Agenda packet — Tulare City Council, October 15, 2024 (part 2 of 2)

Specific experience, cont.
• Trained HUD field office representatives with HUD’s GMP software discussing both data input and Grants Management Process policy. Worked with system developers on software updates. • Served as systems analyst on HUD’s DGMS project. Worked with program developers in interpreting HUD business rules for various grant programs to develop functional requirements documentation and concept of systems operation.
• Conducted CAPER workshops instructing participants in the elements necessary for compliance with year-end reporting.
• Delivered courses in CDBG and HOME basics.

Projects Planner, Anne Arundel County, 1994-1996
• Responsible for preparing grantee performance reports (GPR); environmental assessments; contractor activity reports; Davis-Bacon wage rate compliance; Uniform Relocation and Real Properties Acquisition Act compliance; and demographic analysis and thematic mapping for HUD’s Consolidated Plan.

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We blend technology with the wisdom of our team members to deliver quality and insights. Our five-year Consolidated Plan and AI offerings unravel the complexities of the public sector industry to reveal opportunities waiting to be explored.

Creating a customized service plan unique to the City of Tulare No one achieves breakthrough results by following well-worn pathways. The City of Tulare is a one-of-akind organization with unique risks and opportunities. We build our service plans accordingly.

Tailoring our five-year Consolidated Plan and AI service methodologies to your specific needs. Forging new routes to overcome your challenges.

Your goals, culture and the distinctive factors that impact your industry will play a role in shaping our approach. Along the way, our deep understanding of the public sector industry and knowledge of the City's unique needs will fuel our dedication to helping you achieve your goal to develop a Consolidated Plan and related reports.

Understanding your needs to achieve your objectives
As a federal recipient of CPD formula grant funding (i.e., CDBG program, HOME Investment Partnerships (HOME) program, ESG program and Housing Opportunities for Persons with AIDS (HOPWA) program) from the Department of HUD, the City of Tulare is required to complete an approved Consolidated Plan — a comprehensive planning document of the local government. The Consolidated Plan is designed to help states and local jurisdictions assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs.

HUD also requires that the recipients of CPD formula block grant programs submit an Annual Action Plan prior to the start of every fiscal year that describes how federal funds will be used toward implementing the programs and actions outlined in the Consolidated Plan.

Additionally, as a federal recipient of CPD funding, the City is required to complete an AI. The AI serves as the basis for fair housing planning and provides essential information regarding any impediments to fair housing choice are defined as any actions, omissions, or decisions that restrict, or have the effect of restricting, the availability of housing choices, based on race, color, religion, sex, disability, familial status or national origin.

The City of Tulare, HUD Department (hereafter referred to as City) is seeking to work with a qualified firm that can perform professional grant writing and provide consulting services to prepare the City’s 2025- 2029 Consolidated Plan. Additionally, the City is seeking a firm that will incorporate HUD’s eCon Planning Suite in HUD’s IDIS and can also assist with the submission of the aforementioned documents to HUD on or before May 6, 2025.

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Our approach to achieving your objectives
To gain critical public input from community stakeholders and citizens to provide the City with the guidance needed to develop a well-informed Consolidated Plan, Baker Tilly’s project methodology is organized into four phases:

Task A — Plan
i. Project management, confirmation of project scope/objectives, timing and responsibilities Baker Tilly will initiate and mobilize the City and multiple community stakeholder agencies to ensure all participants share a common understanding and commitment to the project’s goals and objectives. This ongoing task will include communication between the Baker Tilly project team and the City’s project steering committee. Baker Tilly will work to confirm the project’s scope, objectives, project timeline and key responsibilities for the project team. During this phase, our engagement team will work with the City to complete all project kick-off activities (i.e., facilitate a project kick-off call with the dedicated project team, complete billing-related setup activities and identify main point-of-contacts from the City and Baker Tilly). Throughout the duration of the engagement, Baker Tilly proposes that the City’s role will be to participate and attend status update meetings and ad hoc meetings (as needed), provide review/feedback/approval of deliverables, and assist Baker Tilly with coordinating and scheduling meetings with key City staff and public/private agencies. ii. IDIS access and usage
To prepare the Consolidated Plan, Baker Tilly will use the Consolidated Plan template that is embedded within HUD’s eCon Planning Suite that is included within IDIS. To access the IDIS to submit the Consolidated Plan, Baker Tilly will complete and submit a HUD Form 27055: IDIS Online Access Request Form and provide it to the City for review prior to submission for a formal IDIS account. This will allow Baker Tilly with access (in a limited capacity) to access the City’s IDIS account activity during the Consolidated Plan planning process. Baker Tilly will follow the guidance of HUD’s eCon Planning Suite Desk Guide and CFR Part 91 - Consolidated Submissions for Community Planning and Development Programs.

Anticipated outcomes/deliverables
• Project work plan and timeline
• Status reports
• Invoices
• Completed IDIS access request form(s)
Task B — Explore
i. Information request and documentation review
To drive the direction of this engagement, Baker Tilly will initially request pre-existing documentation and data that highlights the current state of the City’s market conditions, affordable housing and community development programming in comparison to the needs of the City’s residents. Specifically, the Baker Tilly team may request and review the following resources:

Plan Explore Analyze Report

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• Local data and information from the City
• Previously collected input from
citizens/advocates/service providers
• 2020 – 2024 Consolidated Plan
• 2020 – 2024 Annual Action Plans
• 2015 – 2023 Adopted Housing Element
• Citizens’ Participation Plan
• Most recent AI to Fair Housing Choice
• Housing Successor Agency Annual Report
• Tulare CARES Homelessness Response
• Tulare County Consolidated Plan
• Tulare County Community Health
Assessment
• State of California Housing Needs Analysis
• City of Tulare Housing Authority Plans
• Other relevant information as appropriate
• Tulare/King Counties Point in Time County
Survey
• Tulare/King Counties Coc Plan
• Homeless Statistics
• CoC Housing Inventory County
• CAPER Reports
• Most recent fair housing resources
• Listing of the City’s public/private agencies
with focuses on homelessness, affordable
housing, victim services, health, lead-based
paint hazards, priority community
development, transportation, public housing
authorities, broadband internet service
providers, emergency management, elderly,
etc.
ii. Recent city homeless statistics
Additionally, Baker Tilly will incorporate a thorough review and analysis of more recent Visalia-Porterville Metropolitan Statistical Area (MSA) and Tulare County-wide data obtained within the past six months in or development of the City’s Consolidated Plan, Annual Action Plan, AI and Housing and Community Development Needs Assessment. This recent data will provide a comprehensive and up-to-date perspective on market trends, housing affordability and community needs, enabling a more accurate and relevant assessment. Baker Tilly’s strategic use of previously collected (and recent) data resources will streamline the City’s planning process, leading to a significantly reduced need for additional data collection and allowing for a more focused approach on identifying data-driven community needs and corresponding projects. This method will result in Baker Tilly being able to provide significant time and budget savings to the City.
iii. Outreach and marketing materials
Baker Tilly acknowledges that inclusive public participation is critical to the development of the City’s Consolidated Plan, Annual Action Plan and AI. To maximize citizen participation efforts, Baker Tilly will create various marketing materials for review, feedback and approval from the City aimed at enhancing citizen outreach and gathering input. Our engagement team will prepare Consolidated Plan, Annual Action Plan and AI overview presentations for stakeholder organizations and citizens to provide an understanding of the consultation process, the work that will be completed and to highlight how their input is critical to the planning and development of the various plans.

Additionally, suggested marketing materials, which can be translated into multiple languages as requested by the City, may include flyers, physical mailers, social media posts, email blasts and public notices that will be used to garner more engagement and feedback from local citizens during the planning process. Baker Tilly, in consultation with the City, will determine and develop the most appropriate qualitative and quantitative data collection methods that will be used to gather agency and community input.

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iv. Identification of stakeholders
Our team will collaborate with the City to identify key stakeholders, including non-profits, citizen-led advisory groups, local government agencies and residents, to engage in consultation efforts and provide input on how federal funds should be allocated to projects and activities that address their needs. Our team will propose to the City the inclusion of several organizations and community groups in an effort to increase citizen participation, including the following organizations (this list is non-exhaustive):
• Altura Centers of Health
• City of Tulare Fire Department
• City of Tulare Police Department
• County of Tulare
• Fair Housing Council of Central California
• Family Service of Tulare County
• Grandma's House - A Vision of Hope
• Hope Horizon Mental Health
• Housing Authority of the County of Tulare
• Kings/Tulare Homeless Alliance CoC
• Lighthouse Rescue Mission
• Salvation Army
• Self-Help Enterprises
• State Department of Fair Employment and
Housing
• The California Department of Fair
Employment and Housing Regional Offices
• The Housing Authority of Tulare County
• Tulare Chamber of Commerce
• Tulare County Health & Human Services
Agency – Task Force on Homelessness
• Tulare Emergency Aid Council, Inc.
• Tulare Senior Services
• Tulare Unified City School District
• United Way of Tulare County
v. Scheduling key meetings (i.e., structured interviews, focus groups, public workshops for citizens and public hearings)
Baker Tilly will work alongside the City to pinpoint ideal dates and times to host and facilitate several structured interviews (up to 6) with staff from key organizations (i.e., Kings Tulare CoC, Housing Authority of the County of Tulare, County of Tulare Health and Human Services Agency, and Tulare Chamber of Commerce). Concurrently, we will coordinate and facilitate organization focus group meetings (2), public workshops for citizens (3) and public hearings (2). Our stakeholder consultation effort will generate detailed responses on specific topics as they relate to the development and completion of the City’s Consolidated Plan, Annual Action Plan and AI. These meetings will allow our engagement team to gather:
• Comprehensive insights: By engaging with key staff members, our engagement team gains indepth understanding of the City’s affordable housing operations, challenges and unique perspectives from staff. As needed, one-on-one interviews may be held to allow for personalized discussions, revealing nuances that might not emerge in group settings. • Diverse perspectives: By facilitating group meetings, Baker Tilly’s goal is to bring together a diverse range of participants — representatives from different City departments, agencies and community organizations. These groups foster open dialogue, encourage collaboration and provide a collective understanding of issues, enabling our engagement team to triangulate data and validate findings. • A holistic understanding: Combining feedback and knowledge acquired from group meetings (and one-on-one interviews as needed) can create a comprehensive picture, informing strategic decisions and program development.
vi. Stakeholder consultations (organizations and citizens) Our stakeholder consultation effort will generate detailed responses on specific topics as they relate to the development and completion of the City’s Consolidated Plan, Annual Action Plan and AI. These meetings will allow our engagement team to gather:

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• Comprehensive insights: By engaging with key staff members, our engagement team gains indepth understanding of the City’s affordable housing operations, challenges and unique perspectives from staff. As needed, one-on-one interviews may be held to allow for personalized discussions, revealing nuances that might not emerge in group settings. • Diverse perspectives: By facilitating focus groups, Baker Tilly’s goal is to bring together a diverse range of participants — representatives from different City departments, agencies and community organizations. These groups foster open dialogue, encourage collaboration and provide a collective understanding of issues, enabling our engagement team to triangulate data and validate findings. • A holistic understanding: Combining feedback and knowledge acquired from group meetings (and one-on-one interviews as needed) can create a comprehensive picture, informing strategic decisions and program development.

Organization focus groups
Stakeholder involvement is a cornerstone of successful strategic planning and coordination to prepare a comprehensive Consolidated Plan, Annual Action Plan and AI. Baker Tilly will work alongside the City, CoC agencies, public/private agencies, service providers, nonprofit organizations, advocacy groups and community-based organizations to facilitate conversations focusing on the City’s needs for housing and supportive services for the next five years and to learn more about presenting fair housing impediments.

Baker Tilly will collaborate with the City to coordinate and schedule up to two (2) virtual organization focus groups organized as a roundtable discussion based on various topics related to the completion of the Consolidated Plan, Annual Action Plan, AI and Citizen Participation Plan such as (this list is not exhaustive):
• Affordable housing/homelessness
• Health and public/human services
• Healthcare
• Environmental and sustainability concerns
• Economic and community development
• Resource allocation
• Elderly persons/persons with disabilities
• Fair housing policies, issues and complaints
• Community engagement
By facilitating focus groups with stakeholder organizations, our engagement team will aim to generate interest in the City’s goals, priorities and activities related to housing and community development, which will be incorporated into the City’s Consolidated Plan, Annual Action Plan and AI. Stakeholder consultation efforts will provide Baker Tilly with additional information about valuable resources and expertise that can contribute to the City’s planning process and gain the buy-in of stakeholder organizations while also gathering diverse perspectives to form a comprehensive Consolidated Plan, Annual Action Plan and AI.

Organization web-based questionnaire
Concurrently with facilitating organizations focus groups, Baker Tilly’s engagement team will also create and launch an organization questionnaire to gather additional feedback regarding priority needs throughout the city and fair housing issues. Through web-based questionnaires, organizations will have the opportunity to provide additional feedback that complements the discussions from virtual focus groups or serves as their primary input if they were unable to participate in the focus groups. Additionally, Baker Tilly will also be able to collect additional feedback on specific components and questions of interest related to the development of the Consolidated Plan, Annual Action Plan, AI and Citizen Participation Plan. To create and administer the web-based questionnaire, Baker Tilly will use Microsoft Forms, a customizable and user-friendly platform that provides real-time responses and data analytics to collect input from organizations that will ensure a seamless and accessible survey experience, fostering greater engagement and participation. Upon consultation with the City, Baker Tilly will determine and develop the most appropriate data collection methods and questions that will be used to gather input from all participants.

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Citizen outreach efforts
Citizen engagement and participation are critical to developing a comprehensive Consolidated Plan, Annual Action Plan and AI. Baker Tilly will work alongside the City to design an engagement process that maximizes community outreach throughout the city by offering various opportunities for participation by citizens. Baker Tilly will identify, design, promote and execute multiple outreach methods to promote public participation among local citizens. Baker Tilly will also collaborate with the City to review and follow its’ current Citizen Participation Plan to determine the most appropriate outreach efforts to meet with local citizens and time frames for residents to provide comments.

Baker Tilly acknowledges that obtaining public participation and feedback for the final Consolidated Plan, Annual Action Plan and AI may present a challenge for a variety of reasons (e.g., scheduled meeting times and locations may be inconvenient for some). To proactively address this potential challenge, we will use a variety of outreach methods as needed to collect the necessary feedback needed to prepare the City’s Consolidated Plan, Annual Action Plan and AI, including:
• Public workshop meetings for citizens: Facilitating up to three (3) in-person and/or virtual public meetings using an open “town hall” format and presentations to gather feedback and input from local citizens to identify their specific needs, concerns and community priorities, resulting in a more relevant plan reflective of the local population. Additionally, we will incorporate several questions within our meetings to solicit feedback and input on updates for the City’s Citizen Participation Plan. • Train-the-trainer model to support outreach: Our engagement team can (upon the request of the City) implement a train-the-trainer model to equip community organizations with the necessary guidance on the HUD Consolidated Plan and how to assist their clientele in completing the Citizen Participation Questionnaire, especially those who may face challenges using technology. As able, Baker Tilly will also work with community organizations to develop ways to distribute and collect paper questionnaires that can be included in our citizen participation efforts. By providing this outreach support, we will enhance our efforts to have citizen participation questionnaires reach a wider audience and that local residents receive the necessary assistance to fully engage in the process, thereby increasing the inclusivity and thoroughness of our data collection efforts. • Social media/City website: Leveraging the City website and social media pages to advertise public community meetings, outreach activities and collect questions and/or feedback regarding needs and the Consolidated Plan, Annual Action Plan and AI to be responded to by Baker Tilly. • Physical mailers: Baker Tilly can work with the City to identify several target organizations to distribute physical mailers to Tulare citizens to raise awareness about upcoming community meetings and the Citizen Participation Questionnaire (e.g., mailers included within utility billing statements). By identifying opportunities to distribute mailers directly to residents' homes, the City can ensure that key information about participation opportunities reaches a broad audience, including those who may not regularly access digital channels.

As needed, Baker Tilly will coordinate with the City to identify interpreters who can assist with providing in-person translation services if necessary (Baker Tilly has access to translation services for assistance with translating documents in a variety of languages as needed).

Citizen participation questionnaire
Baker Tilly will create and launch a web-based Citizen Participation Questionnaire (options for translation will be made available) that can be accessed and completed online by citizens (questionnaire will also be made available via hard copy as needed). Upon consultation with the City, Baker Tilly will determine and develop the most appropriate data collection methods and questions that will be used to gather input from all participants.

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Anticipated outcomes/deliverables
• Information request
• Outreach and marketing materials
• Confirmed meeting dates/times
• Stakeholder organization questionnaire
• Citizen participation questionnaire
• Focus groups/public workshops for citizens presentation slide decks • Stakeholder agency community meeting registration list (i.e., those that registered in advance) Task C — Analyze
Using the information gained from prior tasks, Baker Tilly will analyze information and data collected to complete the City’s draft Consolidated Plan, Annual Action Plan, AI and Citizen Participation Plan. Our engagement team will dissect and interpret collected feedback and data and identify any relevant patterns, trends and correlations that impact, positively or negatively, affordable housing efforts within the community. By combining quantitative results with qualitative narratives, we aim to provide a comprehensive understanding of the City’s challenges and opportunities in the realm of affordable housing. This holistic approach ensures a well-rounded perspective for informed decision-making.

Concurrently, we will thoroughly review the City’s existing Citizen Participation Plan, relevant City policies and HUD guidelines to identify areas for improvement and ensure compliance with current regulations.

This analysis will serve as our foundation for developing a well-informed and updated Citizen Participation Plan that aligns with the City's goals and HUD's expectations. i. Housing and community development needs assessment
To complete the needs assessment, Baker Tilly will use HMIS data, the PIT count and feedback gathered from agencies with a housing interest to describe the City’s estimated housing needs and needs for wraparound, supportive services within the next five years. Baker Tilly will begin to identify gaps in affordable housing and supportive services and list out the more detailed needs identified by family/individual type. Specifically, the Consolidated Plan will take into account the housing and supportive services needs of those that are extremely low income/very low income/low income, the elderly, persons with disabilities, victims of violence, renters and owners and those that are homeless and/or at risk of becoming homeless. Baker Tilly will also describe how housing costs and overcrowding significantly impact large families’ housing needs. Additionally, our engagement team will account for any populations that have disproportionate housing/supportive services needs throughout the City.

Key activities
• Analyze qualitative and quantitative feedback and data received through interviews, public hearings and survey responses
• Define priority levels to categorize unmet community needs and identified gaps in service delivery for qualifying populations
• Describe characteristics of the City’s shelter and housing inventory, service delivery system • Review collected responses and feedback with CoC members to determine disbursement of CDP funds through a potential competitive funding process to eligible service providers, developers, subrecipients, subcontractors, etc., identification of production goals and preferences

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ii. Strategic plan
In the development of the Consolidated Plan, Baker Tilly will work to prepare a thorough strategic plan that identifies the priority needs of the City and describes strategies that will be used to address those said needs. The strategic plan will provide a framework that outlines the City’s vision and goals related to affordable housing across the community, which will support the City’s with remaining in alignment with the Consolidated Plan’s overarching objectives. In conjunction with the Consolidated Plan, the strategic plan will serve as a roadmap for the City to achieve meaningful and sustainable outcomes. iii. Geographic priorities
Upon the completion of identifying priority needs for the City and placing them in order from highest to lowest, Baker Tilly will undergo GIS mapping as needed to assess and determine the most appropriate geographic distribution of funds throughout the City based on the priority level of needs. By using GIS mapping, Baker Tilly will have the ability to visually demonstrate where the highest, housing, economic and social needs reside, which in turn will guide the City towards developing an interconnected, placebased strategy that addresses the priority needs of the City. Furthermore, GIS mapping will allow Baker Tilly to visually describe several key elements including, but not limited to:
• Where current affordable rental housing investments and social needs exist • Where there are affordable rental housing units at risk of losing their affordability within the next five years (i.e., losing federal/state/local funding source that subsidizes the costs of units) • Where the current concentration of various types of subsidized units exists (e.g., tenant- and projectbased vouchers) • Where opportunities exist to better leverage federal/state/local funding resources iv. Priority needs
To identify the priority needs of the City, Baker Tilly will rely on the various resources (i.e., most recent PIT Count, the most recent American Community Survey 5-year estimate, the most recent CHAS data, feedback from public/private agencies received from questionnaires and during community meetings/public hearings, citizen participation efforts) that will provide critical information that will support the identification of the City’s priority needs. For each priority need that is identified, Baker Tilly will:
• Discuss the completed quantitative and qualitative analyses of data and feedback received with the City to provide a rationale for the proposed fund allocation priorities based on needs across multiple projects and/or activities, in discussion with the City • Assign a low/medium/high priority rating to each identified need • Provide a concise description of why each priority rating was assigned • Define measurable indicators of progress for each priority need • Identify any potential challenges that may be present in addressing any priority needs • Further describe how the rationale in assigning a priority rating relates back to the needs of the community
v. Influence of market conditions
In the development of the strategic plan, as mentioned in the Priority Needs section above (e.g., most recent American Community Survey five-year estimate, CHAS data), Baker Tilly will continue to use a variety of resources that provide a comprehensive outlook on the City’s current market conditions to formulate its housing strategy. Based on preliminary research identified within the 2023 National Low Income Housing Coalition (NLIHC) Out of Reach report, Baker Tilly has identified the following annual income amounts needed in the City HUD Metro Fair Market Rent Area (HMFA) to afford, at market rate, various types of rental units:

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• Efficiency (zero-bedroom) unit = $39,080 annual income • One-bedroom unit = $39,560 annual income
• Two-bedroom unit = $51,960 annual income
• Three-bedroom unit = $72,360 annual income
• Four-bedroom unit = $82,600 annual income
By using preliminary research, coupled with the additional qualitative and quantitative data and feedback Baker Tilly will collect through public/private agency consultation and citizen participation efforts, collaboratively with the City, Baker Tilly will be fully equipped to define a comprehensive housing strategy based on the City’s current housing market, which in turn will influence the City’s decision to use grant funds towards projects based on priority needs.
vi. Anticipated resources
Upon consultation with the City regarding various funding sources currently available and forecasted within the next five years, Baker Tilly will have the ability to describe in detail the federal, state and other resources available to meets its housing and community development needs. Baker Tilly will complete a review of the City’s current federal grant awards using USAspending.gov and identify potentially new funding opportunities that may be leveraged to address the identified priority needs. vii. Institutional delivery structure
Baker Tilly anticipates that several of the public/private agencies that will be asked to participate in consultation efforts will also serve as partners and/or subrecipients to carry out the 2025 – 2029 Consolidated Plans. Some of those agencies may include those referenced in the non-exhaustive list above in Task B (iii).
viii. Goals
In consultation with the City, Baker Tilly will prepare a strategic plan that includes a concise summary of objectives that the City intends to initiative and/or complete during the five years of the Consolidated Plan.

