Agenda packet — Tulare City Council, January 21, 2025 (part 1 of 2)

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City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, January 21, 2025 491 North M Street, Tulare CA 93274 6:00 p.m. Special Meeting www.tulare.ca.gov 7:00 p.m. Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City Council meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation.

Additional meetings of the City Council may be called as needed.

Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.

Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
Dennis A. Mederos
City Council Meeting Agenda Tuesday, January 21, 2025
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NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Tulare is hereby called pursuant to section 54956 of the California Government Code.

1. CALL TO ORDER

2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS - Comments are limited to items to be discussed in closed session. Speaker will be allowed three minutes each per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

4. RECONVENE FROM CLOSED SESSION

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

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

7. CALL TO ORDER

8. PLEDGE OF ALLEGIANCE AND INVOCATION - Nick Anthony, Spiritual Care Pastor of Tulare First Baptist Church, to deliver an invocation.

9. PROCLAMATIONS & RECOGNITIONS

9.1 Recognize Members of the Tulare Athletic Boxing Club for Achievements.

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

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

12. COUNCIL REPORTS AND ITEMS OF INTEREST
6:00 p.m. Special Meeting
City Council Meeting Agenda Tuesday, January 21, 2025
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13. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

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

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

13.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of January 7, 2025. [M. Hermann]

13.3 Second Reading and Adoption of Ordinance 2025-02.

Recommended Action: Adopt Ordinance 2025-02 to adopt the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in Assembly Bill 481. [J. Hamlin]

13.4 Acceptance of Grant and Administrative Agreement for Cycle Park.

13.5 Police Department Access Controls and Lobby Reconfiguration.

13.6 Parking Lot Sub-Lease Modification Agreement.

Recommended Action: Approve a sub-lease modification agreement between Dennis A.

13.7 Notice of Completion for Public Works Offsite Storm Drain Improvements.

13.8 Grants of Easement for 709 Academy Avenue.

13.9 Police Department Citizen Complaint Review Board Annual Report.

Recommended Action: Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2024. [J. Stanley]
City Council Meeting Agenda Tuesday, January 21, 2025
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13.10 Purchase of One Chevrolet Truck for the Police Department.

Recommended Action: Award the purchase of one new/unused 2025 Chevrolet Silverado 1500 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $51,027.99, which includes all fees, tax, and shipping. [T.

Whitfield]

13.11 Allocation of Housing and Homelessness Incentive Program (HHIP) Grant.

13.12 Cartmill Commons Offsite Storm Dain Improvements Oversize Agreement.

13.13 Memorandum of Understanding with Tulare Police Officers Union.

13.14 Salary Schedule Amendment.

Recommended Action: Adopt a resolution amending the City’s 2024/25 salary schedule. [S.

Oneal; M. Zamora]

13.15 City Manager Marc Mondell Employment Agreement.

Recommended Action: Approve the Third Amendment to the Employment Agreement with City Manager Marc Mondell. [M. Zamora]

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

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

14.1 Downtown Tulare Property-Based Improvement District.

14.2 Southeast Tulare Transportation Infrastructure Improvements.

Recommended Action: Receive report regarding anticipated transportation infrastructure improvements in the southeast portion of the City. [M. Miller]

14.3 Loan Agreement with International Agri-Center.

Recommended Action: Approve the proposed Loan Agreement, Promissory Note, Security Agreement, and Short Form Deed of Trust and Assignment of Rents between the City of Tulare City Council Meeting Agenda Tuesday, January 21, 2025
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and International Agri-Center and authorize the City Manager to execute all necessary documents. [M. Mondell; M. Zamora]

14.4 Council Representation on Local and Regional Boards and Committees.

Recommended Action: Approve appointments of the City Council representatives to local and regional boards and committees. [M. Hermann]

15. FUTURE AGENDA ITEMS

15.1 Changing SR137 Route from M Street to Inyo to O Street to Inyo.

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

Submitted by: Vice Mayor Harrell

16. STAFF UPDATES

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

17.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, Assistant City Manager McDonnell, Human Resources Director Oneal, City Attorney Zamora Unrepresented Employee(s): Police Department Management Group

18. RECONVENE FROM CLOSED SESSION

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

20. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, February 4, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Friday, January 17, 2025 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: January 21, 2025 Agenda Memo
Date: January 17, 2025
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
6:00 p.m. Special Meeting

1. CALL TO ORDER

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

4. RECONVENE FROM CLOSED SESSION

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

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

7. CALL TO ORDER

8. PLEDGE OF ALLEGIANCE AND INVOCATION - Nick Anthony, Spiritual Care Pastor of Tulare First Baptist Church, to deliver an invocation.

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

9.1 Recognize Members of the Tulare Athletic Boxing Club for Achievements.

10. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter Tulare City Council Page 2
Agenda Memo - January 21, 2025
not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:10 p.m.]

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

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

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

13.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of January 21, 2025. [M. Hermann]

13.3 Second Reading and Adoption of Ordinance 2025-02.

Recommended Action: Adopt Ordinance 2025-02 to adopt the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in Assembly Bill 481. [J. Hamlin]
Summary: Assembly Bill (AB) 481 requires an ordinance to adopt the Tulare City Police Department Manual regarding use and inventory of military equipment. Staff has determined that in order to be in compliance with AB 481, Council must adopt the Tulare City Police Department policy to include all descriptions, quantities, training, and use of military equipment currently in possession and for future acquisitions of military equipment.

AB 481 requires law enforcement to seek approval for continued use of any military equipment that was acquired prior to January 1, 2022, and an annual review thereafter. Therefore, staff has listed and provided all equipment in possession of the Tulare City Police Department and will amend the policy to include all pertinent information regarding the use of military equipment.

This ordinance must be adopted as the Tulare City Police Department will continue to protect the preservation of the public peace, health, and safety as needed with said equipment.

This ordinance requires 3/5 votes to be approved as ordinance. If approved, the ordinance goes into effect 30 days after approval. The adopted policy must be posted on the City website so long as military equipment is used by the Police Department.

This ordinance was introduced and passed-to-print on January 7, 2025.

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

Legal Review: This item does not require legal review.