Based on preliminary research conducted by Baker Tilly, several possible Goal Outcomes Indicators (GOI) that may be included within the strategic plan include, but are not limited to following:
• Rental units constructed
• Rental units rehabilitated
• Tenant-based rental assistance/rapid
rehousing
• Homeless person overnight shelter
• Homeless facilities (non-operating costs)
• Housing for homeless added
• Housing for people with HIV/AIDS
• Overnight/emergency shelter/transitional
housing beds
ix. Public housing/barriers to affordable housing
In describing the City’s strategic plan around housing, Baker Tilly will also describe strategies the City proposes to reduce and end homelessness and outreach efforts to those that are homeless to address their needs and provide resources as appropriate. For special needs populations (i.e., persons with disabilities, elderly, persons living with HIV/AIDS), Baker Tilly will summarize the identified priority housing and supportive services needs within the strategic plan. Also, Baker Tilly will provide an analysis, description and rationale as necessary to describe any identified non-housing community development needs.

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x. Anti-poverty strategy
Following the guidelines included within 24 C.F.R. § 135, Baker Tilly will provide a summary of the City’s current programs, goals and policies that have been implemented in an effort to reduce the number of individuals and families experiencing poverty. Within the strategic plan, Baker Tilly, alongside the City, will address how proposed future housing programs funded through the Consolidated Plan will align with preexisting housing programs and related services (e.g., creation of new program policies) to ultimately reduce the number of individuals and families experiencing poverty. xi. Monitoring
As required by HUD, the City must describe all policies and procedures used by the City to monitor activities related to housing and community development projects funded through the Consolidated Plan.

To address this requirement, Baker Tilly will review and use the City’s current subrecipient grant monitoring resources. If required, Baker Tilly will provide the City with recommendations to further strengthen the City’s current monitoring procedures.
xii. Housing market analysis
Building upon the housing and homeless needs assessment, Baker Tilly will further analyze information collected to determine the current supply of housing, demand, condition and cost of housing across the City service area. Specifcally, Baker Tilly will determine the the total number of current rental housing units available, rental vacancy rates, percentage of households that are considered severely rent burdened, unmet and priority needs, barriers to obtainining housing and gaps within housing inventory and the service delivery system. Baker Tilly will also describe if it is anticipated and/or expected that there will be a reduction in the number of affordable rental housing units available to be occupied. In describing the current housing stock, as required by HUD Baker Tilly will also:
• Describe the housing stock available to people with disabilities, HIV/AIDS or special needs • Estimate the number of vacant or abandoned buildings, with an indication of the extent they can be rehabilitated
• Provide a narrative description of and/or map that describes areas where low-income people and people of different races and ethnicities are geographically concentrated within the City’s service area • Identify the number of public housing units in total, along with their current condition and ability to be rehabbed (if needed)
• Identify the number of units funded by other federal, state or local funding sources, including the income levels and types of families they service
Baker Tilly will also use the data collected to determine and describe the number of beds per program type (e.g., permanent supportive housing, transitional housing, emergency shelters, permanent housing) and facilities (e.g., congregate and non-congregate shelter) available. In regards to condition of the current supply of housing available, Baker Tilly will also estimate the number of housing units across the City service area that are occupied by low-income families or moderate-income families that contain leadbased paint hazards. As guidance on completing this requirement, Baker Tilly will adhere to CFR §

91.215.

As Baker Tilly works to complete the City’s market analysis, Baker Tilly will also adhere to 24 CFR §

91.210 to describe the vulnerability of housing occupied by low- and moderate-income households to increased natural hazard risks associated with climate change based on an analysis of data, findings and methods identified by the City. Additionally, Baker Tilly understands how access to widespread broadband can positively impact low- and moderate-income households. As such, within the market analysis Baker Tilly will collaborate with the City to also identify its broadband needs, which may include the need for broadband wiring, increased connection and having access to more than one service provider throughout the City.

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xiii. Public hearing
During the development of the Consolidated Plan, Baker Tilly will collaborate with the City to coordiante and facilitate two (2) public hearings (in-person and/or virtual) in alignment with the City’s Citizen Participation Plan. As expressed by HUD, “public hearings provide the opportunity for citizens to comment on the housing and community development needs of a jurisdiction.” In preparing for the public hearing, our engagement team will outline the goals of the public hearing (ensuring alignment with the Consolidated Plan’s objectives) and identify key topics for review and discussion during the public hearing. To ensure attendees are aware of the purpose of the Consolidated Plan and the planning process, Baker Tilly will prepare an overview presentation to provide citizens with a better understanding of the process to assist with facilitating meaningful dialogue during the meeting. Upon completion of the public hearing, our engagement team will synthesize and analyze the feedback received and incorporate it into the Consolidated Plan to reflect the community’s expressed needs and priorities. xiv. Annual action plan
As Baker Tilly undergoes research, review, analysis and consultation with agency stakeholders and citizens of the community to prepare the City’s Consolidated Plan, the same data and analysis will be used to complete the Annual Action Plan. Our engagement team will further undergo a critical analysis to evaluate prior strategies used by the City to achieve housing and community development goals.

Specifically, the Annual Action Plan will include:
• An in-depth analysis of available funding sources (e.g., CDBG grant program) • Results of consultations with key stakeholders to set measurable goals and objectives for the upcoming year
• Prioritization of programs and activities where Baker Tilly, in collaboration with the City will determine the allocation of resources to maximize the community’s impact on its most pressing issues • Identified and defined performance metrics that will be used to track progress and measure the impact of funded programs to measure continuous improvement In collaboration with the City, we will review the draft Consolidated Plan and Annual Action Plan as instructed by the City’s project steering committee, and make any edits as needed prior to issuing final document.

Throughout the duration of the project, Baker Tilly understands that the City may receive formal and/or informal communications from the HUD in the form of questions, comments, special requests, etc. As needed, Baker Tilly will support the City with conducting research, making edits and drafting responses that can be shared with HUD to address any questions that may arise. xv. Analysis of Impediments to Fair Housing Choice (AI) Using the information gained from prior tasks, Baker Tilly will analyze information and data collected to complete the City’s draft AI. The analysis will include organizing and preparing the data received, categorizing and coding responses to make feedback easier to assess and concluding with interpreting the data to pinpoint possible fair housing issues and present recommendations to remedy any fair housing impediments. Upon completion of our analysis, Baker Till will identify, prioritize and summarize significant fair housing contributing factors, which will, in turn, inform future goal setting and support the identification of strategies, corrective actions and policy responses to fair housing issues. Prior to formally sharing any findings, Baker Tilly will present all preliminary information to the City for initial review, discussion and feedback.

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Anticipated outcomes/deliverables
• Public workshops/public hearing
presentation slide decks
• Feedback collected from interviews with
stakeholder organizations + written
summary
• Organization focus group attendee list (i.e.,
those that actually participated)
• Written summary of feedback collected from
organizations focus groups
• Written summary of feedback collected from
public workshops with citizens
• Stakeholder organization questionnaire
results + written summary
• Citizen participation questionnaire results +
written summary (including graphical
representation of feedback as needed)
• Recording of community meetings/public
hearings (as requested)
• Housing and homeless needs assessment
• Strategic plan
• Geographic priorities
• Priority needs and goals
• Housing market analysis
Task D — Report
Baker Tilly will summarize all feedback, including questionnaire results, verbal feedback received during public/private agencies, neighborhood presentations and hearings, using additional data tools to prepare a comprehensive draft and final Citizen Participation Plan, Housing and Community Development Needs Assessment, Consolidated Plan, Annual Action Plan and AI.

After the initial drafts are reviewed and approved by the City, Baker Tilly will finalize the drafts and prepare to present the plans in-person and/or virtually to the City and the City Council and/or concurrently during a public hearing.
i. Citizen participation plan
Baker Tilly’s engagement team will undergo a thorough analysis of the City’s existing Citizen Participation Plan, along with HUD guidelines and City policies. This analysis aims to identify strategic opportunities for enhancing citizen engagement, with the overarching objective of fostering broader community participation and soliciting valuable feedback on local needs and priorities. Throughout our analysis, we will pay particular attention to expanding upon ways to reach traditionally underserved populations to ensure that they have a voice in the City’s future and ongoing planning efforts.

To collect additional feedback into various strategies that can be incorporated within the City’s updated Citizen Participation Plan, Baker Tilly will leverage the focus groups and questionnaires that will be conducted for the Consolidated Plan, Annual Action Plan and AI development processes. This integrated approach will serve as a platform to solicit feedback on innovative strategies and best practices that have proven effective in engaging traditionally underserved populations, including low-income individuals, minority groups, non-English speakers and persons with disabilities.

Upon completion and initial review by City staff, the draft Citizen Participation Plan will be released for a 30-day public comment period, in compliance with the City's existing participation guidelines.

Concurrently, the document will be made available in accessible formats to accommodate individuals with disabilities, as per City requirements.
ii. Analysis of Impediments to Fair Housing Choice (AI) Baker Tilly will prepare a comprehensive executive summary that summarizes the City’s process toward completing the final AI. The executive summary will include a high-level overview of tasks and actions completed to reach a final AI and a visual representation of data utilized (i.e., graphs, tables, charts) to support the information included within the AI.

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33 WORK PLAN AND SCHEDULE
Baker Tilly will summarize all feedback and prepare all draft supporting materials into a format and organizational structure in compliance with all federal regulations, guidelines and notifications to prepare a comprehensive draft and final AI for submission to HUD. After the initial draft of the AI has been prepared, Baker Tilly will present it to the City for their review, comments and, ultimately, approval. After review and acceptance of the draft AI by the City, the report and supporting data will be released to the public for a public comment period of no less than 30 calendar days to review and submit their comments for consideration and inclusion.
iii. Housing and Community Development Needs Assessment Key activities for completion of the needs assessment will include:
• Analyzing qualitative and quantitative feedback from interviews, public hearings and surveys • Defining priority levels to categorize unmet community needs and service delivery gaps for qualifying populations
• Describing the characteristics of the City's shelter and housing inventory and service delivery system Through our assessment, Baker Tilly will be well-positioned to describe the City’s estimated housing needs and any additional needs for wraparound, supportive services within the next five years. iv. Consolidated Plan
The Consolidated Plan will include:
• A comprehensive executive summary that summarizes the City’s process towards completing the final Consolidated Plan and Annual Action Plan and offers a high-level summary of how consultation and citizen participation was encourage and facilitated and results of the consultation and public engagement efforts
• Strategic plan
• Geographic priorities
• Defined priority needs and goals of the City
• Housing and Community Development Needs Assessment
v. Annual action plan
As Baker Tilly undergoes research, review, analysis and consultation with agency stakeholders and citizens of the community to prepare the City’s Consolidated Plan, the same data and analysis will be used to complete the Annual Action Plan. Our engagement team will further undergo a critical analysis to evaluate prior strategies used by the City to achieve housing and community development goals.

7.6 Consent Page 51
34 WORK PLAN AND SCHEDULE
In collaboration with the City, we will review the draft Consolidated Plan and Annual Action Plan as instructed by the City’s project steering committee, and make any edits as needed prior to issuing final document.

Anticipated outcomes/deliverables
• Draft and final Citizen Participation Plan
• Draft and final AI
• Draft and final Housing and Community Development Needs Assessment • Draft and final Consolidated Plan
• Draft and final Annual Action Plan
Meeting or beating the City of Tulare’s deadlines
They say time is money, and we agree. Every moment holds opportunity and we make the most of each moment together — adding value, supporting your goals and always delivering your services on time or ahead of schedule.

The chart below represents our customized approach to deliver the professional services to the City on time. And it’s just our starting point. We’ll collaborate closely with you to finalize a client service plan that meets all your needs — especially your timing.
2024 2025

KEY TASKS OCT NOV DEC JAN FEB MAR APR MAY
Task A — Plan
Task B — Explore
Task C — Analyze
Task D — Report
Project management
(ongoing)
Anticipated project timeline/milestones

ACTIVITY COMPLETION DATE
Scoping meeting with City staff and initiation of
services
October 22, 2024
Additional scoping meeting with City staff and
confirmation of ConPlan elements and related
plans/reports responsible to consultant
October 29, 2024

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35 WORK PLAN AND SCHEDULE

ACTIVITY COMPLETION DATE
Data collection for all needs assessment and AI
plan
• Information review
• Outreach and marketing
• Creation of questionnaires
• Launch of questionnaires
December 20, 2024
• October 28, 2024 – November 15, 2024
• November 4, 2024 – November 15, 2024
• November 11, 2024 – November 22, 2024
• December 2, 2024 – December 20, 2024
Input sessions (consultation with residents and
stakeholders)
• Focus groups (organizations) and public
workshops (citizens)
• First public hearing
December 2, 2024 – January 10, 2025
• December 2, 2024 – January 10, 2025
• December 3, 2024
First draft of AI submitted to City for review by
staff
February 7, 2025
City review and comment on AI to Consultant February 14, 2025 AI — Final bound edition (PDF and Word) version
for City files and IDIS data entry
March 14, 2025
Initial draft of Con Plan, Action Plan, and Citizen
Participation Plan submitted to City staff for review
February 7, 2025
Work with City staff to clarify, review draft plans as
need
February 21, 2025
Public notice March 16, 2025
Public comment period March 16, 2025 – April 15, 2025
Second public hearing, adoption of plans On or before May 6, 2025 Final Con Plan, Action Plan and Citizen
Participation Plan submitted to HUD through IDIS
On or before May 13, 2025

OUR COMMITMENT TO THE CITY OF TULARE
Working closely with you and your team, we will co-develop a timeline to deliver on time or ahead of schedule. We understand the importance of being flexible as needed, and our open to accommodate changes to the proposed schedule above to meet your needs.

7.6 Consent Page 53
36 Cost proposal
When we say value, we mean achieving your objectives and imagining new ones. We mean sharing industry insights, gaining efficiencies and directing our best resources to the City of Tulare.

Sharing our transparent fee estimate
City's fee estimate is based on what we’ve learned is important to you. We’ll go beyond what’s expected to deliver a return on your investment.

SERVICES FOR THE CITY OF TULARE FEES
TASK A — PLAN $29,205
TASK B — EXPLORE $15,048
TASK C — ANALYZE $13,484
TASK D — REPORT $12,263
TOTAL FOR ALL SERVICES $70,000

OUR TRANSPARENT, FAIR FEE ESTIMATE
The City of Tulare can expect a competitive fee arrangement and continuous value. Anticipated travel time and associated fees have already been included within the overall project budget. For travel time, Baker Tilly bills travel time at a 50% discounted rate (ex. a team member with a standard bill rate of $200/hour that travels will bill $100/hour for travel time). Lodging and meals will be billed at no more than the current federal per diem max rate.

No unnecessary charges
You won’t see add-on charges for routine calls, emails or quick consultations. They’re included in our fees because we’re here to earn your trust. If your need is out of scope, we’ll never perform additional work unless you give us the go-ahead. Our final billing will always be based on the value we deliver to you.

Key assumptions
We based our fee estimate on your needs — and it’s just that — an estimate. If any of the assumptions below change, we’ll share any new requirements, budgetary considerations and options.

ASSUMPTIONS
• Adequate support, preparedness, cooperation
and feedback from management
• The City will provide resources to assist with
coordination activities such as scheduling,
gathering contact information and securing
project team space
• Appropriate staff will be available per the
agreed-to schedules
• Baker Tilly will have access to, and be
provided with, electronic or other readily
available data, without the need to conduct
data extraction
• Information will be provided within the
specified timeframes and format
• No significant changes in scope

7.6 Consent Page 54
37 COST PROPOSAL
Affirming our commitment to the City of Tulare
Our team will always look for a better way to help you stay ahead of every curve on our journey together.

ABOVE ALL, OFFERING INFINITE POTENTIAL
Going above and beyond to exceed the City's expectations is important to us.

7.6 Consent Page 55
3150031500
REQUEST FOR PROPOSALS NO. 25-811

PROFESSIONAL SERVICES

TO PREPARE CITY OF TULARE
FY 2025-2029 FIVE-YEAR CONSOLIDATED PLAN
AND
FY 2025-2029 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Proposals must be emailed or received via mail:

Contact Person: Gladys Avitia, Housing and Grants Specialist [email protected]
or
City of Tulare | Community Development Department
Attn: Gladys Avitia
411 E. Kern Avenue
Tulare, CA 93274
Proposals must be received on or before 5:00 pm on September 23, 2024

7.6 Consent Page 56
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
2 Table of Contents
Section 1 – Overview of Request for Proposal .......................................................................3 Consolidated Plan and Related Documents.............................................................................4 Introduction to Scope of Project and Services......................................................................6 Project Milestones / Timeline ………………………………………………………………….7 Section 2 – Scope of Services and Products..........................................................................8 Services of Consultant.............................................................................................................8 Details of Required Products ..........................................................................................9-11 Final Products Format and Presentation …………………...……………………………….11 Section 3 – Project Meetings..................................................................................................12 Section 4 – Project Schedule and Completion Deadline......................................................12 Section 5 – Proposal Deadline, Format and Contents.....................................................12-14 Section 6 – Selection Process ...............................................................................................14 Section 7 – Required Insurance Coverages..........................................................................15

7.6 Consent Page 57
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
3 SECTION 1: OVERVIEW OF REQUEST FOR PROPOSAL
Summary
The City of Tulare’s Community Development Department is responsible for preparing and implementing Tulare’s five-year Consolidated Plan which requires an assessment of housing, social service, economic, and infrastructure needs within the jurisdiction and the identification of objectives and related activities for the deployment of U.S. Department of Housing and Urban Development (HUD) grant funding, including the Community Development Block Grant (CDBG) and HOME Investment Partnership funding (HOME), and other federal and/or state grant programs.

The City of Tulare is seeking proposals from qualified and experienced entities to prepare the City’s Consolidated Plan for fiscal years 2025 through 2029. The City will select one nonprofit or for-profit entity from eligible applicants to complete all or a portion of elements of the Consolidated Plan process. A selected applicant must assist City staff in planning, outreach, analysis, and composition duties to satisfy federal requirements for a Consolidated Plan and properly organize and submit all documentation within the Integrated Disbursement and Information System by May 15, 2025.

Background – City of Tulare and the Consolidated Plan
The City of Tulare is a suburban and rural oriented community with a growing and diverse population situated along California state highway route 99 and within the center of Tulare County. The city has an approximate population of 68,875 people, which as of 2020, reflected a population growth of 16 percent from 2010. People under 5 years of age or over 65 years of age compose about 6 and 8 percent of the total population, with persons between 5 and 17 and 25 to 44 years of age as the largest groups at about 23 and 27 percent respectively. In Tulare, 63.6 percent of the population identifies as Hispanic/ Latino (of any race), slightly lower than the county (65.1 percent) and higher than the state (39.1 percent). The second largest population group by race/ethnicity is white (not Hispanic/Latino) representing 28.0 percent of the total population in Tulare. This percentage is similar to the county (27.8 percent) and lower than in the state (36.5 percent). The educational services, and health care and social assistance sector employs 5,866 people or 22.4 percent of the workforce in Tulare, similar to the county average (21.6 percent) and the state average (21.2 percent). The second largest industry in Tulare is retail trade with 19.9 percent of Tulare’s workforce employed in this sector. The median household income in Tulare was $56,024 in 2020 which was higher than in Tulare County ($52,534) and lower than statewide ($78,672).

Tulare is an entitlement metropolitan city and only receives CDBG Program funds directly from HUD based on an allocation formula. The City of Tulare does receive Permanent Local Housing Allocation (PLHA) funds as an entitlement jurisdiction directly from the California Department of Housing and Community Development and revenue from loan repayments on past investments with single-family and multifamily projects under state HOME, CDBG,

7.6 Consent Page 58
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
4 CalHome, and Housing Successor Agency programs. As a recipient of federal CDBG funds, the City is required to prepare a Consolidated Plan (ConPlan) for a new five-year period, an Annual Action Plan, and a Consolidated Annual Performance and Evaluation Report (CAPER) on a regular basis. The development of the ConPlan involves a participatory planning process with input from residents, community-based organizations, businesses, and other stakeholders. The ConPlan acts as a roadmap for the formulation and implementation of the City’s Annual Action Plans over five years, which begins on July 1, 2025, and concludes on June 30, 2029. A ConPlan will establish funding priorities based on quantitative and qualitive data and instruct the yearly allocation of CDBG and other federal and state grants and other local resources to prioritized projects with measurable outcomes.

ConPlan requirements outlined in 24 Code of Federal Regulations (CFR) Part 91 direct the distribution of formula grant funding, particularly CDBG and HOME, to assist primarily low-tomoderate income persons through activities and projects that satisfy objectives of HUD’s Office of Community Planning and Development (CPD) for grant programs. Objectives for CPD grant programs include:
• Development of viable urban communities;
• Provision of decent housing and a suitable living environment; • Expansion of economic opportunities for low and moderate-income persons; and, • Establishment of effective and impactful partnerships between government, private, and non-profit sectors in the production and preservation of affordable housing.

Consolidated Plan and Related Documents
The City will utilize HUD’s eCon Planning Suite to compose and submit the 2025-2029 Consolidated Plan as well as its Fiscal Year 2025 Annual Action Plan. Therefore, a selected firm is expected to understand and satisfy all applicable formatting, analysis, timelines, and other factors related to the preparation and submission of these plans.

Information on HUD’s eCon Planning Suite is available at the following web site:
https://www.hudexchange.info/consolidated-plan/econ-planning-suite/ The Consolidated Plan, as per 24 CFR 91, examines socioeconomic and housing needs of lowincome persons and other subpopulations; current housing market conditions; and primary community development needs. All of which are identified through a collaborative and coordinated process. Priorities, goals, and measurable outcomes are established with quantitative and qualitive data and reflect input from diverse stakeholders. The priorities and goals set forth in the ConPlan are actionable and must inform the appropriation of federal entitlement and other similar grant financing to activities and projects that align with the ConPlan. Implementation of the ConPlan rests on yearly planning, monitoring, and evaluation duties over a given annual action plan.

7.6 Consent Page 59
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
5 The Strategic Plan, as per 24 CFR 91.215, must indicate priorities for the investment of federal and other grant financing according to programmatic and geographic parameters. A range of feasible activities will include appropriate justifications, and particular priorities may identify subpopulations and physical areas of the community for assistance. Priorities may call for the solicitation, design, and implementation of activities that principally benefit extremely lowincome, low-income, and/or moderate-income households and/or specific neighborhoods. A Strategic Plan must also identify any obstacles to serving particular subpopulations and/or achieving affordable housing, public housing, homelessness, supportive housing needs for particular vulnerable subpopulations, anti-poverty, and lead-based point hazards goals. This plan summarizes priorities and their related objectives for a five-year period and provides measurable outcomes.

The Analysis of Impediments to Fair Housing Choice, (AI), must be conducted at the beginning of each five-year ConPlan cycle. As part of the ConPlan, the City must certify annually that it will affirmatively further fair housing. The AI is a component of the ConPlan that addresses requirements of the Housing and Community Development Act of 1974, as amended. This Act requires that each jurisdiction receiving CDBG and HOME funds must assess and institute plans to eliminate segregation and promote integration, overcome disparities in access to opportunity, maintain compliance with fair housing and civil rights requirements, and address other barriers to fair housing choice based on characteristics protected by the Fair Housing Act.

Impediments are identified through an analysis, and actions to address them are described. The AI produced by an applicant / consultant must meet all the requirements for such document provided by HUD and those within the Fair Housing Planning Guide, Volumes 1 and 2.

A Citizen Participation Plan is also adopted with the ConPlan. As per 24 CFR 91.105, this plan sets the City’s policies and procedures for public outreach, announcements, and participation within planning and amendment processes related to the ConPlan and Annual Action Plans. A selected consultant is responsible for preparing this plan according to regulations and with input from City staff.

The Annual Action Plan (AAP) as per 24 CFR 91.220, is also a component of an adopted ConPlan. An AAP is developed and approved by the grantee’s legislative body and HUD prior to the beginning of each fiscal year (a July 1st to June 30th cycle). The AAP identifies the anticipated resources and activities the City will utilize to achieve progress toward the ConPlan objectives.

HUD provided a web-based tool and format to ensure the ConPlan includes all the required elements per the regulations. HUD introduced the eConPlanning Suite, a collection of new online tools to help create market-driven, leveraged housing and community development plans.

The ConPlan template is designed to help with this process. A selected applicant will work with City staff to incorporate information into the Integrated Disbursement and Information System (IDIS) as an eConPlan.

7.6 Consent Page 60
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
6 Introduction - Scope of Project and Services
The City is seeking a consultant to prepare several federally-mandated plans as part of the ConPlan, including, but not limited to, an Analysis of Impediments to Fair Housing Choice, a Strategic Plan, a Citizens’ Participation Plan, and other components of the ConPlan as referenced herein.

Objective: develop a five-year Consolidated Plan (ConPlan) as described in this RFP and according to the timeline identified below. The City will select an applicant based on the results of an evaluation.

Services: A consultant will lead outreach and composition duties with support from City staff as necessary to complete a ConPlan and related documents within a timely manner. And once finalized, a consultant will upload the ConPlan and related documents into the federal Integrated Disbursement and Information System (IDIS) for HUD’s review and consideration.

The Consultant must be familiar with HUD Consolidated Plan requirements and demonstrated the capacity to perform key tasks of this project. The Consultant, with City review, shall be primarily responsible for project management and preparation of the ConPlan in full, including other required components such as the Citizen Participation Plan, Strategic Plan, and AI. City staff are available to compile and assess data and assist with the preparation of sections of individual plans. It should be understood, however, that the availability of City staff to support the project is limited and the experience and capacity of a selected Consultant must be sufficient to complete and submit a compliant ConPlan and its related documents in a timely manner.

The Consultant will have responsibility for organizing community meetings, conducting outreach and research, analyzing results, and preparing all written material a part of citizen participation, the housing and homelessness needs assessment, housing market analysis, AI, Strategic Plan, and any other related documents necessary to complete the ConPlan.

A Consultant must confer with a broad spectrum of public and private agencies that provide subsidized and assisted housing, health care, employment and social services to low- and moderate-income persons, seniors, people experiencing homelessness, and other subpopulations with special needs. The resulting reports should illustrate a relationship between community goals, objectives, and priority needs, and actionable progress on a year-toyear basis to achieve said goals. Work must include data collection and analysis of quantitative and qualitative information as part of a needs assessment of the trends within the City of Tulare and neighboring jurisdictions where applicable. The majority of the data should be derived from U.S. Census, America Community Survey, U.S. Bureau of Labor Statistics, and other comparable public data sources that are rigorous and accessible, however, some components of the needs assessments and plans will require independent research.

7.6 Consent Page 61
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
7 Where appropriate, narratives within the ConPlan and other plans should provide clear, concise tables, charts, graphs, and/or maps. The Consultant will submit documentation to the City in a variety of formats, including Word, Excel, .pdf, and .jpeg, prior to the delivery of the ConPlan and related documents within IDIS.

The Consultant shall offer the necessary team member(s), time, and resources to meet with City staff and accomplish all items outlined within this RFP and initial scoping meetings. A selected applicant shall submit a realistic timeline to complete the project including, but not limited to, the events and dates identified below.

Anticipated Project Timeline / Milestones
Activity Completion Date
RFP Submission Deadline September 23, 2024, by close of business.

Interview with applicant(s) if necessary September 30, 2024 Council Approval of Contract; Contract
Execution
October 15, 2024
Scoping Meeting with City staff and Initiation
of Services
October 22, 2024
Additional Scoping Meeting with City staff and
confirmation of ConPlan elements and related
plans / reports responsible to Consultant
October 29, 2024
Data collection for all needs assessments and
AI plan
December 13, 2024
Community Needs Survey/Input Sessions November 11, 2024 to January 24, 2025 Consultation with Residents/Stakeholders November 11, 2024 to January 24, 2025 First Draft of AI Submitted for Review to City
Staff
February 7, 2025
City Review & Comment on AI to Consultant February 14, 2025 AI—Final Bound Edition, a pdf, & Word
version for City files and IDIS data entry
March 14, 2025
Initial Draft of ConPlan and Action Plan
Submitted to City Staff for Review
March 14, 2025
Work with City Staff to Clarify, etc. As Needed March 24, 2025 Public Review Draft of ConPlan & Action Plan
Completed
March 28, 2025
Public Hearing and Adoption of Plans on or before May 6, 2025 Final ConPlan and Annual Action Plan
Submitted to HUD through IDIS
May 13, 2025

7.6 Consent Page 62
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
8 Provide Technical Assistance Throughout
HUD Approval Process of ConPlan and
Annual Action Plan
Until HUD approval (on or before August 15,
2025)
Notes - An applicant shall provide their own detailed activity and completion deadlines as part of the response to this RFP.

Action Plan
Approval for projects and/or activities within the first Fiscal Year 2025-2026 will be made by City Councilmembers prior to submittal of the ConPlan and related documents to HUD. A consultant, along with City staff, will submit the ConPlan and related documents for HUD’s consideration on a timeline that is prepared by the Consultant and agreed to by the City.

Anticipated Timeline for Contract Approval
Event Date of Event
• RFP Available to Public August 21, 2024
• *Informational Conference - Proposals September 4, 2024 • Responses to RFP Due September 23, 2024
• Interviews with Short-Listed Consultants September 26-30, 2024 • Award of Contract at Council Meeting October 15, 2024 • Execute Contract October 22, 2024
*Notes:

City staff will hold a voluntary conference for prospective applicants and other stakeholders regarding this Request for Proposals on Wednesday, September 4, via the Microsoft Teams platform. Please contact City staff if reasonable accommodation(s) are necessary for participation. This meeting will commence at 4:15 pm PST.

Interested parties may use this link to enter the virtual meeting - https://teams.microsoft.com/l/meetup-join/19%3ameeting
SECTION 2 - SCOPE OF SERVICES AND PRODUCTS
A. Required Products
The Consultant shall provide the City with a five-year Consolidated Plan, including, but not limited to, a Strategic Plan, Citizen Participation Plan, Housing Market Analysis, and Housing and Community Development Needs Assessment, and an Analysis of Impediments to Fair Housing Choice, all according to the HUD requirements pursuant to 24 CFR Part 91.

The ConPlan must align with the City’s housing–related documents such as the Housing Element of the General Plan.

7.6 Consent Page 63
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
9 B. Services of a Consultant
A consultant is responsible for leading and completing all aspects of developing a five-year Consolidated Plan, Analysis of Impediments, and Citizens’ Participation Plan. All applicants should prepare a proposal with the assumption that their primary responsibilities include the coordination of activities, data collection and analysis, public outreach and surveying, data formatting and mapping, and drawing conclusions on goals and objectives for the ConPlan and related subplans.

In addition to conducting public outreach and engagement actions, a selected consultant must prepare materials as necessary and attend public meetings and public hearings as part of the development and consideration of the Analysis of Impediments, Consolidated Plan, and other major subplans and documents.

A Consultant must plan for a minimum of:
• two (2) well-attended public workshops that include community-based organizations, residents, businesses, and other stakeholders;
• structured interviews with the Kings Tulare CoC, Housing Authority of the County of Tulare, County of Tulare Health and Human Services Agency, and Tulare Chamber of Commerce;
• circulation and analysis of one (1) community needs survey; and • facilitation of one (1) City Council workshop and one (1) public hearing A selected consultant must prepare the appropriate presentations, clearly explain the ConPlan and its public input options, and facilitate stakeholder discussions.

Overall, a consultant will confer with a broad spectrum of public and private agencies that provide subsidized and assisted housing, health care, employment and social services to lowand moderate-income persons, seniors, people experiencing homelessness, and other subpopulations with special needs. The resulting plans and reports should illustrate a relationship between the community’s priorities and actionable progress on a yearly basis to achieve overall ConPlan goals and objectives. A consultant’s work will include data collection and analysis of quantitative and qualitative data as part of a needs assessment of trends within the City of Tulare and neighboring jurisdictions where applicable. The majority of the data must prove reliable and rigorous, derived from sources such as U.S. Census Bureau, America Community Survey, U.S. Bureau of Labor Statistics, and other comparable publicly and privately sourced information. The methodology of survey and interview derived date must be included.

C. Details of Required Products

1. Citizen Participation Plan and Citizen Participation Summary for ConPlan Consultant will compose a participation plan describing methods and standards for residents and other stakeholders to learn about and influence the implementation of the five-year Consolidated Plan and individual Annual Action Plans as required by HUD.

Also, Consultant will prepare a Citizen Participation Summary that describes how residents and other stakeholders responded during public meetings, surveys, and/or

7.6 Consent Page 64
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
10 interviews regarding needs, priorities, and future activities a part of the Consolidated Plan and first Annual Action Plan.

2. Analysis of Impediments to Fair Housing Choice (AI)
Consultant will engage and record input from local community-based organizations, housing providers, realtors, lenders, and the general public to identify barriers and remediation options for an AI. A consultant should present data in multiple formats within and demonstrate concentrations of residents living in poverty, lending rates (e.g., with Home Mortgage Disclosure Act data) as well as the availability of public transportation, long-term rental assistance, and permanent and interim supportive housing as required by HUD. An AI must also include an assessment of the laws, regulations, policies, and procedures affecting fair housing, and recommendations for a proposed Fair Housing Choice Action Plan. A consultant will provide the City with a resource file to include, at a minimum, a list of references and data sources, agendas and minutes from interviews, other evidence of consultations, and other source documentation that explains their analysis and recommendations within an AI.

3. A Housing and Community Development Needs Assessment As per HUD regulations 24 CFR 91.205, 91.215, and 91.210, a Consultant shall:
• Assess the City’s housing and homeless needs
• Assess the City’s non-housing community development needs • Conduct a Housing market analysis
A consultant must use HUD’s eCON Planning Suite as a guide in developing the Housing and Community Development Needs Assessment, provide all necessary information required by this tool, and incorporate the results within a ConPlan. An added goal of the Housing and Community Development Needs Assessment is for the results to be comprehendible for the general public. A consultant should utilize data from federal, state, and local public sources, including the City’s draft Housing Element (2023- 2031), the most recent 2024 Point In Time Count for Kings and Tulare Counties, public housing authority reports on its local portfolio and related needs assessment, and other public and privately held date on housing and economic characteristics of the region.

And lastly, a housing market analysis must also satisfy the Final 2013 Rule for the HOME program.

4. The Consolidated Plan for Five Fiscal Years (24 CFR 91.215) A consultant will prepare a Five-Year Strategy which sets priorities, expected outcomes, actions and benchmarks; establishes a feasible plan linked to long-term priorities and objectives for projects of the 2025-2026 Program Year. Aligning projects within a given annual action plan should also prepare the City to complete a relative and rigorous Consolidated Annual Performance and Evaluation Report (CAPER) as required by HUD for each program year. In developing a ConPlan and its strategic plan, a Consultant shall identify and include benchmarks that are measurable and reflect HUD standards.

7.6 Consent Page 65
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
11 5. The 2025-2026 Annual Action Plan (24 CFR 91.220)
Consultant shall provide City Staff with the necessary information to prepare an annual action plan as part of its five-year CoPlan. A consultant shall coordinate with City staff to properly format and present content for an inaugural action plan that is consistent with the eCon planning suite and suitable for submission within IDIS. A consultant must create tabular and geospatial data to demonstrate how federal grant financing will benefit low-income and minority-concentrated areas during fiscal year 2025-2026.

D. City Responsibilities
The City will select one applicant, to complete all services outlined in this RFP.

Representative(s) from the City’s Community Development Department will assist a consultant throughout the project.

A consultant may coordinate with City representative(s) on a regular basis and request that City representative(s):
• Examine drafts of plans and supporting documentation and render timely decisions pertaining thereto;
• Give reasonably prompt consideration to all inquiries of a consultant so that there will be no substantial delays in progress towards milestones;
• Process reimbursements for eligible and documented services; • Provide a copy of the current Consolidated Plan with its strategic plan, AI, Citizen Participation Plan, and other documentation as necessary, including a draft Housing Element; and,
• Assist with stakeholder outreach and meeting facilitation where feasible.

E. Format and Presentation of Products (Final Versions) • Draft and final 2025-2029 Consolidated Plan and 2025 Action Plan must be available for viewing in two formats—in printed form and on a digital file sharing platform. Each document must be of high quality, easily comprehensible, and include an Executive Summary.
• Executive summaries of the Consolidated Plan and FY 2025 Annual Action Plan shall be easy to read and outline the key content from each section of the respective plans. • Both the Consolidated Plan and the Annual Action Plan shall include graphs, maps, pictures, or tables to communicate information clearly to the public. • Consultant shall provide 1 bound copy of all drafts submitted as well as a master copy of each document in Word or Excel with all supporting files on a flash drive. • Consultant shall provide 2 bound copies of each final document as well as a master copy of each document in Word and/or Excel with all supporting files on a flash drive.

City will retain ownership of all final documents.

7.6 Consent Page 66
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
12 • Consultant shall place the documents on a flash drive in Word and pdf format, with all attachments and maps in .jpeg or .pdf format, allowing the finished documents to be posted on the City’s website.

SECTION 3 - PROJECT MEETINGS
Prospective consultants shall assume as a minimum the following number of meetings.

Payment for meetings will be based upon the actual number of meetings attended. The proposed fee for meetings shall be segregated by the type of meeting and should include all costs for personnel, presentation materials/equipment, travel and ancillary costs. When preparing budget for this proposal, City staff recommend that an applicant consider the difference in preparation and related costs for in-person and virtual meetings / presentations.

MEETINGS NUMBER OF MEETINGS
Meetings with City Staff As needed
Workshops with the public 2
Workshops with City Council 1
Public Hearings with City Council 1
Meetings with HUD Staff As needed
SECTION 4: PROJECT SCHEDULE AND COMPLETION DEADLINE
The selected consultant will be expected to assist the city in completing and submitting a comprehensive ConPlan and related documentation before the HUD deadline of May 15, 2025.

Upon selection, a consultant should confirm and initiate a project schedule that begins on or before the date of contract execution.

Prospective consultants should include in their proposals a project management timeline that corresponds to the suggested milestones on page 7 of this RFP.

SECTION 5: PROPOSAL DEADLINE, FORMAT AND CONTENT
Deadline for submitting a proposal to the City of Tulare for the preparation of the five-year ConPlan and other aforementioned products is 5:00 p.m. Monday, September 23, 2024.

Proposals received after the deadline will not be considered. Proposals shall be furnished in accordance with the terms of this RFP and must be delivered via e-mail or standard mail. A copy of the RFP document is available on the City website at - https://www.tulare.ca.gov/government/departments/finance/bids-and-proposals.

City of Tulare
Community Development Department
Attention: Mario Anaya, Community Development Director

7.6 Consent Page 67
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
13 411 E. Kern Avenue
Tulare, CA 93274
559-684-4217
559-685-2339 (fax)
E-mail: [email protected]
All inquiries regarding this request should be directed to Housing and Grants Division staff via email at [email protected]. The City of Tulare reserves the right to obtain clarification on any point in the Consultant’s response or to obtain additional information necessary to properly evaluate a particular response. Applicants may withdraw their responses from consideration; this can be done by telephone or email request to Mr. Mario Anaya, prior to the submittal deadline. All materials received will become the property of the City of Tulare and retained or returned by the City, at its option.

Please provide one (1) copy of the proposal with all elements within a single .pdf document or ensure mailed items reach the appropriate address by the deadline. Those entities who propose to joint venture are asked to respond as a single entity with a designated lead entity and person who will be authorized to respond on behalf of the group. At a minimum, the proposal shall include the following information:
1) Qualifications: Provide a brief description of the qualifications of the Consultant with an emphasis on experience relative to this project. All proposed sub-consultants and their tasks on the project shall be identified.
2) Project Team: Describe the Project Team, including sub-consultants, if any, listing key team members and their responsibilities. Provide a team organizational chart. A contract with the City will require that key members of the project team shown in a proposal are required to commit time to the project and that the City of Tulare will have the right to accept or reject any replacements to said project team personnel. 3) Representative Projects: List and describe at least two (2) recent projects of similar scope and magnitude for which the Consultant provided professional services comparable to those required for this project. And for each representative project, identify the client, include a project description, the estimated cost, final fee for the Consultant’s services, date started, date completed, and contact reference person(s) with their phone and email. Examples above this requested are acceptable. 4) Resumes of Project Team: Provide a resume of each member of the project team, including sub-consultants. Each resume should identify education, skills, and experience of the team member relative to projects of similar nature and scope. 5) Work Plan Schedule: Provide a preliminary Work Plan schedule with “milestones” for this project. This schedule should account for all relevant public review periods.

7.6 Consent Page 68
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
14 6) Cost Proposal: Provide a clearly identified total and cumulative fee for completion of the ConPlan and other products as described in this Request for Proposals. An applicant shall prepare an itemized budget and narrative that describes each line item, its calculation and rationale. And, if necessary, include a “per meeting” cost for each type of meeting listed in Section 3.
7) Attachments: Provide any attachments that may explain a firm’s experience and readiness to provide the aforementioned services and/or justify the proposed approach, timeline, and/or fees for service.

SECTION 6: SELECTION PROCESS
Proposals will be evaluated on the following criteria:

1. Technical skills and qualifications of the designated project team relative to scope of services (15 points).

2. Direct and recent experience of the applicant in preparing and submitting ConPlans, related plans, and support documentation in general and/or for comparable federal CPD grantee jurisdictions (20 points).

3. Experience managing and executing projects that require coordination and input from local, state, and/or federal government staff and other community stakeholders (10 points).

4. Allocable and reasonable fee proposal with a complete line-item budget and narrative (20 points).

5. Reasonable and efficient project management schedule (10 points).

6. Performance and quality of products a part of similar projects as determined through work samples and references (15 points).