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

13.4 Acceptance of Grant and Administrative Agreement for Cycle Park.

Recommended Action: Adopt a resolution authorizing the City Manager to accept a grant (G24-03-04-G01) offer from the State of California Off Highway Motor Vehicle Recreation Division (OMHV) to the Tulare Cycle Park operating expenses not to exceed $459,199 for the year 2025 and to sign all applicable paperwork thereof. [M. Correa] Summary: A lease agreement with TEMMERMAN CORP ("Operator") aka DT1 MX Cycle Park was approved by Council with amendments for the operation of the Tulare Cycle Park starting on January 1, 2024, for five years.

A request has been made by the operator and approved by the OHMV for a Grant in the amount not to exceed $459,199 for reimbursement of a portion of its operating expenses for the year 2025 which requires the City to administer as a Grant sponsor.

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

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

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

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

13.5 Police Department Access Controls and Lobby Reconfiguration.

Recommended Action: Authorize the establishment of a Technology CIP appropriation of $79,703 and use of Technology CIP for purchase and installation of Access Controls for the Police Department; and authorize the City Manager to sign a contract for $72,457 for the purchase and installation of Access Controls for the Police Department with NTM Productions of Visalia California, utilizing the cooperative purchasing agreements “CA Entity PEPPM Contract #535122-190; Authorize the City Manager or designee to approve contract change orders up to 10%, or $7,246, of the original contract amount. [J. Bowling] Summary: The Police Department lobby has been the subject of multiple incidents of vandalism in recent months that have resulted in attempted break-ins to the Police Department as well as significant cleanup and replacement costs. Included in this contract is the addition of access controls and a video camera for the front door of the Police Department. Additionally, there will be a rugged call box installed outside that will allow the public to contact dispatch, similar to the phone in the lobby. Dispatch will have the ability to remotely open the door to allow a person into the lobby. This will enable the Police Department to establish hours when the lobby is closed, to reduce vandalism, while still providing the same level of service to the public.

The existing access control system in the Police Department was installed in 2008 and has reached the end of its useful life and is ready to be replaced. The proposed system is the same access control system that is in place at City Hall and the newly renovated Business Incubator Tulare City Council Page 4
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facility (formerly Tulare County Courthouse). This system integrates access controls with new video cameras to provide simplified verification of access.

PEPPM is a national purchasing cooperative serving education agencies and other public sector government agencies, including local governments throughout the United States. This contract is the result of a competitive process that was completed the Kern County Superintendent of Schools. The contract is valid from January 1, 2023 to December 31, 2025.

Fiscal Impact & Funding Source(s): This appropriation requires the use of Technology CIP Fund unassigned fund balance of $79,703.

Legal Review: The contract was reviewed by the city attorney.

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

13.6 Parking Lot Sub-Lease Modification Agreement.

Recommended Action: Approve a sub-lease modification agreement between Dennis A.

Mederos and Cathy M. Mederos, Husband and Wife, individually and doing business as DAMCO Investments; and authorize the City Manager to execute all necessary documents on behalf of the City. [M. Correa]
Summary: The term of the original lease commenced on November 1, 2014. The Leased Premises herein now consist of a parking lot area legally described as Lots 9 - 14 in Block 69 of the City of Tulare per Map recorded in Book 3, Page 36 of Maps (APNs: 176-126-004; 005).

The Owner of the Leased Premises is Matthew A. Quatacker, 2101 Wildcat Way, Porterville, California. Matthew A. Quatacker is now the Landlord under the primary Lease and as referenced in the Sublease.

This parking lot will be utilized if special event is to be conducted in an area near the Leased Premises, charge a fee for parking and retain the same during the event only. Landlord shall be responsible for utilizing the Leased Premises for that purpose and shall indemnify Tenant and its sub-tenant for any liability that may occur during said event. Subsequent to the event, Landlord shall return possession of the Leased Premises to Tenant." Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

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

13.7 Notice of Completion for Public Works Offsite Storm Drain Improvements.

Recommended Action: Accept as complete the required public works offsite storm drain improvements for the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street (a.k.a., Gem Street); authorize the City Engineer to sign a Notice of Completion (NOC); and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
Summary: As part of the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street, UG2 Tulare CA, LP (Developer) was required to restore the existing City basin located directly south of the proposed project to its original condition and repair/replace portions of the regional storm drain system that were partially constructed but left uncompleted by a previous development.

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The developer has completed construction of these public works improvements in accordance with the approved plans and specifications. City Council acceptance of the public improvements and recordation of a Notice of Completion is required to close out this project. The public works improvements constructed are eligible for reimbursement through the City’s oversize construction reimbursement policies. City Council will be asked to consider approval of an oversize construction reimbursement agreement for this project as a separate agenda item.

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

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

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Denying acceptance of the public work improvements and the NOC would prevent the City and developer from subsequently entering into an oversize construction reimbursement agreement in accordance with Chapter 8.64 of the Municipal Code; or 3) Table - Delaying acceptance of the public work improvements and the NOC would postpone Council’s consideration of an oversize construction reimbursement agreement with the Developer for oversized improvements constructed as part of his project.

13.8 Grants of Easement for 709 Academy Avenue.

Recommended Action: Authorize the City Manager to execute Grants of Easement from Cheryl Bickel, Trustee of The David C. Safina and Loyce Safina Trust dated November 21, 2005, for public utility and pedestrian access purposes along the north frontage of 709 Academy Avenue (APN-170-161-027); and authorize the City Manager or his designee to sign the Certificate of Acceptance for the same. [M. Miller]
Summary: Cheryl Bickel is constructing a new single-family residence located at 709 Academy Avenue (APN-170-161-027). As part of the building permit requirements, a 5-foot-wide sidewalk must be installed along the project’s frontage of Academy Avenue. The existing sidewalk configuration on Academy Avenue consists of a sidewalk located within a parkway strip. Due to the existing Academy Avenue right-of-way width, the proposed sidewalk would be located 2.2 feet outside the City’s right-of-way. Consequently, the City requires the property owner to dedicate a 2.2-foot pedestrian access easement to the City for that portion of the sidewalk that will be outside of the right-of-way. In line with City standards, the property owner must also dedicate a six-foot public utility easement behind the City’s current right-of-way. The Grants of Easement for the public utility easement and pedestrian access easement have been executed by the owner and await recordation pending Council approval. Certificates of Acceptance signed by the City Manager will need to be recorded along with the Grants of Easement.

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

Legal Review: The standard format of Grant of Easement and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - The property owner cannot proceed with the sidewalk construction until the issue of a portion of the sidewalk being located outside the right-of-way is resolved. Furthermore, a public utility easement outside the City’s right-of-way will not be secured for future use; or 3) Table - The property owner cannot proceed with the sidewalk construction until the issue of a portion of the sidewalk being located outside the right-of-way is resolved.

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13.9 Police Department Citizen Complaint Review Board Annual Report.

Recommended Action: Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2024. [J. Stanley]
Summary: On January 18, 1994, the City Council adopted Ordinance 1722 establishing a Police Department Citizen Complaint Review Board. The Ordinance requires an annual reporting to the City Council.

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

Together, the Police Department and the City Clerk’s Office received ten complaints forms during the year. Attached is the annual report for the calendar year 2024.

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

Legal Review: This item does not require legal review.

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

13.10 Purchase of One Chevrolet Truck for the Police Department.

Whitfield]
Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one (1) new/unused 2025 Chevrolet Silverado 1500 truck from National Auto Fleet Group, of Watsonville, CA in the amount of $51,027.99.

The proposed truck is a replacement unit as follows:

Replacement Unit New vehicle Cost Budget
Police – Investigations Unit #375 2025 Chevrolet Silverado $51,027.99 $45,000 The proposed truck will replace unit #375 which is a 2012 Ford F-150 truck that was programmed in the FY 2024/25 budget for replacement.

The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. In looking for vehicles, the Fleet Superintendent was made aware that there were vehicles available for immediate purchase. After going through the list and working with PD staff, it was determined that this truck met the needs of the department and due to time constraints, the City Manager approved the issuance of the purchase order to secure the truck.

Fiscal Impact & Funding Source(s): Funding for the purchase of the vehicle will come from the Fleet Replacement Funds for Police (Fund 604). The requested budget for the truck was $45,000 and the cost for new truck is $51,027.99. The Police Department budgeted $125,000 to replace three investigations unit this fiscal year. Staff is working to purchase those three units Tulare City Council Page 7
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within the total budget and will include trading in/auctioning two of the three replaced units. The additional cost of this unit will be covered by the overall replacement budget.

Legal Review: This item does not require legal review.

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

13.11 Allocation of Housing and Homelessness Incentive Program (HHIP) Grant.

Recommended Action: Approve the allocation of one-time Housing and Homelessness Incentive Program (HHIP) grant funds in the amount of $147,000 to an existing shower and hygiene services provider under the Encampment Resolution Funding Second Round Project according to the terms and conditions of the HHIP Program and those specified in Tulare County Agreement No. PA15478. [M. Anaya]
Summary: In January of 2024 the Community Development Department staff received notification from the County of Tulare Health and Human Services Agency (HHSA) of a onetime grant opportunity available to the County of Tulare through the managed care plan providers such as Anthem Blue Cross and Health Net. The Housing and Homeless Incentive Program (HHIP) is available to the County of Tulare sought and may supplement existing hygiene and related services for people experiencing homelessness under the City’s Encampment Resolution Funding project. Given that HHIP guidelines require the delivery of hygiene services and behavioral healthcare assessments, staff advised City Management to secure the one-time HHIP funds for the purpose of supplementing the shower and hygiene service implemented by the Clean the World Foundation under the City’s existing Encampment Resolution Funding (ERF) Program. Attached to this staff report is service agreement established in March 2024 between the City of Tulare and County of Tulare that obligates a total of $147,000 in HHIP funds for delivery of an eligible HHIP service for unhoused people within the City of Tulare. If approved as presented, the allocation of HHIP grants will permit the continuation of shower and hygiene services for unhoused people residing at the City’s temporary encampment area through about the middle of April 2025.

HHIP Program Background
Grantees must utilize funds to promote access to hygiene services that create a point of connection and service delivery in an efficient manner, which also provides a direct personal and health benefit to those who engage in this service. Individuals served will be connected to the homeless response system and screened for additional benefit eligibility. HHIP is a voluntary incentive program that will enable Medi-Cal managed care plans to earn incentive funds for making progress in addressing homelessness and housing insecurity as social determinants of health. The MCPs Blue Cross of California Partnership Plan, Inc. and its affiliates (“Anthem”), and Health Net, LLC ("Health Net'') and California Health & Wellness Plan (“CHW”), sometimes collectively referred to as “the Health Plan,” have engaged in strategic planning discussions with the Kings Tulare Homeless Alliance and the Tulare County Health & Human Services Agency, and other community partners relating to local areas of need and opportunity in serving unhoused individuals in Tulare County.

Fiscal Impact & Funding Source(s): If approved as presented, the allocation of a HHIP grant in the amount of $147,000 will enable the City to amend an existing service agreement with the Clean the World Foundation and continue shower and hygiene services for a fixed period of time at no impact to the General Fund or other grant sources.

Legal Review: This item does not require legal review.

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Alternative Action: 1) Approve with changes - Community Development Department will adjust the allocation amount and/or terms of the HHIP grant with consent of the Board of Supervisors of the County of Tulare; 2) Deny - The City will incur costs for the provision of shower and hygiene service in excess of available grant funds; or 3) Table - Rescheduling consideration of this item to a later City Council meeting may increase the amount of shower and hygiene shower costs that are not billable to a grant source.