7. Timeliness, organization, and completeness of the response to this RFP (10 points).

A team of City staff from various departments will review and evaluate all timely and complete proposals using the criteria described above. The City will then enter into negotiations with a top ranked applicant to finalize a scope of work and a “not to exceed” cost for agreed upon services. If the City and top ranked applicant cannot reach an agreement regarding the scope of work and/or a “not to exceed” cost for services, the City reserves the right to terminate negotiations with said applicant and enter into negotiations with the entity with the next highest score, and so on. A notice of intent to award is not binding and an recipient of such must execute a contract with the City.

The City reserves the right to reject any or all proposals, to negotiate with entities submitting proposals, and to award a contract to an entity other than the highest rank applicant if it appears

7.6 Consent Page 69
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
15 that elements of the ConPlan and/or project development process are best addressed by a particular applicant over others.

SECTION 7: REQUIRED INSURANCE COVERAGES
For this project, a selected consultant shall be required to maintain, and shall require all of its sub-consultants to maintain, insurance as described below:
a) Commercial General Liability and Property Damage: The Consultant shall maintain insurance for protection against all claims arising from injury to person or persons not in the employ of the Consultant and against all claims resulting from damage to any property due to any act or omission of the Consultant, his agents, or employees in the operation of the work or the execution of this contract. Such insurance shall include products/completed operations liability, owner’s and Consultant’s protective, blanket contractual liability, personal injury liability, and broad form property damage coverage.

Policy is to be endorsed to include a waiver of subrogation against the City, its officers, officials, agents and employees.

The minimum shall be as follows:

Bodily Injury (Injury or Accidental Death); and
Property Damage $1,000,000 per occurrence, $2,000,000 in the general aggregate, and $1,000,000 products and completed operations. b) Commercial Automobile Public Liability and Property Damage: The Consultant shall maintain Automobile Public Liability and Property Damage Insurance for protection against all claims arising from the use of vehicles, owned, hired and non-owned, or any other vehicle in the prosecution of the work included in this contract. Such insurance shall cover the use of automobiles and trucks on and off the site of the project. Policy (ies) is to be endorsed to include a waiver of subrogation against the City, its officers, officials, agents and employees Policy (ies) is to be endorsed to include a waiver of subrogation against the City, its officers, officials, agents and employees. Policy is to be endorsed to include a waiver of subrogation against the City, its officers, officials, agents and employees. The minimum amounts of Automobile Public Liability and Property Damage Insurance shall be as follows:

Bodily Injury (Injury or Accidental Death); and
Property Damage (Per occurrence) $1,000,000 Combined Single Limit. c) Professional Liability (Errors and Omissions): The consultant shall maintain Professional Liability Insurance for protection against all claims arising out of professional error or omission with a limit of not less than $1,000,000 per claim and in the aggregate.

Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the work.
d) Workers’ Compensation Insurance: The Consultant shall maintain Workers’ Compensation Insurance with statutory limits and Employers Liability Insurance with limits of not less than $1,000,000 per accident. Such insurance shall comply with all applicable state laws. Consultant shall provide the City with a Certificate of Insurance showing proof of insurance acceptable to City. Certificates containing wording that

7.6 Consent Page 70
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
16 releases the insurance company from liability for non-notification of cancellation of the insurance policy are not acceptable. Policy (ies) is to be endorsed to include a waiver of subrogation against the City, its officers, officials, agents and employees. Consultant and its employees are independent Consultants and not employees of the City of Tulare.

Consultant and/or its insurers are responsible for payment of any liability arising out of Worker’s Compensation, unemployment or employee benefits offered to its employees.

The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.

Additional Insured. The General Liability and Auto Liability policy (ies) is to contain or be endorsed to name the City, its officers, appointed and elected officials, agents and employees as Additional Insured as respects the liability arising out of the activities performed in connection with this contract The coverage(s) shall (a) be endorsed as primary and non-contributory with respect to any insurance or self-insurance programs maintained by the City; (b) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; and (c) contain Standard Cross-liability provisions. Such additional insured endorsements maintained by the Consultant and its subcontractors shall not be required to provide coverage for City for the active negligence of City. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful bidder.

Indemnification. Consultant shall indemnify and save harmless the City, its officers, officials, agents and employees, from and against any and all claims, demands, suits, loss, damage, injury and liability, including cost and expenses incurred in connection therewith, resulting from, arising out of, or in any way connected with the performance of the contract, including delivery and unloading of supplies and equipment regardless of the passive, concurrent negligence on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification requirement is not intended to relieve the City from liability for the active negligence of the City, its officers, appointed and elected officials, agents and employees. This old harmless clause is in no way an admission of liability on the part of the City of Tulare or any of its agents or employees.

The successful bidder acknowledges that he has fully informed himself of the contents and meaning of this hold harmless agreement and has so executed it with full knowledge thereof and that the terms are contractual and not a mere recital. These requirements shall also apply to any subcontractor whose hazards are not covered by the Consultant’s insurance policies.

Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to, and approved by, the City. At the option of the City, either; the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officials, employees, agents and Consultants; or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City.

Separate endorsements are required, naming the City as additional insured, for liability insurance and providing a waiver of subrogation for Worker’s Compensation Insurance.

7.6 Consent Page 71
City of Tulare
Request for Proposals No. 25-811
Professional Services to Develop Consolidated Plan and Related Reports for U.S. Department of Housing and Urban Development
17 The successful bidder shall maintain the insurance for the life of the contract. Said insurance shall contain a provision that coverage afforded under the policies will not be canceled unless and until thirty (30) days prior written notice has been given to the City.

Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required at any time while working on the City’s project, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.

Original insurance certificates and endorsements are to be emailed or mailed to:

City of Tulare
Attn: Mario Anaya, Community Development Director
411 E. Kern Avenue
Tulare, CA 93274
[email protected]
The City of Tulare appreciates the interest of your professional planning firm in considering this Request for Proposal and Statement of Qualifications. Questions regarding the RFP should be directed to Housing and Grants Division staff via email at [email protected].

7.6 Consent Page 72
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion – EN0091 Elliott Tract Improvements Project

RECOMMENDED ACTION
Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0091 - Elliott Tract Improvements, a street and utility improvement project on Los Angeles Street and Santa Clara Street between Bardsley Avenue and Inyo Avenue; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

SUMMARY
This Capital Improvement Project EN0091 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Los Angeles St., Santa Clara St., Owens Ave., and Elm Ave., Bardsley Avenue and Inyo Avenue. The project brought substandard and deteriorated water, sewer, and surface water infrastructure up to current standards. This project was included in the approved 2019-2024 Capital Program budget.

On May 4, 2021, the City Council awarded a contract to Dawson-Mauldin, LLC. of Selma, CA in the amount of $4,136,815.00.

FISCAL IMPACT & FUNDING SOURCE(S)
The project was funded through a combination of Gas Tax, Measure R, Water, Sewer and Surface Water funds.

A summary of contract costs is as follows:

Approved Contract Amount: $ 4,136,815.00
Bid Item Quantity Adjustments & Reductions $ -30,543.50 (-0.738%) Contract Change Orders – Various: $ 46,858.44 (1.13%)
Total Construction Contract Cost: $ 4,153,129.94
Additional work consisted of changes made by the Streets, Water and Sewer Departments due to unforeseen and differing field conditions, replacement of additional damaged curb and gutter, aesthetic improvements to the ADA curb ramps, and other various bid item quantity adjustments.

Deducts were taken due to alternative materials that were used but not specified in the original contract. It was found to be in the best interest of the City to allow the use of alternative materials in place of the materials specified in the contract at a reduced cost to the City.

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

Item #: 7.7
Consent

7.7 Consent Page 1
EN0091-050-0601
022 – Gas tax (HUTA)
122 – Gas Tax (RMRA)
643 – Franchise Fee (Solid Waste)
610 – Water CIP (Bonds)
615 – Sewer Wastewater CIP

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Should Council deny the request to accept as complete the contract with DawsonMauldin LLC at this time will prevent the City from releasing payment of the retention amount owed $209,020.18 to the Contractor and prevent the City from filing a notice of completion with the County. Thus, postponing the start of the 1-year maintenance bond on the project.

Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by dely.

3. Table – The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld.

Postponement of notice of completion ties up the Contractors bonding capacity preventing them from bidding on alternate projects. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by dely.

ATTACHMENTS

1. Notice of Completion

2. Contractor warranty letter

3. Maintenance Bond
Reviewed/Approved:

7.7 Consent Page 2
RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

N O T I C E O F C O M P L E T I O N

NOTICE IS HEREBY GIVEN THAT:

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

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

3. On the 15th day of October, 2024, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

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

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

Elliott Tract Improvements Project, City Project No. EN0091.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on October 15, 2024.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

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

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

Executed on ________________________ , 2024 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

7.7 Consent Page 3

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7.7 Consent Page 6

7.7 Consent Page 7
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion – EN0092 Pratt-Mefford-Choice Tract Improvements Project

RECOMMENDED ACTION
Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0092 - Pratt-Mefford-Choice Tract Improvements, a street and utility improvement project on Pratt Street between Inyo Avenue and Bardsley Avenue; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

SUMMARY
This Capital Improvement Project EN0092 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Pratt Street between Inyo Avenue and Bardsley Avenue. The project brought substandard and deteriorated water, sewer, and surface water infrastructure up to current standards. This project was included in the approved 2019-2024 Capital Program budget.

On December 7, 2021, the City Council awarded a contract to Dawson-Mauldin, LLC. of Selma, CA in the amount of $6,782,277.60.

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

A summary of contract costs is as follows:

Approved Contract Amount: $ 6,782,289.60
Bid Item Quantity Adjustments & Reductions $ 177,510.70 (2.62%) Contract Change Orders – Various: $ 50,399.25 (.74%)
Total Construction Contract Cost: $ 7,010,199.55
Additional work consisted of changes made by the Streets, Water and Sewer Departments due to unforeseen and differing field conditions, replacement of additional damaged curb and gutter, aesthetic improvements to the ADA curb ramps, and other various bid item quantity adjustments.

Item #: 7.8
Consent

7.8 Consent Page 1
EN0092-050-0601
021 – Measure R
022 – Gas Tax
077 – CDBG
122 – RMRA
610 – Water CIP Fund
615 – Sewer/Wastewater CIP Fund
643 – Streets CIP Fund
647 – Strom Water CIP Fund

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Should Council deny the request to accept as complete the contract with DawsonMauldin LLC at this time will prevent the City from releasing payment of the retention amount owed $350,509.98 to the Contractor and prevent the City from filing a notice of completion with the County. Thus, postponing the start of the 1-year maintenance bond on the project.

Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by dely.

3. Table – The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld.

ATTACHMENTS

1. Notice of Completion

2. Contractor warranty letter

3. Maintenance bond
Reviewed/Approved:

7.8 Consent Page 2
RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

N O T I C E O F C O M P L E T I O N

NOTICE IS HEREBY GIVEN THAT:

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

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

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

Pratt-Mefford-Choice Tract Improvements Project, City Project No. EN0092.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on October 15, 2024.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

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

Executed on ________________________ , 2024 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

7.8 Consent Page 3
1071 E. Nebraska Avenue, Selma, California, 93662
Phone: (559) 896-0098 Fax: (559) 896-1572
October 2, 2024 SENT VIA EMAIL
Dylan Chimienti<[email protected]>
Dylan Chimienti
Project Manager on behalf of City of Tulare
411 E Kern Ave
Tulare CA 93274
(559)684-4267
PROJECT: Pratt Street/Mefford-Choice Tract Improvements Project Project# EN0092
RE: WARRANTY
We hereby Warranty and Guarantee all labor and materials furnished by our firm for the above referenced project for work as set forth in our contract agreement has been performed in accordance with the drawings, specifications, and contract documents. Such work is now, and shall remain, for at least one year, free from defects of material and workmanship.

We agree to repair or replace any work that may prove defective in its materials or workmanship within a period of one (1) year from the date of recordation of the Notice of Completion, ordinary wear and tear, improper use and acts of God excepted.

We agree to repair or replace to the satisfaction of the Owner any and all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing.

We agree to respond to first notice within 48 hours and to remedy the condition within seven (7) calendar days. If we fail to comply with the above mentioned conditions within seven (7) calendar days after being notified in writing, the City of Tulare may have defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. Any and all guarantees offered by manufacturers of equipment used or installed in the Project shall also be extended to the City of Tulare
Thank you,
Michael Mauldin
President

7.8 Consent Page 4

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7.8 Consent Page 7
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Cardiac Monitor/Defibrillators and Chest Compression Machines Purchase

RECOMMENDED ACTION
Approve the purchase of three LifePak15 cardiac monitor/defibrillators and four Lucas Automated Chest Compression Machines (ACCM) Systems in the amount of $295,991.33.

SUMMARY
The City of Tulare applied for a FEMA Assistance to Firefighter Grant (AFG) for three LifePak15 cardiac monitor/defibrillators and four Lucas ACCM Systems in the amount of $296,700. The City has appropriated $296,700 for this expenditure in FY 24/25 budget under the premise of a reimbursement from FEMA. FEMA has denied the grant application, and the City will not be receiving reimbursement for the purchase of this equipment.

These critical life savings devices are used daily to read heart rhythms and provide electrical shock as needed to help a patient’s heart get back into a sustainable life rhythm. Additionally, the Lucas ACCM systems will help provide a mechanical means to assist during cardiopulmonary resuscitation. These devices greatly assist the firefighting crews with an extra set of hands so that those responders can focus on other life saving interventions, which can increase survivability.

Staff is requesting to utilize the appropriations in the amount of $296,700 under 001-4230-5701 to execute the balance of this purchase.

FISCAL IMPACT & FUNDING SOURCES
Funds are appropriated and available in the above-mentioned expenditure accounts, but there will be no offsetting revenue from the FEMA grant to reimburse the City for this expenditure.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Stryker Quote
Reviewed/Approved:

Item #: 7.9
Consent

7.9 Consent Page 1
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Designating Intersections as All-Way Stop Intersections

RECOMMENDED ACTION
Adopt a resolution designating the intersections of Kern Avenue at L Street and Kern Avenue at N Street as all-way stop intersections and authorizing the installation of corresponding stop control.

SUMMARY
City CIP Project PK0033 – Zumwalt Park Renovation is nearing completion. City staff recently completed an inventory of public parking facilities in the vicinity of the park that are anticipated to be utilized by those attending regularly scheduled events at the Adventist Health Amphitheater at Zumwalt Park. Much of the available parking identified was located west of L Street, or east of N Street. When considering the increased pedestrian activity that will occur between these parking areas and Zumwalt Park, staff noted that a significant number of pedestrians are expected to pass through the Kern Avenue intersections of L Street and N Street in an eastbound and westbound direction. Currently, these intersections have stop control for eastbound and westbound traffic on Kern Avenue, but not for the northbound and southbound traffic that would conflict with these pedestrian movements. The increased conflict between pedestrian and vehicular movements, combined with the likelihood of nighttime conditions associated with the conclusion of events at the venue, prompted staff to review guidance contained in the California Manual of Uniform Traffic Control Devices regarding intersection stop control. The guidance provided therein recommended that engineering judgment should be used to establish intersection control, with consideration to be given to vehicular, bicycle, and pedestrian traffic volumes on all approaches and the controlling of traffic that conflicts the most with pedestrian crossing activity.

Based upon this guidance, and the anticipated change in pedestrian traffic patterns that will be generated by the Zumwalt Park renovations, staff is recommending that Council adopt a resolution designating the intersections of Kern Avenue at L Street and Kern Avenue at N Street as all-way stop intersections.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding is budgeted to cover the estimated $1,500 expense through the Street Department’s Maintenance Materials account.

LEGAL REVIEW
The City Attorney has reviewed the proposed resolution.

ALTERNATIVE ACTION

1. Approve with changes - Staff would revise the proposed resolution as needed to reflect Council direction.

Item #: 7.10
Consent

7.10 Consent Page 1

2. Deny - Existing stop control designations at the subject intersections would remain unchanged.

3. Table - Delay in adopting the proposed resolution would result in one or more special events taking place at Zumwalt Park under existing stop control conditions at the subject intersections.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

7.10 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

DESIGNATING THE INTERSECTIONS OF KERN AVENUE AT L STREET AND

KERN AVENUE AT N STREET AS ALL-WAY STOP INTERSECTIONS AND

AUTHORIZING THE INSTALLATION OF CORRESPONDING STOP CONTROL WHEREAS, City of Tulare CIP Project No. PK0033 is a capital improvement project to renovate Zumwalt Park, located along the north side of Kern Avenue between M Street and N Street, which will result in the construction of an amphitheater and outdoor concert venue capable of hosting events with an attendance of up to 5,000 persons with supplemental recreational and playground amenities; and WHEREAS, in conjunction with Project No. PK0033, City staff reviewed and identified available public parking facilities in the area surrounding Zumwalt Park to better understand the anticipated needs and impacts that will result from the additional vehicular and pedestrian activity generated by regularly occurring events that will be held at Zumwalt Park; and
WHEREAS, said review identified that a significant number of parking spaces expected to be utilized by Zumwalt Park special event attendees are located west of L Street, which will result in an increased amount of pedestrian activity both eastbound and westbound on Kern Avenue through its intersection with L Street; and WHEREAS, said review identified that a significant number of parking spaces expected to be utilized by Zumwalt Park special event attendees are located east of N Street, which will result in an increased amount of pedestrian activity both eastbound and westbound on Kern Avenue through its intersection with N Street; and WHEREAS, existing conditions at both the L Street and N Street intersections on Kern Avenue have stop control for eastbound and westbound traffic, but not for northbound and southbound traffic that will conflict with the pedestrian activity anticipated to be generated by Zumwalt Park activities; and
WHEREAS, the California Manual On Uniform Traffic Control Devices provides guidance stating that engineering judgment should be used to establish intersection control, with consideration to be given to vehicular, bicycle, and pedestrian traffic volumes on all approaches and the controlling of traffic that conflicts the most with pedestrian crossing activity; and
WHEREAS, the installation of all-way stop control at the Kern Avenue intersections of L Street and N Street would be consistent with guidance provided by the California Manual On Uniform Traffic Control Devices, and would be beneficial to traffic safety at the subject intersections; and
WHEREAS, the Chief of Police and City Engineer concur with the recommended installation of all-way stop control at the Kern Avenue intersections of L Street and N Street.

7.10 Consent Page 3
Resolution 2024-XX

Page 2 ends

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

Section 1. The intersection of Kern Avenue and L Street is hereby designated as an all-way stop controlled intersection with traffic on all legs of the intersection being required to stop.

Section 2. The intersection of Kern Avenue and N Street is hereby designated as an all-way stop controlled intersection with traffic on all legs of the intersection being required to stop.

Section 3. The Public Works Director of the City of Tulare, or their designee, is hereby authorized to install stop control at the aforementioned intersections.

PASSED, APPROVED, AND ADOPTED by the Council of the City of Tulare this 15th day of October 2024.

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

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

7.10 Consent Page 4
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Engineering Services / Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Rotary Club Flagpole Donation

RECOMMENDED ACTION
Accept a $10,000 donation from the Tulare Rotary Club to assist with the costs associated with the installation of flag poles as part of City Project PK0033 – Zumwalt Park Renovation.

SUMMARY
Tulare Rotary Club approached the City and offered a donation to help fund the two new flagpoles that will be installed at Zumwalt Park. The new flagpoles will be located along the east side of the amphitheater seating area and will face the crowd. They will stand thirty feet tall and be constructed of steel with a satin finish. The flagpoles will also feature embedded LED up lighting to showcase the flags in nighttime settings.

FISCAL IMPACT & FUNDING SOURCE(S)
The donations received from Tulare Rotary Club will be used to offset project construction costs, which include the installation of the flagpoles and LED up lighting fixtures.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Item #: 8.1
General Business

8.1 General Business Page 1
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Workers’ Compensation Carve Out Program

RECOMMENDED ACTION
Adopt a resolution approving the Labor Management Workers’ Compensation Alternative Dispute Resolution (ADR) Agreement between the City of Tulare (City) and the Tulare Professional Firefighters Association Non-Management and Management Group (TPFA).

SUMMARY
The City of Tulare, like most cities in California, follows the State of California workers’ compensation statutory requirements when an employee is injured while at work. Over the years, these requirements have become difficult to manage, extending the time for an employee to receive treatment for an injury and resolve medical disputes. This has created frustrations for the injured employee, the employees that are required to cover the injured employee’s responsibilities while he or she is off work, and management.

Under the California Labor Code, employers and recognized bargaining units may negotiate and enter into agreements to create an alternative dispute resolution (ADR) process for workers’ compensation matters. Dispute resolution processes contained in the negotiated agreement supersede the California workers’ compensation system processes for employees covered by the agreement.

The Workers’ Compensation ADR program allows the City and represented employees to work together to create a “carve-out” of the State’s system that provides employees with a fast-track system to resolve workers’ compensation cases and return an employee to work as efficiently as possible. This program sets up a Joint Labor Management Committee that works together to define a list of medical treatment providers, medical evaluators, a return-to-work program, mediation, and an agreed to list of vocational rehabilitation vendors.

City staff approached the bargaining groups with the idea of negotiating a Workers’ Compensation ADR Agreement. Both the City and members of the bargaining units were familiar with the existing workers’ compensation system provided by the State of California and believed an agreement that would be beneficial to all parties could be negotiated. The associations petitioned the State for permission to negotiate a Workers’ Compensation ADR Agreement and that permission was granted.

The Third-Party Administrator to the ADR Program will be Acclamation Insurance Management Services (AIMS) who is our current Workers’ Compensation administrator. With assistance from AIMS, and an attorney that usually represents employees in workers’ compensation matters, an agreement was negotiated that includes the following provisions:

Item #: 8.2
General Business

8.2 General Business Page 1
• All workers’ compensation claims filed by bargaining group members after the ADR Agreement is approved will be covered by the agreement. • Any claims filed by bargaining group members prior to the approval of the ADR agreement may petition to be included under the ADR agreement.
• A Joint Labor Management Committee (JLMC) will be created consisting of members of City staff and the bargaining groups to administer the program and review claims data to ensure that continuance of the program is in the best interests of the parties. • A list of preferred specialists for referral will be approved and maintained by the JLMC.