13.12 Cartmill Commons Offsite Storm Dain Improvements Oversize Agreement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with UG2 Tulare CA, LP, a Delaware Limited Partnership for construction costs associated with the Cartmill Commons commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager; authorize a transfer from the Storm Drain Facilities Development Impact Fee Fund (Fund 301) to the General Fund (Fund 001) of $406,649.30; and authorize the establishment of $406,649.30 appropriation in the General Fund Oversize Liability – Principal (001-4751-8206) account for the payment of the reimbursement attributable to new growth. [M. Miller] Summary: As part of the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street (a.k.a., Gem Street), UG2 Tulare CA, LP (Developer) is required to restore the existing City basin located directly south of the proposed project to its original condition and repair/replace portions of the regional storm drain system that were partially constructed but left uncompleted by a previous development. These improvements are required to serve regional needs beyond what is required for just this development. Costs associated with the supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached oversize construction reimbursement agreement for storm drain improvements identifies work completed by the Developer, at the City’s request, for the benefit of the City’s overall storm drain system. The oversize construction reimbursement agreement identifies work that is reimbursable under the City’s oversize reimbursement policy and specifies that the City will reimburse the developer for their eligible expenditures within 45 days of a Notice of Completion being filed for the work.

Fiscal Impact & Funding Source(s): Sufficient fund balance exists in the Streets & Traffic Signals Development Impact Fee Fund to accommodate the transfer of $406,649.30 to the General Fund to cover the cost of oversize reimbursement.

Fund 301 (DIF – Storm Drain Facilities) $406,649.30
Legal Review: The City Attorney has reviewed and approved as to form the template used to create the final storm basin oversize reimbursement agreement.

Alternative Action: 1) Approve with changes - Minor changes would likely result in no impact; 2) Deny - The City entered into a preliminary oversized construction reimbursement agreement with the developer prior to start of construction for the work. Per the provisions of the fee mitigation act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits; or 3) Table - A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

Tulare City Council Page 9
Agenda Memo - January 21, 2025

13.1 Memorandum of Understanding with Tulare Police Officers Union.

Recommended Action: Adopt the Three-Year Memorandum of Understanding (July 1, 2024 through June 30, 2027) by and between the City of Tulare and the Tulare Police Officers Union (TPOU). [S. Oneal; M. Zamora]
Summary: The City has reached an agreement with TPOU. Staff is presenting the Three-Year Memorandum of Understanding (MOU) for a period of July 1, 2024 though June 30, 2027 for Council approval. This MOU outlines agreed upon changes, which includes an agreement to meet/confer during the term of this agreement to update the MOU for language clarification and legal updates only. This MOU further outlines agreed upon changes to salary and benefits.

Following is a summary of the main points of the salary and benefits changes as authorized by City Council and accepted by TPOU.

Term
Three-year term July 1, 2024-June 30, 2027 with retroactivity for base pay, and overtime included).

Salary
Four percent (4.0%) increase retroactive to the pay period beginning on July 13, 2024.

Four percent (4.0%) increase effective with the first full pay period in July 2025.

Four percent (4.0%) increase effective with the first full pay period in July 2026.

Service Pay
In addition to the current steps, increase to 3.5% at 15 years, and add 4.0% at 20 years of service. Previous law enforcement service to be counted and definitions added for clarification.

Bilingual Pay
Increase from 2.5% to 3.0% of base salary.

Uniform Allowance
Increase to $1,300 annually.

Specialty Assignment Pay
SWAT/Hazard pay of 2.5% in addition to the current annual incentive of $1,200.

Field Training Officer (FTO’s) pay of 2.5% of base pay to selected FTO’s regardless of whether they are assigned a trainee.

Education/Certificate Incentive Pay
Intermediate POST increased to 2.5%
Advanced POST increased to 5.0%
Certificate pay would not compound, and officers are limited to highest percentage of certificate achieved. Current Education pay would remain 5.0%
Long Term Disability
City will contribute 100% of monthly cost to the Long-Term Disability Plan.

Meet/Confer
The City and TPOU agree to meet/confer to review the MOU to make any State law changes, incorporate previously made agreements into the MOU, update any language needing clarification. No new benefits or increases will be discussed.

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Agenda Memo - January 21, 2025
Fiscal Impact & Funding Source(s): Approximately $1,600,000 over the course of 3 years, all to be provided by the General Fund. An additional appropriation of $325,000 will be needed to fund this year’s salary increases that were more than what was originally anticipated in the adopted budget. The increases in later years will be included in future budgets.

Legal Review: This item has been reviewed by the City Attorney.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the TPOU MOU is not approved, the current MOU will continue to be operational until such time as an agreement is reached.

13.2 Salary Schedule Amendment.

Recommended Action: Adopt a resolution amending the City’s 2024/25 salary schedule. [S.

Oneal; M. Zamora]
Summary: This fiscal year, the City has been conducting negotiations with various bargaining units. The City and Tulare Police Officers Union (TPOU) have reached an agreement that includes a salary increase of four percent (4.0%) effective July 13, 2024. The City has also reached an agreement with the City Manager position that includes a salary increase of four percent (4.0%) effective October 5, 2024.

This proposed salary schedule reflects the updated salaries for these positions.

Fiscal Impact & Funding Source(s): The fiscal impact and funding sources for the salary increases were included in the contract approval items.

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

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

13.3 City Manager Marc Mondell Employment Agreement.

Recommended Action: Approve the Third Amendment to the Employment Agreement with City Manager Marc Mondell. [M. Zamora]
Summary: The City of Tulare entered into an Employment Agreement with Marc Mondell for the position of City Manager on September 27, 2022. This Third Amendment to the Agreement reflects the City's ongoing commitment to retaining highly qualified personnel and ensuring competitive compensation and benefits.

Summary of Amendment
The Third Amendment modifies and adds certain provisions to the Employment Agreement, effective November 5, 2024. Key changes include:
• Term: The term of the agreement remains through September 27, 2026. • Base Salary Increase: Provides a 4% increase to the City Manager's annual base salary, raising it to $242,570.76.
• Benefit and Allowance Increases: Increases the monthly allowances for vehicle, cell phone, and deferred compensation.
• New Benefits: Adds the following new benefits:
o Certification pay stipend for ICMA & AICP certifications. o Annual event expense allowance.
o Continuing education reimbursement.
o Concierge medical care allowance.

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Agenda Memo - January 21, 2025
o Travel reimbursement for incidental expenses.

This Amendment recognizes the City Manager's performance and contributions to the City. It also ensures that his compensation and benefits remain competitive with those offered to similar positions in comparable municipalities and support the City Manager's Professional development, well-being, and ability to effectively perform his duties.