Additionally, the City’s third-party administrator will be given approving authority for any specialists not on the list approved by the JLMC.
• A list of Independent Medical Examiners (IME’s) will be approved and maintained by the JLMC. The IME’s will be utilized for resolution of medical disputes such as causation, permanent disability, apportionment and permanent work restrictions. The IME’s have entered into agreements with the risk management authority to provide for expedited appointments and expedited reporting timelines over the existing State processes. • A list of qualified mediators will be approved and maintained by the JLMC. The mediators will have the authority to approve settlement agreements. Mediation will be available to both legally represented and non-represented employees. • A list of nurse case managers will be approved and maintained by the JLMC to assist in facilitating medical treatment.

To determine the effectiveness of the program, the JLMC will annually review comparative data between pre and post ADR Agreement implementation claims, to include:
• Total number of claims reported by bargaining group members per fiscal year • Whether a Qualified Medical Examiner (QME)/Agreed Medical Examiner (AME) was utilized (pre implementation claims)
o Reason for the medical dispute
o Timeline from QME/AME panel request to appointment date o Timeline from appointment date to report received date o Report completeness/was a supplement required
o Permanent disability percentage by type of injury
• Whether an Independent Medical Examiner (IME) was utilized (post implementation claims)
o Reason for the medical dispute
o Timeline from dispute identification to appointment date o Timeline from appointment date to report received date o Report completeness/was a supplement required
o Permanent disability percentage by type of injury
• Percent of claims litigated pre/post implementation
• Length of time to Permanent & Stationary/Maximum Medical Improvement date from injury date (pre/post implementation)
• Length of time to final settlement approval from injury date (pre/post implementation) • Delayed claims (pre/post implementation)
o Reason for the delay
o Length of time accept/deny decision date from injury date o Claim resolution

8.2 General Business Page 2
The City of Tulare has had several meetings with TPFA. In order to participate in the ADR Program, the Bargaining Units must file a Petition for Permission to Negotiate a LaborManagement Agreement for Workers Compensation. This has already been filed with the Department of Labor. The TPFA Bargaining Unit is the only bargaining unit that has also ratified the Agreement with their members. The next step is for Council to approve the Agreement. It will then be forwarded to the Department of Labor and, once approved, the City of can begin the ADR Program.

FISCAL IMPACT & FUNDING SOURCE(S)
The intent of the Labor Management Workers’ Compensation ADR Agreement is to improve and expedite existing processes in the State workers’ compensation system to the extent feasible under the Labor Code. The proposed program is expected to reduce the City’s exposure to temporary disability payments, Labor Code 4850 salary replacement benefits, time spent in light/modified duty assignments, and legal costs.

At this time, staff believes this program will have a minimal fiscal impact to the City. This is because with the ADR program, an injured employee would be receiving the same treatment as he or she would have with the current state program, only more expeditiously. Any financial savings to the City would most likely be a result of reduced over-time and it is difficult to calculate what is attributed to the benefits of this program.

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

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. Memorandums of Understanding
Reviewed/Approved:

8.2 General Business Page 3
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
APPROVING WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION

AGREEMENT BETWEEN THE CITY OF TULARE AND TULARE PROFESSIONAL

FIREFIGHTER ASSOCIATION NON-MANAGEMENT AND MANAGEMENT GROUP WHEREAS, the City of Tulare and the Tulare Professional Firefighter Association Non-Management and Management Group (TPFA) employees desire to enter into an agreement that provides an alternate dispute resolution process for worker’s compensation claims pursuant to Labor Code §3201.7(a)(3)(c); and WHEREAS, City and the TPFA have met and conferred in good faith and negotiated an agreement that provides active employees and retirees claiming compensable injuries under Division 4 of the California Labor Code with an expedited procedure to resolve disputes in accordance with the provisions of the agreement and to facilitate those employees’ prompt recovery and return to work; and WHEREAS, Workers’ Compensation Alternative Dispute Resolution Agreements have been prepared, and such Agreements are acceptable to all parties.

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

Section 1. The Workers’ Compensation Alternative Dispute Resolution Agreement between the City of Tulare and the TPFA is hereby approved.

Section 2. The City Manager is authorized to execute the Agreement on behalf of the City of Tulare.

Section 3. This resolution is effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the Council of the City of Tulare this 15th day of October 2024.

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

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

8.2 General Business Page 4
LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE

DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF TULARE AND THE TULARE FIREFIGHTER’S ASSOCIATION
THIS LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT (Agreement) is entered into by and between the City of Tulare (City) and the Tulare Firefighter’s Association (FFA).

This Agreement is created pursuant to California Labor Code §3201.7(a)(3)(c).

Nothing in this agreement diminishes the entitlement of a Covered Individual as defined in Article III of this Agreement to compensation payments for total or partial permanent disability, total or partial temporary disability, Labor Code §4850 benefits, or medical treatment fully paid by the employer and otherwise provided for in Division 4 of the Labor Code. Nothing in this agreement denies to any covered employee the right to representation by counsel at all stages during this alternative and expedited resolution process.

The City and FFA negotiated this agreement by forming a partnership known as the Joint Labor Management Committee (JLMC); this committee is comprised of two (2) City staff members to be determined and designated in writing to the FFA by the City Administrator and two (2) FFA representatives to be determined and designated in writing to the City by the FFA President.

The purpose of the JLMC is to develop and maintain the exclusive list of initial treatment providers, the exclusive list of Independent Medical Examiners, the list of mediators and the list of nurse case managers; develop policy and procedures of the Alternative Dispute Resolution program; to review implementation and the progress of the program and address any issues at time frames agreed to by the committee; and to ensure that the program terms and conditions are administered in harmony with this Agreement. Additionally, the JLMC shall annually review claims data for claims administered prior to the implementation of this Agreement with claims data for claims administered under the provisions of this Agreement to ensure continuation of the program is in the best interests of all parties.

8.2 General Business Page 5
Article 1: Purpose
The purposes of this Agreement are:

1.1 To provide active employees and retirees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve disputes in accordance with the provision of this Agreement and to facilitate those employees’ prompt recovery and return to work;

1.2 To reduce the number and severity of disputes between the City and covered employee, when those disputes relate to workers’ compensation;

1.3 To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs for the City;

1.4 To provide the City and covered employees with access to nurse case managers to assist with disputes and conflict arising from medical disputes relating to workers’ compensation; and

1.5 To provide the City and covered employees with access to mediators so that legal disputes can be resolved informally and more expeditiously.

1.6 These purposes will be achieved by:

1.6.1 Utilizing an exclusive list of medical providers to be the sole and exclusive source of initial treatment for covered employees, except for covered employees who have pre-designated a physician in accordance with Labor Code §4600 (d)(1);

1.6.2 Utilizing an exclusive list of medical providers to be the sole and exclusive source of medical-legal evaluations for disputed issues surrounding covered employees in accordance with Labor Code §3201.7(c); and

8.2 General Business Page 6

1.6.3 Maintaining a list of nurse case managers and mediators to assist in carrying out the purposes and goals of this Agreement.

Now, therefore, in consideration of the mutual terms, covenants, and conditions herein, the parties agree as follows:

Article 2: Term of Agreement
The City and FFA enter into this Agreement with the understanding that the law authorizing this Agreement is new and evolving. The parties further understand that this Agreement shall become effective after it is executed by the parties, approved as applicable by the City’s self-insurance pool and/or excess carriers, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Code of Regulations §10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for one year from the date of the Administrative Director’s letter of acceptance to the parties. Thereafter, it shall continue and remain in force from year to year unless terminated as provided for below. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved.

The parties reserve the right to terminate this Agreement at any time, by mutual agreement only or by act of the Legislature. Both parties must give sixty (60) calendar days written notice to the other party of the intent to terminate. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the applicable Labor Code provisions to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein.

8.2 General Business Page 7
Article 3: Scope of Agreement

3.1 This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claimed by the following referred to herein as “Covered Individuals:” 1) active employees, 2) retirees, and 3) active employees and retirees where a petition to reopen a pre-existing claim to seek new and further disability or to reduce a prior award is filed after the effective date of this agreement. Active employees and retirees with an existing claim filed prior to the effective date of this agreement (pre-existing claim) that have not already had a medical-legal evaluation under the State’s AME/QME system may request to resolve their claim under the provisions of this agreement.

Such requests should be made in writing to the City’s third-party claims administrator (TPA). If the JLMC mutually agrees to accept a pre-existing claim into the alternative dispute resolution (ADR) program, it will be approved so long as there been no formal medical evaluations obtained in the case. All future disputes on said claim must be resolved according to the provisions of this ADR agreement. The scope of this agreement does not apply to retirees that have a future medical dispute that is outside the five-year statute of limitations or Labor Code Section §5804.

3.2 Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement.

3.3 This Agreement is restricted to 1) establishing the use of an exclusive list of initial treatment providers to be used for initial evaluation and treatment of Covered Individuals, 2) establishing the use of an exclusive list of medical providers to be used for medical and medical-legal dispute resolution of Covered Individuals, 3) establishing mediation as an option to litigation and the use of an exclusive list of mediators to be used for legal dispute resolution of Covered Individuals, and 4) establishing a process for informal legal discovery in accordance with Article 8, and 5) establishing the use of an exclusive list of nurse case managers to be used

8.2 General Business Page 8
to assist with medical treatment dispute resolution of covered employees in accordance with Labor Code §3201.7(c).

3.4 For purposes of this Agreement a “claimed injury” is one for which either 1) the Covered Individual has reported an injury to the City or 2) an Application for Adjudication of Claim has been filed with the Workers’ Compensation Appeals Board (“WCAB”).

Article 4. Initial Injury/Illness Treatment

4.1 Upon initial knowledge of a work-related injury or illness, a Covered Individual will continue to follow established City processes and procedures for reporting the injury/illness. The Covered Individual will seek treatment in accordance with the First Care/Specialty Panel unless the Covered Individual has pre-designated a physician in accordance with Labor Code §4600(d)(1).

4.2 The JLMC may create a list of approved initial treatment facilities and physicians to the First Care/Specialty Panel in addition to existing facilities. Any such list will be approved by agreement of the members of the JLMC.

4.3 The JLMC will create and maintain a list of specialists for patient referral in common specialties, to include but not be limited to, orthopedics (specific to arms, shoulders, knees, back, spine/neck, and hand), cardiology, psychology, chiropractic care, acupuncture, physical therapy and functional capacity.

If the primary treating physician requests referral to a specialist and the request is approved, the City’s TPA will provide the approved list of specialists to the referring doctor. The referring doctor may decide which specialist to refer to in consultation with the Covered Individual. If the primary treating physician desires to refer to a specialist not on the approved list for the given specialty, such request must be approved by the City’s TPA. If the Covered Individual requires referral within a specialty not on the list created by the JLMC, the City’s TPA must approve the specialist recommended by the treating physician. Appointments with

8.2 General Business Page 9
specialists and notification of such appointments will continue to be made by the treating physician’s office.

4.4 This Agreement does not constitute a Medical Provider Network (“MPN”).

Physicians who act as a Covered Individual’s treating physician, or have provided treatment to the Covered Individual, shall not act as the Independent Medical Examiner (IME) in the Covered Individual’s claim should an IME be required pursuant to Article 5.

Article 5. Expedited Medical-Legal Process

5.1 Physicians who serve in the capacity as Independent Medical Examiner (“IME”) pursuant to this Agreement will receive enhanced compensation in excess of the Official Medical Fee Schedule for services performed as outlined in the physician contract in exchange for expedited examinations and report preparation.

5.2 This Agreement does not constitute a Medical Provider Network (“MPN”).

Physicians who act as a Covered Individual’s treating physician or have provided treatment to the Covered Individual shall not act as the Independent Medical Examiner (IME) in the Covered Individual’s claim. Pre-designation of a physician must comply with the requirements set forth in Labor Code section 4600(d) (1).

5.3 All Covered Individual’s with a disputed medical issue as described in Section 5.5 must be evaluated by an approved physician from the exclusive list of IME’s. Should the Covered Individual claim injuries requiring more than one medical specialist, the Covered Individual shall be provided an IME appointment in each area of specialty.

The JLMC will determine and maintain the exclusive list of IME’s agreed upon by the parties. If the IME requires the opinion of an additional sub-specialist, the IME shall refer the Covered Individual to a physician of the IME’s choice, who need not be on the IME list. The consulting specialist charges are subject to the Official Medical Fee Schedule (OMFS). The IME may not refer the Covered Individual to his/her treating physician for this purpose nor may the Covered

8.2 General Business Page 10
Individual designate the specialist as his/her treating physician following the referral.

5.4 The exclusive list of IME’s shall include the specialties as agreed upon by the JLMC.

5.5 An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, temporary and/or permanent work restrictions, ability to return to work (including modified duty), current and future medical care, and resolution of all disputes arising from utilization review, pursuant to Labor Code section 4062(b).

The parties agree that the Covered Individual shall use the originally chosen IME for all subsequent disputes and injuries claimed arising under this agreement.

In the event that said IME is no longer available, the parties shall utilize the next specialist on the list pursuant to Section 5.10.4, as set forth herein.

5.6 The IME process described above will be triggered when either party provides the other written notice of an objection in connection with any issues set forth in Article V paragraph E above or other mutually agreed areas of dispute from which the JLMC determines the IME would be the appropriate resolution process.

Objections from the City shall be sent to the Covered Individual with a copy to the Covered Individual’s legal representative if represented.

Objections from the Covered Individual or Covered Individual’s legal representative shall be sent to the Covered Individual’s assigned claims examiner with a copy to the City’s Third-Party Administrator (TPA) and City’s legal representative, if applicable.

5.7 Objections must be presented in writing or via telephone to the TPA and shall be sent within thirty (30) calendar days of receipt of a medical report or a utilization review decision addressing any of the issues set forth above. A letter

8.2 General Business Page 11
delaying acceptance of the claim automatically creates a dispute; further, all denials and/or delays of benefits including a denial of the claim automatically creates a dispute. Delayed decisions based on legal issues shall not trigger the IME process. A subsequent acceptance of the claim and/or resolution of the disputed issue may eliminate the need for completion of the dispute resolution process set forth in this Agreement.

5.8 The exclusive list of IME’s shall serve as the exclusive source of medicallegal evaluations for all disputed medical issues arising from a claimed injury, unless otherwise agreed to by the JLMC in writing.

5.9 The parties hereby agree that from time to time the exclusive list of IME’s may be amended. For either party to propose adding an IME to the exclusive list of medical providers, the party must provide written notice to the JLMC of its request to add a physician to the list. The JLMC must unanimously agree in writing to the addition of physicians to the IME list. A physician may be deleted from the exclusive list of medical providers only if he/she breaches the terms and conditions of his/her contract to provide services or by written mutual agreement of the members of the JLMC. The list shall be reviewed quarterly by the JLMC from the execution date of the Agreement and quarterly thereafter for additions and deletions of newly selected or deleted IME’s. Any IME proposed for consideration of addition or deletion after the review period will be reviewed at the next interval review period of the JLMC unless there is a breach of the terms and conditions of the Agreement or by mutual agreement of the JLMC.

5.10 Appointments.

5.10.1 The City’s TPA shall schedule appointment(s) with the IME and provide notice of the appointment within ten (10) calendar days of the date of receipt of the objection issued by any party subject to the terms and provisions of this Agreement. The notice of the appointment location, date and time shall be sent to the Covered Individual and to his/her legal representative, if there is one. A copy of the notice shall also be provided to the City.

8.2 General Business Page 12

5.10.2 The Covered Individual shall be responsible for providing the City’s TPA with his/her work schedule prior to an appointment being made so that appointments can be made, if possible, during a Covered Individual’s non-working hours. If the Covered Individual is the objecting party requesting an IME appointment, the initial written objection shall contain the employee’s work schedule information as well as any known dates within the 30-day scheduling window when the Covered Individual is unavailable to attend an IME appointment.

If the City is the objecting party, the Covered Individual must advise the City’s TPA of any known dates within the 30-day scheduling window when the Covered Individual is unavailable to attend an IME appointment within seven (7) calendar days of the date of the objection notice. This seven (7) day period shall toll the ten (10) day notice of appointment provision in Section 5.10.1. It is the Covered Individual’s responsibility to identify and present his/her availability for appointments within the scheduling window. Once an appointment is set, any requests to change scheduling must be made in writing to the JLMC with the reason for the request clearly presented. Re-scheduling will only be approved in the case of unforeseen emergencies.

5.10.3 Compensation for attending medical appointments under this Agreement shall be consistent with California statutes and City policy.

5.10.4 Mileage reimbursement to covered employees shall be in accordance with Labor Code § 4600(e)(2) unless transportation is provided by the City.

5.10.5 For purposes of appointments, the City’s TPA shall select the IME(s) by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the City’s TPA will resume using the first name on the list.

8.2 General Business Page 13

5.10.6 The IME shall submit the medical reports thirty-(30) days following examination of the employee, pursuant to the contract terms, unless a longer period of time is agreed to by the JLMC.

5.11 The City is not liable for the cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations shall not be obtained outside of this Agreement for disputes covered by this agreement, notwithstanding Labor Code §4605.

5.12 Both parties shall be bound by the opinions and recommendations of the IME selected in accordance with the terms of this Agreement, subject to legal challenges brought by the parties.

5.13 Either party who receives records prepared or maintained by the treating physician(s) or records, either medical or nonmedical that are relevant to the determination of the medical issue shall serve those records on the other party immediately upon receipt. The Covered Individual shall not unduly delay providing authorization to obtain pertinent medical records related to the claimed injury. If one party objects to the provision of any nonmedical records to the IME, the party shall object within twenty (20) calendar days of the service of records. Objection to the provision of nonmedical records may result in the denial of the claim on the basis that the IME did not have complete and accurate information. There shall be no objection to the provision of medical records to the IME, subject to the provisions of the Labor Code.

5.14 The City’s TPA shall provide to the IME records prepared or maintained by the Covered Individual’s treating physician(s) and medical and nonmedical records relevant to the determination of the medical issue(s). The City’s TPA shall prepare a list of all documents provided to the IME and shall serve a copy of the list on the Covered Individual and on his/her representative, if applicable, at the time the records are provided to the IME.

8.2 General Business Page 14

5.15 All communications with the IME shall be in writing and shall be served on the opposing party. This provision does not apply to oral or written communications by the Covered Individual or, if the Covered Individual is deceased, the Covered Individual’s dependent, in the course of the examination or at the request of the evaluator in connection with the examination, or to administrative communications with the IME’s staff.

5.16 Ex parte communication with the IME is prohibited. If a party communicates with the IME in violation of Section(s) 5.15 and/or 5.16, the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from the next IME chosen from the list pursuant to Section 5.10.5. If a new examination is required, the party making the communication prohibited herein may be liable for the cost, pursuant to Labor Code §5811, or as ordered by the WCAB.

5.17 If either party disputes a medical or medical-legal finding of the IME, they shall notify the other party of this dispute by way of written objection within thirty- (30) calendar days of actual receipt of the IME’s report. All disputes of this nature shall be resolved either by way of supplemental interrogatory and report or by way of deposition.

Article 6. Mediation

6.1 Any party subject to the provisions of this Agreement may request mediation in accordance with the provisions set forth herein. Mediation is an informal, confidential process in which a neutral party assists the other parties in understanding their own interests, the interests of the other party, and the practical and legal realities each party faces. The role of the mediator is to help the parties explore options and arrive at a mutually acceptable resolution of the dispute, if possible. The mediator will have authority to approve all settlements, awards, and orders achieved through mediation and may additionally approve non-disputed settlements reached by the parties. Such settlements, awards, and orders approved by the Mediator will be filed and recorded with the WCAB by the City’s TPA, unless otherwise agreed by the parties.

8.2 General Business Page 15

6.2 Mediation is voluntary and both parties must agree to mediate a particular issue or matter in order for mediation to be successful. Mediation is strongly encouraged by all parties to this Agreement and is the preferred first step to resolving disputes or reaching settlement of claims.

6.3 The mediation process shall be triggered when one party gives the other written notice of their desire to engage in mediation in connection process shall including, but not limited to, any purely factual or legal defense involving a determination of causation, applicability of a presumption, whether a medical report constitutes substantial evidence, disputes involving average weekly wage or the rate of pay for Labor Code §4850 benefits, temporary disability benefits, whether an apportionment opinion is valid, disputes over a permanent disability rating, disputes over occupational group numbers, credits for claimed overpayment of benefits, determination of dependency status in death claims, penalties, issues involving alleged serious and willful misconduct, issues involving potential violations of Labor Code§132a, discovery disputes, and questions involving jurisdiction.

6.4 It is the specific intent and desire of the parties that the mediation process set forth herein be flexible and is designed as a means to resolve factual and/or legal disputes that are not amenable to resolution through the expedited medicallegal process. The potential issues listed in Section 6.3 is not meant to be all inclusive but is merely a listing of issues likely to be the most common particularly suited for mediation. Upon mutual agreement of the parties, any issue typically encountered in the California workers’ compensation system can be deemed appropriate for mediation in accordance with the provisions of this Agreement.

6.5 Upon receipt of an official request to mediate, the non-requesting party shall have a period not to exceed fifteen (15) calendar days within which to either accept or reject the request to mediate. If no response is received within the fifteen (15) calendar day period, the request shall be deemed to have been rejected. Any response to a request to mediate from the City shall be sent to the Covered

8.2 General Business Page 16
Individual with a copy to the Covered Individual’s legal representative, if applicable.

Any response to a request to mediate from the Covered Individual’s legal representative shall be sent to the Covered Individual’s assigned claims examiner with a copy to the City and City’s legal representative, if applicable. If no response is received from either party, the requesting party is encouraged to make a verbal attempt to verify receipt of the request to mediate and confirm the other party’s intent not to participate. Additionally, if the mediation request originates from the City and no response is provided, the City’s TPA may assign a mediator from the list in accordance with paragraph G of this section to contact the other party to determine the reasons they feel mediation is not appropriate for the particular dispute and discuss the reasons mediation may be applicable and helpful for resolution of the particular dispute.

6.6 If both parties agree to mediate an issue or issues, within fifteen (15) calendar days of such agreement being reached, mediation of said issues will be assigned to a mediator from the approved mediator list. The JLMC will determine and maintain the exclusive list of mediators.

6.7 For purposes of selecting a mediator, the City’s TPA shall select the mediator by starting with the first name from the mediator list and continuing down the list, in order, until the list is exhausted, at which time the City’s TPA shall resume using the first name on the list. The City’s TPA shall notify all parties of the selection and assignment of a mediator within ten (10) calendar days of such assignment having been made.

6.8 All costs associated with the mediation shall be paid by the City.

6.9 Immediately upon selection of a mediator, the selected mediator shall be notified by the City’s TPA of his/her selection. The selected mediator shall then schedule the date, time, and location of the mediation with the parties.

6.10 The mediation must take place within forty-five (45) calendar days of notification having been sent to the mediator of his/her selection, unless both

8.2 General Business Page 17
parties waive this time limit. If the selected mediator is either unable or unwilling to schedule the mediation within this forty-five (45) calendar day period, and both parties do not waive the time limit, a new mediator shall be selected from the mediator list from the next mediator available on the list, pursuant to the provisions of Section 6.7.

6.11 The procedure, process, format, general nature of the mediation, the issues to be mediated, and the manner in which the mediation shall be conducted will be within the sole discretion of the mediator.

6.12 Mediation briefs shall not be mandatory but are strongly recommended and shall be a useful tool to assure that the mediator fully understands the issues involved and each party’s respective positions in regard to each issue. Mediation briefs should be submitted to the mediator no later than ten (10) calendar days prior to the mediation, unless otherwise directed by the mediator. No specific format for a mediation brief is required. Mediation briefs may be formatted and submitted as either a formal pleading or in an informal letter brief format.

6.13 A summary of the mediation shall be prepared by the mediator setting forth the specific issues presented for the mediation, a general description of how the mediation was conducted, and the length of time of the mediation. Additionally, the mediator will complete a disposition form to be provided by the City’s TPA. Copies of the mediation summary and disposition form shall be served upon the Covered Individual, the Covered Individual’s legal representative, if applicable, the Covered Individual’s assigned claims examiner, the City’s TPA, and the City’s legal representative, if applicable. It is the responsibility of the City’s TPA to provide the appropriate contact information to the mediator upon assignment of the case.

6.14 If the mediation is unsuccessful at resolving the dispute, either party may seek to have the issue or issues adjudicated by the WCAB by filing a Declaration of Readiness to Proceed, in accordance with the rules and regulations governing WCAB hearings, as set forth in the Labor Code and the California Code of Regulations.

8.2 General Business Page 18

6.15 Although the mediation process is completely voluntary, it is expected that if the parties mutually agree to mediate an issue or issues, both parties shall abstain from filing a Declaration of Readiness to Proceed with respect to said issue or issues with the WCAB until completion of the mediation process, as set forth above.

Article 7: Nurse Case Management

7.1 Any party subject to the provisions of this Agreement may request the involvement of a nurse case manager in accordance with the provisions set forth herein.

7.2 The purpose of nurse case management includes, but is not limited to, coordinating and facilitating medical care for Covered Individuals, to be proactive with respect to intervention and facilitation of recovery of the Covered Individual, to assist and guide the covered employee through the medical treatment process and, if practical, assist with resolution of treatment disputes between the primary treating physician, secondary treating physicians and utilization review. The nurse case manager shall not attend the actual medical examination of the Covered Individual without consent of the individual.

7.3 A nurse case manager shall be assigned from the approved nurse case manager list. The nurse case manager (NCM) list shall be developed and maintained by the JLMC. Once the nurse case manager has been requested, the NCM will automatically be assigned to the case.

7.4 For purposes of selecting a nurse case manager, the City’s TPA shall provide the Covered Individual with the nurse case manager list within ten (10) calendar days of receipt of the request for a nurse case manager. The Covered Individual may select any nurse from the list. The Covered Individual must advise the City’s TPA of his/her nurse selection within ten (10) calendar days of the distribution of the list. If the Covered Individual fails to respond, the City’s TPA will attempt to make telephone contact with the Covered Individual to verify that he/she

8.2 General Business Page 19
is declining to choose a nurse case manager from the list. If no response is received or the Covered Individual affirms that he/she is declining to make a choice, the City’s TPA may assign the nurse case manager of its choosing. The City’s TPA shall notify all parties in writing, including the selected nurse case manager, of the selection and assignment of the nurse case manager within ten (10) calendar days of such assignment having been made.

7.5 If the selected nurse case manager is either unable or unwilling to serve as the designated nurse case manager, a new nurse case manager shall be selected from the nurse case manager list pursuant to Section 7.4.

7.6 Nurse case management reports shall be prepared as per the usual custom and practice of the designated nurse case manager and provided to the City’s TPA.

7.7 All costs involved in nurse case management for a Covered Individual shall be borne by the City.

Article 8: Discovery

8.1 Covered Individual shall provide the City’s TPA with fully executed medical, employment and concurrent employment releases, disclosure statement and any other documents and information reasonably necessary for the City to resolve the Covered Individual’s claim, when requested. If the Covered Individual fails to return the release and it is determined that the medical information is not sufficient for the IME to provide a comprehensive evaluation, the parties shall meet to resolve the issue(s) prior to setting an evaluation, and if necessary, may elect to mediate the issue. This Article does not supplant or diminish the parties’ rights to pursue or contest discovery issues pursuant to the remedies provided in the Labor Code, through mediation or the WCAB.

8.2 This Agreement does not preclude a formal deposition of a Covered Individual or an IME when necessary. Attorney’s fees for depositions of Covered Individuals shall be paid consistent with the provisions of the Labor Code. There shall be no attorney’s fees for depositions of physicians or IMEs.

8.2 General Business Page 20
Article 9: Independent Disability Evaluation Rating

9.1 This agreement does not preclude any party from utilizing the Disability Evaluation Unit (DEU) at the WCAB to assess ratings for permanent disability.

Given the fact there may be delays at the DEU, the parties have added the additional provision under the ADR Agreement for Independent Disability Evaluation (IDE) ratings by a private panel that will be agreed and reviewed by the JLMC.

9.2 Either party may trigger the process to obtain a IDE rating from the panel of raters. The JLMC will develop an agreed form to be submitted to the IDE raters along with the medical reports to be rated.

9.3 The IDE raters will have 10 days from the submission of the rating request and all medical reports to issue the recommended rating of permanent disability. The rating maybe used for the purposes of settlement and further verification of the permanent disability when the member is unrepresented.

9.4 Nothing in this section will preclude a party or the Court from seeking a rating through the DEU.

Article 10: General Provisions

10.1 This Agreement constitutes the entire understanding of the parties and supersedes all other agreements, oral or written, with respect to the subject matter in this Agreement.

10.2 This Agreement shall be governed and construed pursuant to the laws of the State of California.

10.3 This Agreement shall not be amended, nor any provisions waived, except through the meet and confer process with approval by the FFA and City Council of the City.

8.2 General Business Page 21

10.4 If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect.

10.5 This Agreement may be executed in counterparts.

10.6 Notice required under this Agreement shall be provided to the parties as follows:
• Tulare Firefighter’s Association
• City of Tulare

10.7 Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

10.8 Execution. This Agreement is effective upon execution. It is the product of negotiation, and all Parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed, the day and year first above written.

City of Tulare Firefighter’s
Association
By:

APPROVED AS TO FORM:

City Attorney
By:

Dated:

City Manager
By:

8.2 General Business Page 22
Staff Report
Meeting: City Council
Date: October 15, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Tiffany Connelley, Administrative Assistant Agenda Title: Pilot Program for the Community Toolshed & Bye Bye Mattress

RECOMMENDED ACTION
Approve a 1-year pilot program for the Community Tool Shed and Bye Bye Mattress, to be run and operated by the Community Maintenance team of the Office of Safety, Compliance and Facilities.

SUMMARY
The Community Tool Shed is a program that was created by the Code Enforcement team in San Antonio, Texas, providing a collection of hand and gas/battery powered tools at no cost to the residents of San Antonio to clean and improve their properties. The Office of Safety, Compliance and Facilities would like to mimic their program, offering the same types of battery powered tools at no cost to the citizens of Tulare. From July of 2023 to September of 2024, Code Enforcement had 255 cases for overgrown/unmaintained trees, shrubs, lawns, or other landscaping. Providing yard tools at no cost to citizens could assist in lessening the number of these cases for Code Enforcement.

Additionally, the Office of Safety, Compliance and Facilities would like to enter into a 1-year agreement with the Mattress Recycling Council (MRC) for Bye Bye Mattress. Bye Bye Mattress is a program that offers the citizens of Tulare a place to drop off their used mattresses, boxed springs, and futons at no cost to them, providing a remedy to the many illegally dumped mattresses throughout Tulare. In return, the City of Tulare would receive payment of up to $15 per unit collected from the MRC. Currently, the Community Maintenance team with the Office of Safety, Compliance and Facilities picks up approximately 40 illegally dumped mattresses/boxed springs per month on average and must transport these items to the landfill in Visalia, as it is the only local landfill that accepts mattresses and boxed springs. This calculates out to roughly 10- 15 hours/ month in manhours for 2 employees, taking them away from other important tasks and responsibilities.

FISCAL IMPACT & FUNDING SOURCES
It is the intent of the Office of Safety, Compliance and Facilities to apply for a grant from Walmart that would provide funding for the Community Tool Shed. Should the City not be awarded the grant, $5,000 for the first year would be the fiscal impact, providing enough funds to purchase at least 3 of each tool needed, which would come from the Office of Safety, Compliance and Facilities budget.

The Mattress Recycling Council (MRC) offers up to $10,000 per year of grant type funding for necessary equipment and infrastructure improvements to increase the recycling of discarded mattresses and box springs. There would be no fiscal impact for the Bye Bye Mattress program.

Item #: 8.3
General Business

8.3 General Business Page 1

LEGAL REVIEW
The city attorney has reviewed and approved both programs.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Not approving the pilot program for the Community Tool Shed and Bye Bye Mattress deprives the community of free resources needed to address the issues of unmaintained/overgrown properties and a more local place to discard of their used mattresses, boxed springs, and futons.

Providing these resources would alleviate stress on the citizens who may not have the financial means to acquire needed equipment to maintain their properties and/or have the ability to transport their used mattresses, boxed springs, and futons to the landfill in Visalia.

Without these resources the city will continue to see a high number of cases in overgrown/unmaintained properties and a high number of cases in illegal dumping of mattresses, boxed springs, and futons.

ATTACHMENTS

1. Tool Shed Request and Release Form (already approved by the City Attorney)

2. MRC Guidelines

3. MRC-202-CA-IDMCI-Info-Sheet-1

4. MRC Draft Agreement (already approved by the City Attorney) Reviewed/Approved:

8.3 General Business Page 2
Rev09102024
Community Tool Shed

TOOL REQUEST FORM
A Tool Request Form must be submitted each time an item is borrowed. Please note that lead time on loan requests is subject to availability and demand. To avoid scheduling issues, please await a reply to assure the equipment you need is available for your project.

1. Borrower Information
Enter contact information for the person who will be responsible for the tools.

BORROWER FULL NAME BORROWER COMPANY/ORGANIZATION

BORROWER ADDRESS BORROWER CITY STATE ZIP CODE

BORROWER PHONE NUMBER BORROWER MOBILE PHONE NUMBER

BORROWER EMAIL BORROWER DRIVERS LICENSE NUMBER/STATE

2. Project Information (Where will the tools be used?)

PROJECT ADDRESS CITY STATE ZIP CODE

3. Requested Tools
Tools will be loaned based on availability and if use is within guidelines. All items must be returned within 72 hours of checkout.

Equipment Qty Equipment Qty Equipment Qty
Lawnmower Spade Shovel Wheelbarrow
Weed Eater Garden Shovel Push Broom
Hedge Trimmer Metal Rake Batteries
Leaf Blower Leaf Rake Battery Charger
Pruning Shears Garden Hoe Weed Eater String
Loppers Pole Pruner (manual)

4. Important Terms and Conditions of Agreement, please read:
• You must be a resident, community group or business in the City of Tulare to participate in the Community Tool Shed.
• You must provide proof of residency by showing the most recent water bill along with your ID (your ID must

DATE OF EVENT

8.3 General Business Page 3
Rev09102024
match the name on the water bill).
• For community cleanup events, you will need to send and email request providing the location, date of the event, and project details.
• You must read and agree with Tool Shed Guidelines.
• You must read and agree with the proper use of tools and equipment requirement. • You must sign the agreement including Release and Indemnification before tools can be loaned.

5. Tool Shed Guidelines
• Borrower may pick-up tools Monday through Friday by appointment. • Borrower must return tools within 72 hours of checkout (some exceptions may apply). • Borrower must clean tools and return them to the Tool Shed in the condition in which they were borrowed. Equipment/tools returned in an unclean or broken condition may result in the user not being allowed to borrow tools/equipment in the future.
• Borrower is responsible for any injury to self or damage to his/her property or the property of others occurring from the use of the Community Tool Shed equipment/tools. • Borrower is responsible for the use of tools by others/third party. • Borrowershall ensure power tools are only used by individuals 18 years of age or older. • Tools that require a battery will be loaned with 2 batteries and a charger.

RELEASE OF LIABILITY
Borrower agrees to and EXPRESSLY RELEASES, WAIVES AND ABANDONS any and all CLAIMS OF NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT LIABILITY against the City, its employees, agents or assigns for liability and responsibility which the City may have or may incur, whether by the use of the equipment by the borrower or by a third party, by its condition or care, or by or for any other means. Borrower agrees that City, its agents and employees, shall not be liable or responsible for, and shall be SAVED, HELD HARMLESS, RELEASED and INDEMNIFIED by Borrower and RELEASES AND FOREGOES any and all claims that Borrower may have, now or later, against the City, its employees, agents or assigns from the use of the use of the equipment by the Borrower or by a third party, by its condition or care, or by or for any other means . Borrower expressly accepts and adopts all responsibility and liability for the equipment in all ways: its condition, how it is used, how it is stored, etc. Additionally, Borrower expressly accepts and adopts all responsibility and liability for the use or misuse of this equipment as it may affect third parties, in person or in rem, and will INDEMNIFY AND DEFEND the City, its employees, agents and assigns from all claims which may be made against the same by third parties.

INHERENT RISKS, HAZARDS AND DANGERS ASSOCIATED WITH TOOL AND EQUIPMENT ACTIVITIES The use and operation of tools and equipment are demanding and hazardous activities. Risks associated with use and operation of tools and equipment, include, but are not limited to, death; physical trauma; loss of hearing; loss of sight; electrocution; anaphylaxis; head injury; brain damage; facial fractures; neck fractures; spinal fractures; damage to the spinal cord that results in complete or partial paralysis; neurological damage, amputation; rib fractures; punctured lungs; serious injury to all bones, joints, muscles, and internal organs; aggravation of pre-existing conditions; heat stroke; fainting; collapse; exhaustion; physical or psychological injury; pain; suffering; illness; disfigurement; permanent disability; economic loss; emotional loss; and property damage (hereinafter “Inherent Risks”). Such risks can arise in an incalculable variety of unforeseeable ways, some foreseeable ways may include the following: Object ricochet; tool or equipment kick; hit by any number of projectiles; exposure to caustic or toxic materials; malfunctioning of tool or equipment; accidental injury to self or by another party who may not be strong or experienced enough to control tools or equipment; and complications associated with exposure to weather conditions, such as, rain, wind, hail, thunder, lightning, and other forces of the elements. Even though particular rules, safety equipment, instructors and personal discipline may reduce the risk they may still be inadequate to prevent serious accident or injury (hereinafter “Hazards and

8.3 General Business Page 4
Rev09102024
Dangers”).

ASSUMPTION OF RISK:

Releasor, knowingly and freely assumes all Inherent Risks, Hazards and Dangers, both known and unknown, even if arising from the negligence of Released Parties arising out of my or a third party’s use and operation of tools or equipment. Releasor assumes full responsibility for my or a third party’s use and operation, which may leave me vulnerable to the Hazards and Dangers and hereby knowingly agree to accept all Inherent Risks; WAIVER AND RELEASE. Releasor hereby voluntarily waives, releases and forever discharges Released Parties from any and all allegation, claims, demands, lawsuits or causes of action (hereinafter “Claims”), which Releasor may otherwise have arising out my use or operation of the Released Parties’ of all tools and equipment. This means, to the extent permitted by law, Releasor cannot file Claims or recover money damages if they sustain Inherent Risks using or operating the Released Parties’ tools or equipment; INDEMNIFICATION. Releasor hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless Released Parties from any and all Claims, which are in any way connected with my use or operation of the Released Parties’ tools or equipment, including any such Claims which allege negligent acts or omissions of Released Parties, to the extent permitted by law. This means if anyone seeks money damages from Released Parties arising out of Releasor’s use or operation of the Released Parties’ tools or equipment, Releasor will pay for Released Parties attorney fees and costs to defend them against any such Claims. This also means Releasor will pay money to resolve Claims, which are in any way connected to my use or operation of the Released Parties’ tools or equipment.

LOAN AGREEMENT
The requested tools must be used for the completion of a community project only. Tools must be picked up and returned to the Community Tool Shed. All tools must be stored in a secure location from the weather. Tools must be returned within the specified timeframe to ensure their availability for use by other residents and community organizations. Failure to abide by these conditions may make you ineligible to borrow tools in the future.
 I have read this form in its entirety and accept all provisions and Terms and Conditions. ___________________________ __________________________ ____________

NAME (PLEASE PRINT) SIGNATURE DATE

TOOL PICK-UP DATE AND TIME TOOL RETURN DATE

PICK-UP LOCATION WILL BE PROVIDED ONCE

APPLICATION HAS BEEN APPROVED

RETURN TIMEFRAME

OFFICE USE ONLY
 Approved  Not Approved
Staff Signature Date

8.3 General Business Page 5

BYE BYE MATTRESS

CALIFORNIA

COLLECTION GUIDELINES
PUBLISHED NOVEMBER 2023

ATTACHMENT E

8.3 General Business Page 6
Program Materials ............................................ 4 Quality Standards ............................................. 7 Materials Collection & Handling .......................... 8 Transportation & Processing .............................. 10 Recordkeeping ................................................ 11 Program Withdrawal & Termination .................... 12 About the Guidelines
Staff at all participating collection sites must be knowledgeable regarding these guidelines before accepting mattresses. For simplicity, these guidelines will refer to mattresses and box springs as mattresses. These guidelines describe the program and what is required to participate. MRC reserves the right to update, change, modify, amend, add or remove terms or otherwise alter these guidelines at any time with or without prior notice.

About the Mattress Recycling Council
In 2013, California enacted Senate Bill 254 as amended which requires mattress manufacturers to create a recycling program for mattresses discarded in the state.

The bedding industry established the Mattress Recycling Council (MRC) to develop and operate the mattress recycling program known as Bye Bye Mattress.

What MRC Provides
MRC provides the following to participating collection sites:
• A collection container to store mattresses that is appropriate for the number of mattresses that the collection site expects to generate and the site’s available space
• Transportation from the collection site to a contracted recycler • No-cost mattress recycling services

TABLE OF CONTENTS
2 8.3 General Business Page 7

CONTACTS
MRC Program Coordinators
Mark Patti
California Program Manager
661-237-8174
[email protected]
Los Angeles, Santa Barbara, Ventura
Layla Chamberlin
Northern California Coordinator
925-233-5335
[email protected]
Alameda, Contra Costa, Lake, Marin,
Mendocino, Napa, San Francisco,
San Joaquin, San Mateo, Santa Clara,
Santa Cruz, Solano, Sonoma
Tyler Douthitt
Southern California Coordinator
949-534-6693
[email protected]
Imperial, Kern, Orange, Riverside
San Bernardino, San Diego
Jennifer Duran
Central California Coordinator
559-249-5753
[email protected]
Calaveras, Fresno, Inyo, Kings, Madera,
Mariposa, Merced, Mono, Monterey,
San Benito, San Luis Obispo, Stanislaus,
Tulare, Tuolumne
Christine Messer
Northern California Coordinator
916-908-3223
[email protected]
Alpine, Amador, Butte, Colusa, Del Norte,
El Dorado, Glenn, Humboldt, Lassen,
Modoc, Nevada, Placer, Plumas,
Sacramento, Shasta, Sierra, Siskiyou,
Sutter, Tehama, Trinity, Yolo, Yuba
3 8.3 General Business Page 8

PROGRAM MATERIALS

INCLUDED PRODUCTS
Mattresses: Defined as any sleep surface covered with ticking or fabric that contains resilient material such as steel innersprings, foam, fiber or other filling or upholstery materials, used alone or in combination, regardless of size or shape. This definition includes foam mattresses.

Futons: See mattress definition above. Futon mattresses must be detachable from the frame or base to be accepted. (Futon mattresses that do not detach from the frame or base are not included.)
Box springs (also commonly called foundations): A ticking or fabric-covered structure used to support a mattress or sleep surface and may be comprised of a frame, foam, springs or other structure, or other materials, used alone or in combination, regardless of whether the product is stationary or adjustable.