Fiscal Impact & Funding Source(s): The total cost of this package is $30,000 and will be absorbed by salary savings for other positions.

Legal Review: This has been reviewed by the City Attorney.

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

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:00 p.m.]

14.1 Downtown Tulare Property-Based Improvement District.

Recommended Action: Receive a presentation by NBS Consulting regarding the Downtown Tulare Property-Based Improvement District (PBID) and appoint a committee to assist with outreach efforts. [G. Gonzalez]
Summary: In the spring of 2024, City staff contracted NBS Consulting to conduct a special assessment of the Downtown District to determine the funding required for its enhancement.

This assessment will inform the City's decision to propose a fee on property owners of downtown buildings, which would enable the City to provide improved services and activities that would enhance the downtown area's vitality and promote economic development.

In this assessment, the Downtown District is divided into two zones (A & B), each receiving different levels of services based on its activity levels. Zone A, which experiences higher activity, will receive more frequent and specialized services, while both zones will benefit from the same core services. The study focused on several key areas for improvement, including enhanced cleaning and maintenance, safety, and homeless mitigation, and increased economic activity.

The image below shows the parcels located in Zone A and Zone B for the proposed services and activities.

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Agenda Memo - January 21, 2025
Below is a tentative list of services and activities, along with a proposed schedule for each zone:

These services will benefit the entire downtown area. Enhanced cleaning and maintenance will improve the district's aesthetic, while increased patrols will strengthen public safety, ultimately fostering greater economic activity.

To fund these services, the City must propose a fee that will be subject to a vote by property owners. The City needs approval from at least 50% + 1 of the responding property owners for Tulare City Council Page 13
Agenda Memo - January 21, 2025
the fee to be enacted. If approved, the fee will remain in effect for five years, after which it will be subject to another vote for renewal.

To better inform property owners, City staff request that the City Council appoint a committee to conduct outreach, discuss the proposed fee, and gather feedback. Staff recommend that the committee include the following individuals:
• Patrick Isherwood, Mayor (Chairman)
• Donnette Silva Carter, President Tulare Chamber of Commerce (or her assign) • John Harman, Director (Tulare Downtown Association) (or his assign) • Marc Mondell, City Manager
• Gladys Gonzalez, Senior Management Analyst (Economic Development) Fiscal Impact & Funding Source(s): This item has no immediate fiscal impact. Future impact may result in the form of revenue to the City.

Legal Review: This item was reviewed and approved by legal counsel.

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

14.2 Southeast Tulare Transportation Infrastructure Improvements.

Recommended Action: Receive report regarding anticipated transportation infrastructure improvements in the southeast portion of the City. [M. Miller] Summary: Given the amount of new development that is occurring in the southeast portion of the City, Council requested that staff prepare a report showing anticipated infrastructure improvements that will mitigate the resulting traffic impacts to City roadways. The resulting staff report, which is attached, provides a high level overview of the improvements that are either anticipated to be constructed by private development projects, or by the City through its Capital Improvement Program.

Fiscal Impact & Funding Source(s): The transportation infrastructure improvements identified in the attached report will rely on a combination of various public and private funding sources.

Improvements that will be completed as part of the City’s Capital Improvement Program will be subject to City Council review and approval, at which time detailed cost estimates and proposed funding sources will be presented. Improvements constructed as a part of private development projects that are eligible for oversize construction reimbursement in accordance with Chapter

8.64 of the Municipal Code will be subject to Council approval through oversize construction reimbursement agreements.

Legal Review: This item does not require legal review.

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

14.3 Loan Agreement with International Agri-Center.

Recommended Action: Approve the proposed Loan Agreement, Promissory Note, Security Agreement, and Short Form Deed of Trust and Assignment of Rents between the City of Tulare and International Agri-Center and authorize the City Manager to execute all necessary documents. [M. Mondell; M. Zamora]
Summary: The City of Tulare has been approached by the International Agri-Center, a California nonprofit corporation, with a request for a loan of up to $2,500,000.00. The International Agri-Center plans to use the loan to address operational needs and to support Tulare City Council Page 14
Agenda Memo - January 21, 2025
infrastructure improvements, including a new overpass and alignment that are critical for its long-term success. These improvements are expected to enhance the organization's ability to host agricultural and community events, including the World Ag Expo and the California Antique Equipment Show, which significantly contribute to the local economy.

The loan will be secured by a Short Form Deed of Trust and Assignment of Rents on property owned by the International Agri-Center. A Promissory Note will govern repayment terms, and a Security Agreement will outline additional terms and conditions to protect the City’s interests.

Fiscal Impact & Funding Source(s): The loan will be funded by the Tulare County Association of Governments and is contingent upon the City of Tulare receiving the loan amount from the Tulare County Association of Governments. The loan repayments are scheduled according to the terms of the Promissory Note. The City anticipates no adverse fiscal impact.

Legal Review: This item has been reviewed by the City Attorney.

Alternative Action: 1) Deny the Loan Request; 2) Modify Loan Terms; or 3) Request Further Analysis.

14.4 Council Representation on Local and Regional Boards and Committees.

Recommended Action: Approve appointments of the City Council representatives to local and regional boards and committees. [M. Hermann]
Summary: Following the General Municipal Election, the City Council considers appointment of City Council representation on local and regional boards and committees. The current appointments are attached for Council review. Council may choose to maintain the current representation with the exception of the Tulare County City Selection Committee which is made up of the mayors of all eight incorporated cities in Tulare County. The new mayor will serve on this committee and designate an alternate.

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

Legal Review: This item does not require legal review.

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

15. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:30 p.m.]

15.1 Changing SR137 Route from M Street to Inyo to O Street to Inyo.

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

Submitted by: Vice Mayor Harrell

16. STAFF UPDATES [Time Estimate: 9:35 p.m.]

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 9:40 p.m.]