All items accepted for recycling by MRC must have been used and discarded in the state of California.
4 8.3 General Business Page 9

PROGRAM MATERIALS

EXCLUDED PRODUCTS
• Severely wet, damaged, twisted, frozen or soiled mattresses • Adjustable bases not covered in ticking or fabric
• Air mattresses that contain no upholstery material
(such as camping beds)
• Car beds
• California Prison Industry Authority units
• Collapsible roll-away beds
• Fold-out sofa beds
• Futon frames or bases
• Juvenile products including crib
mattresses, carriages, baskets,
dressing tables, strollers, playpens,
infant carriers, lounge pad,
crib bumpers
• Loose bedding, blankets or sheets
• Mattresses infested with bed bugs
or other living organisms
• Mattress pads and toppers
• Metal bed frames
• Out-of-state mattresses
• Pillows and cushions
• Sleeping bags
• Water beds
5 8.3 General Business Page 10

PROGRAM MATERIALS

MATTRESS INSPECTION AND EXAMINATION
Collection site staff should screen incoming mattresses to determine whether they are suitable for recycling and should remove mattresses that are:
• Excessively wet or frozen
• Severely twisted, punctured or crushed
• Infested with bed bugs or other living organisms
• Exceptionally soiled or moldy
Mattresses not suitable for recycling should be disposed of through your existing solid waste stream.

Bed Bug Identification
Mattresses and box springs infested with bed bugs are unacceptable for recycling and should be disposed of through your existing solid waste stream. Staff at collection sites should evaluate program materials for evidence of bed bug infestation. A training webinar focused on dispelling health related myths, identifying bed bugs and offering best practices for protecting staff can be found here: https://www.mattressrecyclingcouncil.org/resources Bed bugs are tan to brown in color,
but may appear redder if they
have fed.

Adult Bed Bugs are dorsally flat insects,
broadly oval and the size of an apple or
melon seed (1/4").

Nymphs look like adults in shape
but are smaller.

Eggs are white and barrel-shaped.

Signs of bed bug activity may be
more obvious than the insects
themselves. Look for clusters
of dark spots or smudges on
mattresses (fecal spots),
especially along seams. Eggs,
shed skins and all life stages
of bed bugs may also be
present in these ‘soiled’ areas.

For more information on bed bugs, please refer to the resources made possible by the Connecticut Coalition Against Bed Bugs at www.ct.gov/caes/CCABB 6 8.3 General Business Page 11

QUALITY STANDARDS
Unacceptable Quality
Shown here are examples to illustrate severe damage,
heavy soiling and infestation.

Other Conditions:
• Out-of-state mattresses
• Severely damaged or soiled mattresses
• Mattress that have been stripped
of padding components.
• Pillows and cushions
• Fold-out sofa beds and futon frames or bases
• Loose mattress pads, toppers
• Loose bedding, blankets, or sheets
• Water beds
• Fire damaged units
Acceptable Quality
IMPORTANT: Only units used and discarded
in California are accepted by the program.

Shown here are examples of acceptable units.
7 8.3 General Business Page 12

MATERIALS COLLECTION
& HANDLING
Each collection site will have unique operational considerations. Participating sites must make their own decisions about how to best manage their operations in the safest manner possible in accordance with applicable laws. At a minimum, each participating site must meet these requirements:

MINIMUM PROGRAM REQUIREMENTS
Each collection site must be secure with adequate space and staffing to handle and store acceptable mattresses.

Each collection site must have knowledge of and comply with all applicable federal, state and local laws. These may include, but are not limited to, zoning requirements, state permit requirements and OSHA or other workplace requirements. Please contact your Local Enforcement Agency (LEA) to confirm whether your site is in compliance with all applicable notifications or requirements for accepting mattresses for recycling at your site. In many cases, this will be your county or local Public Health Department.

Each collection site must maintain general liability insurance of at least $1,000,000 per occurrence.

Staff at each collection site must be trained and knowledgeable regarding these guidelines before accepting mattresses for recycling.

Collection sites must allow MRC access to confirm compliance with these guidelines.

Collection sites must keep mattresses dry by storing in weatherproof containers or under cover to maximize their recyclability. In addition, all collection sites must:
• Make every effort to place mattresses in MRC-designated storage containers immediately upon acceptance
• Do not store units on the ground for prolonged periods of time and make every effort to keep container doors closed
• Keep mattresses intact and not intentionally crush or puncture them • Efficiently stack mattresses to maximize the number of units loaded in each storage container
• Provide oversight to keep unacceptable items out of MRC-designated storage containers
• Remove any non-program materials from MRC-designated storage containers before transport to MRC recyclers
• Practice good housekeeping standards and keep storage containers and program materials in a neat and orderly condition
SITE

PERMITS

INSURANCE

TRAINING

STORING &

MATTRESSES
See page 9
for photos and
guidelines

SITE ACCESS
8 8.3 General Business Page 13

MATERIALS COLLECTION
& HANDLING
9 Acceptable Loading

1. Begin each stack with a queen or full size box spring.

This acts as a base pallet to create a secure stack and makes unloading of mattresses quick and efficient.

2. Mattresses should be stacked horizontally to the top of the trailer to maximize space.

3. In small quantities, king size mattresses can be placed vertically next to a stack of horizontal mattresses.

4. If there are more than 10 king size units, stack horizontally.

Unacceptable Loading
IMPORTANT: Do not load units vertically
or in an unsafe manner.

Please contact your Program Coordinator to learn more
about acceptable/non-acceptable units and appropriate
stacking and loading techniques.

LOADING MATTRESSES IN STORAGE CONTAINERS
Expected number of mattresses that should fit in various container sizes:

Container Type Number of Mattresses
20-foot sea container 30-45
40-foot sea container 75-95
40-yard roll-off container 35-50
48-foot trailer 110-180
53-foot trailer 125-190
28-foot trailer 60-95

8.3 General Business Page 14

TRANSPORTATION
& PROCESSING

TRANSPORTERS
MRC will assign each collection site a transporter to provide a storage container and transport services.
• MRC-contracted transporters will provide participating locations with evidence of automobile insurance coverage of at least $1,000,000 per occurrence • Each collection site must notify transporter at least two business days before a storage container is full of mattresses
• The assigned transporter will pick up full containers and drop off an empty container at the same time
• On the scheduled pick up day, the collection site must make the collection container readily accessible to the transporter
• At the time of pick-up, collection site staff must be present to sign a three-part Bill of Lading (BOL) supplied by the transporter that details the quantity of mattresses in the container and must provide appropriate copies of the BOL to the transporter
A collection site may choose to provide its own storage containers and transportation. These locations must contact the recycler directly to arrange for a convenient drop-off time.

RECYCLERS
Recyclers under contract with MRC will meet established recycling standards and accurately account for all mattresses received, the mattress components recycled (e.g., foam, steel, wood, fiber, etc.) and any residual disposal. Collection sites will be assigned an MRC recycler to best service your facility.
10 8.3 General Business Page 15

RECORDKEEPING
Bill of Lading:

A Bill of Lading (BOL) will be provided by the transporter. Before a full container leaves the site, the BOL must be completed and signed by facility staff.

Annual Reporting to CalRecycle:

Per the law, mattress recyclers, renovators, and solid waste facilities, as defined by Public Resources Code section 42986, must submit an annual report to CalRecycle by May 1 each year. The annual reports must meet the requirements listed in Title 14, California Code of Regulations (CCR) sections 18965-18967, which includes contact information and quantitative information. Annual reports are used by CalRecycle and MRC to assess the program and establish and update the mattress recycling goals for the state.

See CalRecycle’s website for more information:
https://www.calrecycle.ca.gov/Mattresses/AnnualReport/
11 8.3 General Business Page 16
A collection site’s participation in MRC's Bye Bye Mattress program in California is voluntary.

Either party may withdraw from participation in accordance with the terms in your contract.

Written notice to the other party is required. MRC reserves the right to remove any collection site not in compliance with these guidelines from further participation in the program.

PROGRAM WITHDRAWAL
& TERMINATION
12 8.3 General Business Page 17

8.3 General Business Page 18

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California Used Mattress Recycling Program
Collection Facility and Used Mattress Management Services Agreement This Agreement (“Agreement”) is effective on _______________________ (“Effective Date”) by and between City of Tulare , a municipality located at 3989 S. K Street, Tulare, CA 93274 (the “Service Provider”) and Mattress Recycling Council California, LLC, a Delaware limited liability company having its offices at 501 Wythe Street, Alexandria, VA 22314 (“MRC”).

RECITALS
Whereas, MRC is the “mattress recycling organization” certified by the State of California to plan and implement a Mattress recycling program in California (the “Program"), as set forth in California Public Resources Code §§ 42985 – 42994 (2014) (the “Act”), and is organized (among other things) to negotiate and execute agreements to collect and transport used Mattresses for Recycling; and
Whereas, MRC and the Service Provider wish to enter into this Agreement, which describes the terms and conditions under which the Service Provider will provide the Services described herein to MRC.

Now, therefore, for and in consideration of the terms of this Agreement and the mutual promises and covenants contained herein, the parties hereto agree as follows:

ARTICLE 1 – DEFINITIONS

1.1 "Consolidate” means (as applicable) accepting, handling, storing, and packing only acceptable Program Products into Collection Containers provided by, or approved for use by, MRC or its subcontractors in a manner that is efficient, complies with the requirements of MRC or its subcontractors, and is conducive to safe and efficient transport.

1.2 “Collection Containers” are containers provided by, MRC, the Service Provider or their contractors to hold and transport Program Products.

1.3 “Collection Facility(ies)” means all permanent or temporary collection facilities that are owned, leased, subleased, or otherwise controlled by the Service Provider and designated by the Program to collect Program Products, and as specifically identified in Attachment D (“Collection Facility Information”).

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2 1.4 “Effective Date” means the date that the parties’ obligations begin under this Agreement. The Effective Date is the first date shown above.

1.5 “Foundation” means a ticking-covered structure used to support a Mattress or sleep surface. The structure may include constructed frames, foam, box springs, or other materials, used alone or in combination.

1.6 “Guidelines” mean the Mattress Recycling Council’s California Mattress Recycling Program Collection Guidelines, which provide an overview of the Program and which are amended from time to time. MRC reserves the right to update, change, modify, amend, add or remove terms, or otherwise alter the Guidelines at any time without prior notice. The current and effective Guidelines are posted and maintained at https://mattressrecyclingcouncil.org/wp-content/uploads/MRC-CAState-Guidelines.pdf. Notwithstanding any other term of this Agreement, MRC may provide notice of any amendments to the Guidelines via email to Service Provider at the email address set forth below in Article 12. The effective Guidelines as of the date of this Agreement are contained in Attachment E.

1.7 “Materials and Activities” mean materials, supplies, tools, vehicles, equipment, labor, water, light, power, facilities, construction of any nature, supervision, and all other services, acts, activities, resources, and goods, but not Collection Containers, necessary for or otherwise used by the Service Provider to collect, pack, and otherwise comply with and fully perform its obligations under the Agreement.

1.8 “Mattress” means resilient material or a combination of materials that is enclosed by a ticking (the outermost layer of fabric or related material of a Mattress) that is intended or promoted for sleeping upon, Foundations, Renovated Mattresses, Renovated Foundations, and futon Mattresses. “Mattress” does not include any of the following: (i) an unattached mattress pad, an unattached mattress topper, including any item with resilient filling, with our without ticking, that is intended to be used with or on top of a mattress, (ii) a sleeping bag or pillow, (iii) a car bed, (iv) juvenile products, including a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet mattress, crib bumper, or any pad for such juvenile product, (v) a product that contains liquid or gaseous filled ticking, including any water bed and or any air mattress that does not contain upholstery material between the ticking and the mattress core, and/or (vi) any upholstered furniture that does not otherwise contain a detachable mattress, including, without limitation, a fold-out sofa bed, sleeper sofa or folding cot.

1.9 “Non-Conforming Units” are Program Products that must be disposed of as solid waste because they are contaminated or too damaged to recycle.

1.10 “Non-Program Products” mean products not covered by the Program, including out of state Units. Non-Program Products include: sleeping bags, pillows, an unattached mattress pad or mattress toppers (even items with resilient filling intended to be used with or on top of a mattress), car bed, crib or bassinet mattress, juvenile products or the pads used for such juvenile products, waterbeds, air mattresses that contain no upholstery material (such as a camping mattress), units manufactured by California Prison Industry Authority and sofa beds.

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3 1.11 “Program Products” means and includes Mattresses, as defined herein, Foundations, and Renovated Mattresses or Renovated Foundations.

1.12 “Program” means the California Used Mattress Recycling Program created by MRC.

1.13 “Recycle” or “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of a raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include, incineration, pyrolysis, distillation, or biological conversion other than composting.

1.14 “Recycler” means an entity that engages in the manual or mechanical separation of Mattresses to substantially recover components and commodities contained in Mattresses for the purpose of reuse or recycling.

1.15 “Renovate” or “Renovation” means altering a used Mattress or Foundation for the purpose of resale and includes one or more of the following: (a) replacing the Mattress ticking or filling; (b) adding additional filling; (c) rebuilding a used Mattress or (d) replacing components with new or post-consumer materials unless the material is a clean recycled material, consists of used electronic parts or controls, or is a used Mattress base that is not covered by ticking. Material sent to renovation will be considered Recycled material.
“Renovate” or “Renovation” does not include any of the following: (a)stripping a Mattress of its ticking or filling without adding new material; (b) sterilizing or sanitizing a Mattress without otherwise altering the Mattress; (c) altering a Mattress by a Renovator when a person retains the altered Mattress for lease, rental or personal use or (d) refurbishing that disqualifies a Mattress for a yellow wholesale renovator tag to be affixed to the Mattress, in accordance with the regulations adopted by the Department of Consumer Affairs.

1.16 “Retailer” means any party who sells Mattresses in California or offers to a Consumer a Mattress in California through any means, including, but not limited to, by remote offering, including sales outlets or catalogs, electronically through the internet, by telephone, or through the mail.

1.17 “Services” means all services for which Service Provider is responsible, as described in this Agreement and in the Attachments hereto, including any and all Materials and Activities.

1.18 “State” means the State of California.

1.19 “Temporary Collection Events” mean an event hosted by the Service Provider to Consolidate Program Products at locations within the State that are short in duration and not at permanent collection facilities.

1.20 “Transportation Providers” or “Transporter” means a contractor hired by MRC or Service Provider to transport Program Products from the Collection Facilities or Temporary Collection Events.

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4 1.21 “Unit” means a single Mattress or box spring dropped off at or collected from a California resident or business at no charge. For example, an individual Mattress and an individual box spring would each constitute a single Unit.

ARTICLE 2 – TERM OF AGREEMENT

2.1 This Agreement will commence upon the Effective Date and will remain in full force and effect for a period of two (2) years (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms. Either party may terminate the contract for any reason upon thirty (30) days’ notice.

2.2 If the agreement is terminated, the Service Provider will, at no additional cost to MRC, immediately make all Collection Containers available for pick up by MRC’s Transporter.

ARTICLE 3 – GENERAL OBLIGATIONS OF THE SERVICE PROVIDER

3.1 In consideration of MRC’s payments, if any, to the Service Provider for Services, and for activities undertaken at MRC’s expense, the Service Provider will perform the Services provided for in Attachment A (“Scope of Services”) in conformity with the Program and Guidelines, except to the extent the Program and/or Guidelines conflict with the terms of this Agreement or any applicable Law.

3.2 The Service Provider will manage all Program Products Consolidated at the Collection Facilities only in accordance with Attachment A and will not dispose of Program Products in any other method without the prior written approval of MRC.

3.3 The Service Provider is responsible for and will manage, at its sole expense, any and all Non-Program Products it collects at the Collection Facilities or places in Collection Containers. MRC accepts no responsibility for such Non-Program Products and will not pay Service Provider any consideration in connection with such Non-Program Products.

3.4 The Service Provider will not charge any fees to California residents, businesses (including Mattress Retailers) or other entities that drop off Program Products with the Service Provider, up to the maximum number as specified in Attachment D.

Nothing in this Agreement prohibits the Service Provider from charging fees to California residents, businesses, or other entities for bulky or curbside collection of Program Products, dropping off Non-Program Products or Program Products in excess of the quantities specified in Attachment D.

3.5 The Service Provider will inspect the Collection Containers upon arrival and determine whether they are in proper condition for use (i.e., structurally sound, has no holes, cracks, unintended openings, major dents, or rust issues). MRC or its contractor is responsible for replacing any defective Collection Containers and repairing normal wear-and-tear to the Collection Containers. The Service Provider will immediately notify MRC if at any point during the term of the Agreement a Collection Container(s) is not in proper condition for use (i.e., such Collection Containers(s) is not properly sounds, has holes, cracks, unintended openings, major dents, or rust issues) and will not use any such defective Collection Containers until they are repaired or replaced by MRC or its contractor. If a

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5 Collection Container is functional, but is delivered in a damaged condition, the Service Provider will notify MRC or its contractor in writing of the nature and location of such damage upon the arrival of the Collection Container. Service Provider will exercise reasonable care in securing and maintaining their premises and safeguarding Collection Container from damage.

3.6 The Service Provider will inspect each Unit before placing it in a Collection Container to confirm whether it is a Program Product. Service Provider will separate Non-Conforming Units, including Units contaminated with bed bugs or otherwise unsuitable for recycling, and will dispose of such Units as solid waste.

ARTICLE 4 – SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES The Service Provider represents, covenants, and warrants that: it is a municipality in good standing and qualified to conduct business in California, and has all necessary approval, capacity, and authority to enter into this Agreement and fully perform its obligations under this Agreement.

ARTICLE 5 – MRC OBLIGATIONS

5.1 Upon receiving a request from the Service Provider, MRC will arrange for timely pick-up of Program Products Consolidated by the Service Provider. MRC or an MRC contractor will, at its expense, arrange for the transport to a Recycler.

5.2 MRC will make available to the Service Provider consumer brochures and signs identifying the site as an MRC drop-off location.

5.3 Unless the Service Provider elects to provide its own Collection Containers, MRC will assign, via email, an MRC approved Transporter. MRC’s Transporters will provide Collection Containers to the Service Provider. All Collection Containers furnished by a Transporter will remain the property of the Transporter.

ARTICLE 6 – TITLE AND RISK OF LOSS

6.1 The Service Provider (and not MRC) has title to and risk of loss and liability for any and all Program Products, Non-Conforming Units and Non-Program Products that the Service Provider receives. Notwithstanding the foregoing, once a Transportation Provider accepts for transportation any Program Products collected by the Service Provider under this Agreement and Consolidated on a Collection Container, title to and risk of loss as to those Program Products, will transfer to that Transportation Provider. MRC at no time takes title to or assumes liability for any Program Products, Non-Conforming Units or Non-Program Products.

However, MRC will require in its contracts with its Transportation Providers that they accept title and risk of loss immediately upon accepting any Program Products for transportation from the Service Provider.

6.2 MRC is not responsible for any damage to persons or property resulting from the use, misuse, or failure of any equipment used by the Service Provider, or by any

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6 of its employees or contractors, including the Collection Containers, even if such equipment is furnished, rented, or loaned to the Service Provider by MRC.

ARTICLE 7 – CONSIDERATION AND PAYMENT

7.1 As consideration under this Agreement, MRC or its contractors will; (i) facilitate the transportation of Program Products by Transportation Providers as set forth in this Agreement; (ii) pay the Service Provider for Services rendered as set forth in this Agreement; and (iii) perform other services incidental to the management of the Program.

7.2 MRC will pay Service Provider for Services rendered in the amount set forth in Attachment B (“Compensation Rates”). No other payment or reimbursement will be made for the Service Provider’s Collection of Program Products, furnishing of the Materials and Activities, or its performance of the Services.

7.3 The Service Provider will invoice MRC on a monthly basis, either by hardcopy or electronically, as determined by MRC. Invoices must include the information included in Attachment C (“Model Invoice”) and must state:
a. the unique, identifying invoice number;
b. the specific categories of Services provided for under the Agreement; c. the specific number of Units consolidated;
d. copies of each transportation Bill of Lading or equivalent shipping documentation; and
e. any additional information as agreed to in writing by the parties that is relevant to the Services being performed by the Service Provider.

7.4 MRC reserves the right to refuse payment of any invoice or portion thereof that is not received in an acceptable form or for Services performed by the Service Provider but not invoiced for more than 90 days.

7.5 All amounts invoiced by the Service Provider to MRC, or paid by MRC to the Service Provider, are subject to audit by MRC, as described below in ARTICLE 8 – AUDIT AND INSPECTION RIGHTS OF MRC.

7.6 The Service Provider will submit invoices to:

To: Mattress Recycling Council California, LLC
Attn: Accounts Payable
Phone: 1-855-229-1691
E-mail: [email protected]
Address: 501 Wythe Street, Alexandria, VA 22314
MRC will send Service Provider payments to:

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7 To: City of Tulare
Attn: Denise Nelson, Payroll Specialist
Phone: 559-684-4229
E-mail: [email protected]
Address: 411 E. Kern Ave. Tulare, CA 93274

7.7 Provided that the Service Provider has supplied the required information and otherwise performed its obligations under this Agreement, MRC will pay such invoice within thirty (30) days of the date that MRC receives the invoice. In the event MRC has a good-faith objection to an invoice, MRC will pay the undisputed amount pursuant to the terms of this Agreement and notify in writing the Service Provider of said objections and describe in reasonable detail the basis for the objections. The Dispute Resolution provisions in ARTICLE 14 - DISPUTE RESOLUTION will be used to resolve such disputed portion of an invoice. During any such dispute, the Service Provider will continue with its responsibilities under this Agreement and will not stop providing the Services unless this Agreement is terminated. MRC will make all payments due to the Service Provider over which there is no good-faith dispute.