17.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: City Manager Mondell, Assistant City Manager McDonnell, Human Resources Director Oneal, City Attorney Zamora Unrepresented Employee: Police Department Management Group

18. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:00 p.m.] Tulare City Council Page 15
Agenda Memo - January 21, 2025

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

20. ADJOURNMENT [Time Estimate: 10:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, February 4, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

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CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, January 7, 2025
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; Assistant City Attorney Megan Crouch; Chief Deputy City Clerk Melissa Hermann; Assistant Finance Director Melanie Gaboardi; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director Mario Anaya; Executive Director of Economic Development and
Redevelopment Traci Myers; Chief Technology Officer Jason Bowling

1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the City Council at 7:02 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
City Manager Marc Mondell led the Pledge of Allegiance, and an invocation was given by Caleb Byron, Associate Pastor of First Baptist Church of Tulare.

3. PUBLIC COMMENT
Ashley Vega of Leadership Counsel expressed her gratitude to Council for approving the Zoning Ordinance with recommendations made by the Leadership Counsel.

Donnette Silva-Carter of the Tulare Chamber of Commerce provided updates on Chamber events and expressed her gratitude to Traci Myers.

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

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

6. CONSENT CALENDAR
Item 6.3 was removed from the Consent Calendar by Council.

It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the items on the Consent Calendar as presented except for item 6.3.

Item #: 13.2
Consent
City Council Meeting Minutes Tuesday, January 7, 2025
City of Tulare Page 2 of 5

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

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

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 17, 2024. [M. Hermann]

6.4 Adoption of Chapter 10 of the Caltrans Local Assistance Procedures Manual.

Recommended Action: Adopt a resolution adopting Chapter 10 of the Caltrans Local Assistance Procedures Manual governing consultant selection for State and Federally funded transportation projects. [M. Miller]

6.5 Acceptance of Grant Deed for Eastgate Avenue Street Right-of-Way.

Recommended Action: Accept a Grant Deed from Paula C. Ametjian, General Partner of the Armistre Ametjian Staley Family Limited Partnership and Trustee of the Paula C.

Ametjian Separate Property Trust, for right-of-way along the north side of Eastgate Avenue between Mountain View and Aronian Streets. Authorize the City Manager or his designee to sign the Certificate of Acceptance for the same. [M. Miller]

6.6 Capital Improvements Project Dashboard for January 2025.

Recommended Action: Accept the Capital Improvements Project Dashboard for January 2025. [M. Miller]

6.7 Tulare-Kings County Regional Hazardous Materials Team MOU.

Recommended Action: Authorize the City Manager to approve and sign the amendment and extension of the Memorandum of Understanding (MOU) between Tulare-Kings County Regional Hazardous Materials (RHM) Team and the City of Tulare for an additional five-year term, starting on July 1, 2024 and ending on June 30, 2029. [M. Ott]

6.8 Second Reading and Adoption of Ordinance 2025-01.

Recommended Action: Adopt Ordinance 2025-01 adopting Zone Amendment No. 756 approving a Comprehensive Update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code). [M. Anaya]

ITEM(S) PULLED FROM CONSENT CALENDAR

6.3 Prosperity & West Traffic Signal Project - Design Consultant Task Order.

Recommended Action: Review and approve the amended project scope for the design and construction support services of a new traffic signal and intersection improvements at Prosperity Avenue and West Street (Project EN0088); authorize the City Manager or designee to sign a task order amendment with QK of Visalia, CA, in an amount not to exceed $88,600 for updated contract documents, right-of-way services to assist SCE with required utility pole relocation, bidding assistance, and construction support services; and authorize the City Manager or designee to approve change orders in an amount not to exceed 10% of the revised task order amount. [M. Miller] Council Action: Councilmember Sigala pulled this item for clarification. Questions posed by Council were responded to by staff. It was moved by Councilmember Sigala to approve the item to include direction to staff to bring back a resolution of necessity on February 18.

The motion failed to receive a second. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

City Council Meeting Minutes Tuesday, January 7, 2025
City of Tulare Page 3 of 5

7. PUBLIC HEARING

7.1 Assembly Bill 481 Annual Review.

Recommended Action: Pass-to-Print an ordinance to adopt the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in Assembly Bill 481.

Presented By: Police Chief Fred Ynclan
Public Comment: The public hearing was opened at 7:28 p.m. Receiving no public comment, the public hearing was closed at 7:28 p.m.

Council Action: It was moved by Vice Mayor Harrell and seconded by Councilmember Sayre to approve the item as presented. Mayor Isherwood called on the clerk to poll the Council. The motion passed 5 to 0 as follows:

Ayes: Vice Mayor Harrell, Councilmember Sayre, Councilmember Mederos, Councilmember Sigala, Mayor Isherwood
Noes: None

7.2 Economic Development Subsidy Term Sheet with UG2 Tulare CA, LP.

Recommended Action: Approve an amended Economic Development Subsidy Term Sheet setting forth the terms and conditions of the City’s rebate of Local Sales Tax to UG2 Tulare CA, LP for installation of required infrastructure to serve development on 22 acres of vacant property located at the southeast corner of Highway 99 and Cartmill Avenue; and authorize the City Manager to execute an agreement upon City Attorney approval, incorporating the terms and conditions set forth in the Economic Development Subsidy Term Sheet presented for Council’s approval; authorize the City Manager, or designee, to take such other actions and execution of other documents as may be necessary to implement the agreement.

Presented By: Executive Director of Economic Development Traci Myers Public Comment: The public hearing was opened at 7:34 p.m. Receiving no public comment, the public hearing was closed at 7:35 p.m.

Council Action: It was moved by Councilmember Mederos and seconded by Vice Mayor Harrell to approve the item as presented. Mayor Isherwood called on the clerk to poll the Council. The motion passed 5 to 0 as follows:

Ayes: Councilmember Mederos, Vice Mayor Harrell, Councilmember Sayre, Councilmember Sigala, Mayor Isherwood
Noes: None

8. GENERAL BUSINESS

8.1 Zumwalt Park Amphitheater Operator Agreement Second Amendment.

Recommended Action: Approve and authorize the City Manager to execute the Zumwalt Park Amphitheater Operator Agreement Second Amendment with Spade Entertainment and authorize an increase to General Fund appropriations and use of General Fund fund balance as necessary for previously unbudgeted expenditures associated with the amendment.