7.8 MRC’s payment of all or a part of an invoice neither relieves the Service Provider of any of its obligations under this Agreement nor constitutes a waiver of any claims by MRC.

7.9 The Service Provider warrants that, to the best of its knowledge, all documents, including invoices, billings, back-up information for invoices, and reports, submitted by the Service Provider to MRC to support amounts invoiced in connection with the Services truly reflect the facts about the activities and transactions to which they pertain. The Service Provider warrants that MRC, for whatever purpose, may rely upon all such documents and the data therein as being complete and accurate. The Service Provider will promptly notify MRC upon discovery of any instances where the Service Provider becomes aware of any discrepancies in relation to documents under this Article.

ARTICLE 8 – AUDIT AND INSPECTION RIGHTS OF MRC

8.1 MRC may audit and inspect, the Service Provider’s Collection Facilities during the Collection Facilities’ hours of operation, as well as any other site at which the Service Provider performs the Services. MRC will provide the Service Provider with at least twenty-four (24) hours’ notice before any such audit or inspection.

8.2 The Service Provider will permit MRC to audit, examine, and make excerpts and transcripts, for any books or records, and to make audits of any invoices, materials, records, and other data related to all other matters covered by this Agreement.

ARTICLE 9 – INDEMNIFICATION

9.1 The Service Provider, and its successors and assigns (collectively, the “Indemnifying Party”), will, to the fullest extent allowed by law, indemnify, defend, and hold harmless MRC and its sole member (as identified under MRC’s

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8 Certificate of Incorporation), and their member companies, officers, directors, stockholders, employees, successors, assigns, attorneys, agents, and invitees (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively, “Claims”), including cost of defense, settlement, arbitration, and reasonable attorney’s fees, resulting from injuries to or death of persons, including but not limited to employees of either party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the Indemnifying Party, or the acts or omissions of anyone else directly or indirectly acting on behalf of the Indemnifying Party, its officers, agents, employees, or contractors, or for which the Indemnifying Party is legally liable under law regardless of whether caused in part by an Indemnified Party.

9.2 MRC, and its successors and assigns (collectively, the “MRC Indemnifying Party”), will, to the fullest extent allowed by law, indemnify, defend, and hold harmless the Service Provider and its officers, directors, stockholders, employees, successors, assigns, attorneys, agents, and invitees (collectively, the “MRC Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively, “Claims”), including cost of defense, settlement, arbitration, and reasonable attorney’s fees, resulting from injuries to or death of persons, including but not limited to employees of either party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the MRC Indemnifying Party, or the acts or omissions of anyone else directly or indirectly acting on behalf of the MRC Indemnifying Parties, or for which the MRC Indemnifying Party is legally liable under law excepting only such injury, death, or damage to the extent caused by the active negligence or willful misconduct of an MRC Indemnified Party.

9.3 The following provisions apply to Paragraphs 9.1 and 9.2 above:
a. This indemnity will not be limited by the types and amounts of insurance or self-insurance maintained by the Indemnifying or Indemnified Parties or their contractors;
b. Nothing in this indemnity will be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party; and
c. The provisions of this indemnity will survive the expiration or termination of this Agreement.

9.4 MRC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,

PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER BASED ON BREACH OF

CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF SUCH POTENTIAL DAMAGES. NOTHING IN

THIS AGREEMENT CONSTITUTES A WAIVER OR LIMITATION OF ANY RIGHTS THAT MRC MAY HAVE UNDER THE APPLICABLE LAW.

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9 ARTICLE 10 – INSURANCE

10.1 The Service Provider must maintain, at its own expense, the policies of the following minimum limits and coverage as set forth below:

Coverage Minimum Limits
a. Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate
b. Workers Compensation Statutory

10.2 The Service Provider may utilize self-insurance, an insurance fund, an insurance pool or any combination thereof (“Insurance Program”) to satisfy all the obligations related to the required insurance. To the extent that the Service Provider relies on an Insurance Program to meet its obligations, the Service Provider warrants that it satisfies all the requirements of this Article by virtue of its Insurance Program. The intent of this paragraph is to impose on the Service Provider all the same requirements and obligations that would have been imposed on one or more traditional insurance providers had the Service Provider procured the required insurance through traditional insurance providers.

10.3 When available through Service Provider’s Insurance Program, the required insurance, except for worker’s compensation insurance, must contain or be endorsed to contain MRC California, LLC and its sole member and their officers, directors, agents, and employees, as additional insureds.

10.4 When available through Service Provider’s Insurance Program, the required insurance, except for worker’s compensation insurance, must contain or must have any necessary endorsement to affect a waiver of subrogation in favor of MRC California, LLC and its sole member and their officers, directors, agents, and employees.

10.5 When available through Service Provider’s Insurance Program, the required insurance policies (except for worker’s compensation) must contain a written statement in the policies or in endorsements thereto that they are each primary insurance to any other insurance available to the Service Provider or to any additional insureds or additional named insureds.

10.6 When available through Service Provider’s Insurance Program, the required insurance policies (except for worker’s compensation) must contain a separation of insureds provision stating that the insurance applies separately to each insured against whom a claim is made or a suit is brought and that the actions or omissions of any insured that might give rise to application of an exclusion to coverage apply only to that insured actually committing the actions or omissions.

10.7 Service Provider must submit current evidence of insurance before Services begin. Evidence of insurance and renewals are to be sent via electronic mail to:

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10 [email protected]. Insurance brokers shall remit all renewals to the same email address.

10.8 Service Provider is required to provide MRC with notification of any cancellation or change in Service Provider’s insurance coverage during the period of the Agreement with MRC with not less than thirty days’ notice prior to the date said cancellation or change becomes effective.

10.9 In the event a Certificate of Insurance required by this Article should expire or be cancelled during the term of this Agreement, Service Provider agrees to provide, at least thirty days prior to said expiration or cancellation, a new Certificate of Insurance evidencing coverage, as provided for herein, for not less than the remainder of the Agreement.

10.10 Compliance by Service Provider with the foregoing requirements to carry insurance and furnish certificates will not relieve Service Provider from liability assumed under the provisions of this Agreement.

10.11 Both Parties will require all third parties that it uses to provide any services under this contract to comply with the same insurance requirements specified above.

ARTICLE 11 – ASSIGNMENT AND SUBCONTRACTING

11.1 The Service Provider may not assign, novate, or otherwise transfer (including transfer by operation of law) this Agreement or the obligations and rights hereunder without the express written consent of MRC.

11.2 MRC reserves the right to subcontract its duties and rights under this Agreement (including the conduct of audits, inspections and monitoring activity) to third parties. Service Provider agrees that such subcontractors to MRC will have the same rights and responsibilities as MRC, unless otherwise noted.

ARTICLE 12 – NOTICES
Except where otherwise expressly authorized, notice will be by first class certified or registered mail, or by commercial delivery service issuing a receipt for delivery. Notices will be addressed as set forth below. Either party may change the address information below by providing written notice to the other party. Notice is effective upon delivery, or if delivery is refused, when delivery is attempted.

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11 To: Mattress Recycling Council California, LLC
Attn: Gayle Hanlon, Senior Counsel
Email: [email protected]
Address: 501 Wythe Street, Alexandria, VA 22314
To: City of Tulare
Attn: Manny Corea, Office of Safety, Compliance & Facilities Officer E-mail: [email protected]
Address: 411 E. Kern Ave. Tulare, CA 93274
ARTICLE 13 – INDEPENDENT CONTRACTOR STATUS

13.1 The parties intend that the Service Provider, in performing the Services specified herein, is acting as an independent contractor and that the Service Provider will control the Services and the manner in which it is performed. This Agreement is not intended and may not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture, or association.

13.2 Each party, or its subcontractors, as appropriate, is solely liable and responsible for providing all compensation and benefits due to, or on behalf of, all persons performing Services on its behalf in connection with this Agreement. Neither party has any liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the other party.

13.3 Each party understands and agrees that all persons performing Services pursuant to this Agreement are, for purposes of Workers’ Compensation liability, solely employees of that party and not employees of the other party. Each party is solely liable and responsible for furnishing any and all Workers’ Compensation benefits to its employees as a result of any injuries arising from or connected with any Services performed by or on behalf of that party pursuant to this Agreement.

13.4 MRC has no authority to manage, direct, or supervise employees, representatives, or agents of the Service Provider, including how they perform the Services and achieve compliance with applicable Law. MRC does not have responsibility for making day-to-day and critical decisions regarding the Services, including the management or supervision of any activities comprising the Services.

13.5 Third-party Transportation Providers are independent contractors and are not employees, partners, or agents of either party. Neither party is liable for the acts or omissions of third-party Transportation Providers under this Agreement.

ARTICLE 14 – DISPUTE RESOLUTION

14.1 Subject to the conditions and limitations of this Article, any controversy or claim arising out of or relating to this Agreement will be exclusively settled by arbitration under the laws of the State of California, in accordance with the rules of the American Arbitration Association.

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12 14.2 The parties agree to consolidation of any arbitration between them with any other arbitration involving, arising from, or relating to this Agreement.

14.3 Each party hereto accepts the jurisdiction of the courts of the State of California for the purposes of commencing, conducting, and enforcing an arbitration proceeding pursuant to this Article. Each party will accept service of notice of the other party’s intent to proceed with arbitration, and of any other step in connection therewith or enforcement thereof, if such notice is in writing and sent by certified letter addressed to said party according to Article 12, and such notice will have the same effect as if the party had been personally served within the State of California.

14.4 Any decision of an arbitrator engaged under this Article is final, binding, and enforceable upon both parties.

14.5 The Service Provider will continue with its responsibilities under this Agreement during any dispute.

14.6 The parties will continue to provide Services during the dispute resolution process in a diligent and timely manner in accordance with all applicable provisions of this Agreement.

14.7 Each party hereto will bear the costs and expenses incurred by it in connection with such arbitration processes. The cost of any independent decision maker will be shared equally between the parties.

ARTICLE 15 – CONFIDENTIALITY/PUBLICITY

15.1 The Service Provider, as a municipal corporation established under the laws of the State of California, has an obligation to disclose this Agreement under state law and shall disclose any details in connection with this Agreement to the furthest extent of state law. However, the Service Provider shall not disclose any details in connection with this Agreement to any person or entity, beyond the required disclosures under California law, without MRC’s prior written authorization. In recognizing the Service Provider’s need to identify its services and related clients to sustain it, MRC shall allow the Service Provider to publish its role in the Program within the following conditions:
a. The Service Provider may utilize and develop publicity material regarding the MRC Program only upon the prior written consent of MRC, which consent will not be unreasonably withheld; and
b. During the term of the Agreement, the Service Provider will not, and will not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of MRC without the prior written consent of MRC, which consent will not be unreasonably withheld.

15.2 The Collection Facilities may be listed, referenced, or advertised as collection sites by MRC for the Program during the term of this Agreement.

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13 ARTICLE 16- UNCONTROLLABLE CIRCUMSTANCES

16.1 Neither party will be liable for its failure to perform hereunder, in whole or in part, due to contingencies beyond its reasonable control (“Uncontrollable Circumstance(s)”), including, but not limited to strikes, riots, war, fire, acts of God or terrorism, pandemic, injunction, compliance with any applicable federal, state, local, and other laws, ordinances, rules, regulations or orders of any public body having jurisdiction, whether valid or invalid, whether now existing or hereafter created. For further clarification, Uncontrolled Circumstances do not include fluctuations in commodity or scrap prices, demand for such materials, or other such changes that affect the economic condition of the market as it relates to recycling and recycled goods.

16.2 The parties will use their best efforts to overcome or remove any Uncontrollable Circumstance and to minimize the effect of such Uncontrollable Circumstance and any costs resulting therefrom.

16.3 Each party will assume the risk of all losses and damages directly incurred by them except as otherwise limited pursuant to the terms of this Agreement, which arise out of an Uncontrollable Circumstance event. Neither party should be entitled to recover from the other revenues lost due to the occurrence of an Uncontrollable Circumstance, provided further, however, that each party is obligated in good faith and to the extent not detrimental to its interests and within any applicable provision of law, to jointly attempt to mitigate the damages, costs and expenses arising out of an Uncontrollable Circumstance event.

16.4 The party asserting that an Uncontrollable Circumstance exists will, as a condition precedent to the right to claim the benefits of this Section, promptly after becoming aware of such Uncontrollable Circumstance, and in any event, within fifteen (15) calendar days from the date on which said party becomes or should have become aware of the occurrence of such Uncontrollable Circumstance, notify the other party of such event. This party will then, within fifteen (15) days of such initial notice, provide a written notice of the effect, if any, on either party's obligations under this Agreement, and available areas of mitigation or saving of the costs associated with such event. Each party will continue to keep the other party advised with respect to the anticipated impact of such Uncontrollable Circumstance.

ARTICLE 17 – MISCELLANEOUS PROVISIONS

17.1 No Waiver. The failure at any time to enforce any provision of this Agreement or failure to exercise any right herein granted does not constitute a waiver of such provision or of such right thereafter to enforce any or all of the provisions of this Agreement.

17.2 Selective Waiver. Either party may waive any default by the other party under this Agreement by an instrument in writing to that effect and no such waiver will extend to any subsequent or other default by the other party. No failure or delay on the part of either party to exercise any right hereunder operates as a waiver thereof.

Either party may elect to selectively and successively enforce its rights hereunder, such rights being cumulative and not alternative.

8.3 General Business Page 32
14 17.3 Entire Contract/Order of Precedence. This Agreement and all Attachments and exhibits hereto, and all referenced documents, including the Guidelines, constitute the entire agreement between the parties with respect to the matters herein, and integrates, merges, and supersedes all prior negotiations, representations, or agreements relating thereto, whether written or oral, except to the extent they are expressly incorporated herein. The provisions of this Agreement and the accompanying documents are to be construed and interpreted as consistent whenever possible. Any conflicts in this Agreement and the accompanying documents will be resolved in accordance with the following descending order of precedence:
a. Attachment A (“Scope of Services);
b. Attachment B (“Compensation Rates”);
c. The terms of this Agreement
d. Attachment E (“Guidelines”);
e. Attachment D (“Collection Facility Information”); and f. Attachment C (“Model Invoice”).

17.4 Amendment or Modification. Unless otherwise provided herein, no amendments, changes, alterations, variations, or modifications to this Agreement will be effective unless in writing and signed by the respective duly authorized officers of the parties hereto.

17.5 Additional Sites. Service Provider, either currently or in the future, may have additional sites, solid waste facilities, collection facilities or subsidiaries (“Additional Sites”) that it wishes to add to this Agreement. Additional Sites may become a Service Provider under this Agreement by executing its own Compensation Rate form in Attachment B and Collection Facility Information form in Attachment D. The Additional Sites will then be governed by the terms of this Agreement and the Attachments hereto (including its personalized Compensation Rate form in Attachment B and personalized Collection Facility Information form in Attachment D). Any changes or modifications made by an Additional Site to Attachment B and Attachment D will not affect other Service Providers that exist under this Agreement, nor will it change or modify any of the other Service Providers’ terms, conditions, responsibilities and/or liabilities under this Agreement.

17.6 Governing Law/Venue. This Agreement is executed and intended to be performed in the State of California, and the laws of that State will govern its interpretation and effect.

17.7 Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof will remain in full force and effect and will in no way be affected, impaired, or invalidated thereby.

17.8 Calendar Days. Any reference to the word “day” or “days” herein will mean calendar day or calendars days, respectively, including weekends and Federal

8.3 General Business Page 33
15 Holidays, unless otherwise expressly provided. If a deadline falls on a weekend or Federal Holiday, the next business day will be the applicable deadline.

17.9 No Third-Party Beneficiary. This Agreement is intended solely for the benefit of the parties hereto, and no third party has any right or interest in any provision of this Agreement or as a result of any action or inaction by any party in connection therewith.

17.10 Authorization. Each party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations set forth herein.

The representative(s) signing this Agreement on behalf of each party represents that he/she has the authority to execute this Agreement on behalf of the applicable party and to bind it to its contractual obligations hereunder.

17.11 Electronic Signatures. Unless otherwise prohibited by law or Service Provider policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Service Provider.

17.12 Survival of Terms. All services performed and deliverables provided pursuant to this Agreement are subject to the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. Further, the terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement will so survive, including but not limited to: ARTICLE 4 – SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES; ARTICLE 6 – TITLE AND RISK OF LOSS; ARTICLE 8 – AUDIT AND INSPECTION RIGHTS OF MRC; ARTICLE 9 – INDEMNIFICATION; ARTICLE 10 – INSURANCE; ARTICLE 13 – INDEPENDENT CONTRACTOR STATUS; ARTICLE 14 – DISPUTE RESOLUTION; ARTICLE 15 – CONFIDENTIALITY/PUBLICITY; and ARTICLE 17 – MISCELLANEOUS.

8.3 General Business Page 34
16 IN WITNESS WHEREOF, the parties have each caused this Agreement to be executed by its duly authorized representative on the day and year set forth below.

By:
__________________________ _______________________________ Catherine Lyons, Manager Manny Corea, Office of Safety, Mattress Recycling Council Compliance & Facilities Officer California, LLC City of Tulare
___________________________ ________________________________

DATE DATE
___________________________
MRC Legal Approval

8.3 General Business Page 35
ATTACHMENT A: SCOPE OF SERVICES
As part of the Services under this Agreement, the Service Provider will do the following:

1. Provide the Services necessary to Consolidate acceptable Program Products, up to the maximum number specified in Attachment D, that are dropped off by individual California residents, businesses (including Mattress retailers) or other entities, for pick up by Transportation Providers.

2. Include no Non-Program Products, no Non-Conforming Units and no Units that are unsuitable for recycling, including Units contaminated with bed bugs, in the Collection Containers.

3. Notify MRC assigned Transporter before collection containers are full to allow adequate time for Transporter to schedule pick-up services.

4. Provide to MRC a minimum of ninety (90) days’ advance notice of any Temporary Collection Events conducted by the Service Provider that include the collection of Program Products dropped off by individual California residents free of charge to be picked up by Transportation Providers at the Temporary Collection Event.

8.3 General Business Page 36
ATTACHMENT B: COMPENSATION RATES
Service Provider: City of Tulare
Service Description Unit Price
Program Product
Consolidation
MRC will compensate Service
Provider for all Program Products
dropped off by California residents,
businesses (including Mattress
retailers) or other entities; for which
a fee has not been collected and
which Service Provider
Consolidates in a Collection
Container.

The Service Provider will not place
Non-Program Products, NonConforming Units or Units that are unsuitable for Recycling, including
Units contaminated with bed bugs,
in Collection Containers.
$ 2.25 per Unit1
MRC and Service Provider hereby agree to the foregoing compensation rates, in accordance with the terms set forth herein.

MRC initials: _____ Service Provider initials: __
1 No sooner than one year following the effective date of this Agreement, and on an annual basis thereafter, the compensation rates may be adjusted based on actual percentage change to the Solid Waste Collection Producer Price Index (PPI) published by the Bureau of Labor Statistics (Series ID: PCU5621115621112) for the most recent available twelve-month period using published finalized numbers, not preliminary numbers. To be eligible for these adjustments, Service Provider makes a written request that is received by MRC no more than sixty days but at least thirty days in advance of the eligible adjustment effective date. No annual PPI adjustment will be made absent a written request. In each case, the PPI adjustment will be made for the most recent available and finalized twelve-month period only. Published preliminary PPI numbers released by the Bureau of Labor Statistics will not be included. Annual PPI adjustments that are not requested by Service Provider in accordance with this paragraph are forfeited.

8.3 General Business Page 37
ATTACHMENT C: MODEL INVOICE
Invoice Date: ________________________________
Service Provider:______________________________________________________ Collection Facility Location:_____________________________________________ Unique Identifying Invoice Number:_______________________________________ Dates of Service: _____________________________________________ Service
(refer to Attachment B of
Agreement for definitions of
below Service terms)
Quantity of
Units
Unit Price Invoiced
Amount
Program Product
Consolidation
$2.25 per Unit
TOTAL
The above invoice represents, to the best of my knowledge, complete and accurate information regarding the Services rendered and for which the Service Provider seeks payment through the Program. I hereby certify on behalf of the Service Provider that the attached back-up documentation is accurate.

Name: ______________________
Company Title: _____________________

8.3 General Business Page 38
ATTACHMENT D: COLLECTION FACILITY INFORMATION
Service Provider: City of Tulare
MRC and Service Provider hereby agree that all facilities listed in Attachment D are covered by the terms and conditions set forth in this Agreement.

MRC initials: _____ Service Provider initials: _____
Full name of site City of Tulare Corporation Yard
Full address of site 3989 S. K Street, Tulare, Ca. 93274 Phone number for general public 559-684-4325
Days/hours open to the public M-F 8am-5pm
Website address www.tulare.ca.gov
Contact person’s name and title Tiffany Connelley, Administrative Assistant Contact person’s phone number & email address 559-684-4252 [email protected] Maximum # of Units per vehicle, per day for
residents
10 Maximum # of Units per vehicle, per day for other
entities
10 Drop-off residency requirement? (list cities, towns, counties or eligible residential areas)
City of Tulare resident
Will Mattresses collected as part of bulky curbside
programs be placed in the MRC container? (Yes
or No, if yes, complete the supplemental table.)
No

8.3 General Business Page 39
ATTACHMENT E: COLLECTION SITE GUIDELINES
[see attached PDF]

8.3 General Business Page 40

Tulare City CouncilOctober 15, 2024

Tulare City Council
October 15, 2024