Presented By: City Manager Marc Mondell
Public Comment: There were no public comments.

Council Action: Questions posed by Council were responded to by staff and Todd Speelman of Spade Entertainment. Councilmember Sigala stated he agreed with everything except for the “in kind” repayment in regard to the artist deposit account. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 1 (Councilmember Sigala voting no) to approve the item as presented.

City Council Meeting Minutes Tuesday, January 7, 2025
City of Tulare Page 4 of 5

8.2 Police Department Citizen Complaint Review Board Appointments.

Recommended Action: Appoint members to the Police Department Citizen Complaint Review Board to serve a term expiring December 31, 2026.

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

Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to appoint Jennifer Burcham (Council District 1), Julie Leighty (Council District 2), Brady Brown (Council District 3), Karen Presant (Council District 4), and Jennifer Hales (Council District 5) to serve on the Police Department Citizen Complaint Review Board for a term expiring December 31, 2026. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to appoint Danny Giotto and Duane Goree Jr. to serve as the at-large appointments on the Police Department Citizen Complaint Review Board for a term expiring December 31, 2026.

8.3 Economic Development Update.

Recommended Action: Receive an update on economic development activities for the City of Tulare.

Presented By: Executive Director of Economic Development Traci Myers Public Comment: There were no public comments.

Council Action: This was an informational item; therefore, no was action taken.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES
Staff provided updates on department activities.

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

11.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code §54956.9(d)(2) or (3): 1 case Name of Case: Michael Machado v. City of Tulare
Workers’ Compensation Case #: FR240068
Council recessed to closed session at 8:36 p.m.

12. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 9:05 p.m.

13. CLOSED SESSION REPORT
Mayor Isherwood advised there was no reportable action.

14. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 9:05 p.m.

City Council Meeting Minutes Tuesday, January 7, 2025
City of Tulare Page 5 of 5
These meeting minutes were approved by the Council on January 21, 2025.

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Police
Submitted by: Jon Hamlin, Police Lieutenant
Agenda Title: Second Reading and Adoption of Ordinance 2025-02

RECOMMENDED ACTION
Adopt Ordinance 2025-02 to adopt the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in Assembly Bill 481.

SUMMARY
Assembly Bill (AB) 481 requires an ordinance to adopt the Tulare City Police Department Manual regarding use and inventory of military equipment. Staff has determined that in order to be in compliance with AB 481, Council must adopt the Tulare City Police Department policy to include all descriptions, quantities, training, and use of military equipment currently in possession and for future acquisitions of military equipment.

This ordinance must be adopted as the Tulare City Police Department will continue to protect the preservation of the public peace, health, and safety as needed with said equipment.

This ordinance was introduced and passed-to-print on January 7, 2025.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Ordinance 2025-02
Reviewed/Approved:

Item #: 13.3
Consent

13.3 Consent Page 1
ORDINANCE 2025-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

REVISING THE POLICY MANUAL FOR THE TULARE POLICE DEPARTMENT ADDING THE

MILITARY EQUIPMENT USE POLICY
WHEREAS, AB 481 was adopted regulating law enforcement agency’s use of military equipment and requires approval of continued use of military equipment and knowledge of all equipment in possession of law enforcement agency; and
WHEREAS, the Tulare City Police Department is in possession of military equipment as defined by AB 481, and will continue use of said equipment in order to protect its residents as needed; and
WHEREAS, the Tulare City Council desires to be in compliance with AB 481 and approves adding the below sections to Tulare City Police Department manual.

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

SECTION 1. After receiving a staff report, discussion and any public comment, the City Council finds:
1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4) Corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5) The policy was placed on the City’s website 30 days prior to City Council consideration of this item.

SECTION 2. The policy adopted by the City Council shall be made publicly available on the City’s website for as long as the military equipment is available for use.

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

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

13.3 Consent Page 2
ORDINANCE 2025-02

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 21st day of January 2025.

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

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

13.3 Consent Page 3
708.4.1

MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the department:
708.4.2 UNMANNED AIRCRAFT SYSTEMS (UAS)
Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Quantity: 4.

Capabilities: Sustained flight controlled by a remote pilot on the ground.

Expected Lifespan: 5 to 10 years.

Product Description: Commercially available platforms for aerial productivity combining a configurability to work as a solution for a variety of industrial applications with flight safety and data security features.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public (Policy 613.1).

Training Required: Federal Aviation Administration (FAA) Part 107 License and Department provided monthly training.

Initial Cost: $11,000.
708.4.3 FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Quantity: 68.

Capabilities: Fires a lethal projectile.

Expected Lifespan: 20+ years.

Product Description: Patrol rifle of.223 or 5.56 caliber.

Purpose and Authorized Use: May be deployed in any circumstance where personnel can

13.3 Consent Page 4
articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).

Training Required: 16-hour POST approved course with qualification and annual training with requalification.

Initial Cost: $68,000. Annual Cost: N/A.

Ammunition Inventory:
(10,000) Federal 62gr ball.223 (this is for training and is a fluid number due to usage) Cost: $4,000
(4,000) Speer Gold Dot 62gr.223 (duty and is a fluid number due to usage) Cost: $2,100
708.4.4 40MM PROJECTILE LAUNCHER
Description: Less lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile.

Quantity: 5
Capabilities: Fires a less lethal kinetic energy projectile.

Expected Lifespan: 20+ years.

Product Description:
(4) Armor Holdings 40mm SingleShot Launcher
(1) Penn Arms 40mm 6 shot launder.

Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).

Training Required: Training and qualification once per year.

Initial Cost: $5,000 (estimated as these were purchased several years ago) Annual Cost: N/A.

Projectile Inventory:
(27) 40mm Sponge/Foam Impact Rounds #6325 and #6326
(20) 40mm Liquid CS Penetrator Round #1262
(3) 40mm Foam Baton #4557
(14) 40mm Stinger 60 caliber rubber ball smokeless powder

13.3 Consent Page 5
(2) 40mm No. 40B “Stinger” smokeless powder multiple .60 caliber rubber ball round #6097 (3) 40mm No. 40W Smokeless powder multiple wood baton round #6098 Cost: $2,000
708.4.5 MILITARY EQUIPMENT INVENTORY - SWAT
The following constitutes an inventory of previously purchased equipment deemed to be military as defined by this policy. The equipment in this section is primarily used by members of the Special Weapons and Tactics (SWAT) Team.

FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire one or more projectile(s) through a rifled bore for each pull of the trigger.

Inventory:
(12) M400 Sig Sauer 5.56/.223 caliber rifles
(4) Ruger Precision Rifle.308 caliber
(1,800) Hornady TAP.308 (Precision Rifle and is a fluid number due to usage ) Cost: $1,800
Capabilities: Fires a lethal projectile.

Expected Lifespan: 20+ years.

Product Description: Patrol rifle of.223, 5.56, and.308 caliber.

Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).

Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year. For Ruger Precision Rifles (.308) initial week long training then biannual qualification.

Initial Cost: $26,800.

Annual Cost: N/A.

13.3 Consent Page 6
708.4.6 ARMORED RESCUE VEHICLE
Description: An armored rescue vehicle deployed during high-risk incidents, special events, and community outreach.

Quantity: One.

Capabilities: Mobile armored vehicle to support high-risk deployments.

Expected Lifespan: 15 years.

Product Description: Mine Resistant Ambush Proof (MRAP) Vehicle, steel armor construction.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while transporting first responder personnel and/or community members to/from high-risk situations.

Provide a mobile platform for safe personnel deployments.

Training Required: Class B driver's license.

Initial Cost: $35,000.

Annual Cost: $6,000.
708.4.7 CHEMICAL AGENTS
Description: Less lethal device utilized to deploy and discharge that are released when deployed.

Capabilities: Designed to deliver chemical agents during high-risk situations.

Expected Lifespan: 5 years.

Product Description: Individual, single use canisters of CS, CN or OC gas.

Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308).

Training Required: Training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year.

Inventory:
(5) Riot CS Smoke #5230
(10) OC-V Aerosol Grenade # 6340
(5) CS-V Aerosol Grenade #6330
(7) Flameless Tri-Chamber CS
Initial Cost: $1,500.

Annual Cost: Recurring purchase as needed.

13.3 Consent Page 7
708.4.8 PEPPERBALL LAUNCHER
Description: Less lethal launcher which uses a high pressure air system to launch kinetic energy impact munition
Quantity: 4 PepperBall FTC.68 caliber semi-auto multi-launcher Capabilities: Fires a less lethal kinetic energy projectile.

Expected Lifespan: 20+ years.

Product Description:
• PepperBall FTC.68 caliber, semi-auto multi-launcher
Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).

Training Required: Training and recertification once per year.

Initial Cost: $2,000
Annual Cost: N/A
PepperBall Projectiles Inventory:
(90) PepperBall "Live Projectile"
(90) PepperBall "Live-X Projectile" More concentrated round Initial Cost: $450
Lifespan: 3 years
708.4.9 NOISE FLASH DIVERSIONARY DEVICE (NFDD)
Description: Device that produces a loud sound with a bright light that is intended to cause confusion and distraction.

Quantity: 16.

Capabilities: Distraction device used to minimize the risks to all parties by the temporary distraction or disorientation of potentially violent or dangerous suspects.

Expected Lifespan: 5 years.

Product Description: Separating fuse affixed to a non-bursting steel canister.

Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects.

Training Required: Training and recertification twice per year.

Initial Cost: $480.

13.3 Consent Page 8
Annual Cost: Recurring purchase as needed.
708.4.10 ROBOTIC SCOUT/ROBOT
Description: ICOR Technology Mini-Caliber drivable remote controlled platform that is equipped with a camera allowing the operator to obtain instantaneous video within indoor and outdoor environments.

Quantity: One.

Capabilities: Remote operated, drivable platform capable of transmitting live video from a forward facing camera.

Expected Lifespan: 10 Years.

Product Description: A medium sized remote operated platform equipped with a camera capable of being driven several hundred feet from operator while transmitting video back to the operator.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public.

Training Required: None.

Initial Cost: $60,000 (purchased through a grant)
Annual Cost: N/A.

13.3 Consent Page 9
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Acceptance of Grant and Administrative Agreement for Cycle Park

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to accept a grant (G24-03-04-G01) offer from the State of California Off Highway Motor Vehicle Recreation Division (OMHV) to the Tulare Cycle Park operating expenses not to exceed $459,199 for the year 2025 and to sign all applicable paperwork thereof.

SUMMARY
A lease agreement with TEMMERMAN CORP ("Operator") aka DT1 MX Cycle Park was approved by Council with amendments for the operation of the Tulare Cycle Park starting on January 1, 2024, for five years.

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

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

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

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

ATTACHMENTS

1. Resolution

2. Administrative Cycle Park Agreement for G24-03-04-G01

3. G24-03-04-G01 Draft Project Agreement
Reviewed/Approved:

Item #: 13.4
Consent

13.4 Consent Page 1
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FOR THE STATE OF

CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, OFF-HIGHWAY VEHICLE GRANT IN THE AMOUNT OF $459,199
WHEREAS, the people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for Operation and Maintenance, Restoration, Law Enforcement, and Education and Safety for off-highway vehicle recreation; and
WHEREAS, the Off-Highway Motor Vehicle Recreation Division (OHMV) with the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and
WHEREAS, procedures established by the California Department of Parks and Recreation require the Applicant’s Governing Body to certify by resolution the approval to receive grant funding from the Off-Highway Motor Vehicle Grant funds; and WHEREAS, the City of Tulare (Applicant) has entered into a lease agreement with TEMMERMAN CORP aka DT1 MX Cycle Park (Operator) for the operation of the Tulare Cycle Park; and
WHEREAS, the Operator wishes to apply for an OHMV Grant for reimbursement of a part of the Operator’s operating expenses for 2024-2025; and WHEREAS, the Applicant will administer the Grant in accordance with the Grant Administrative Agreement (Agreement) authorized by this resolution and will charge an 8% administrative service fee as agreed as sponsor; and
WHEREAS, this Project appears on, or is in conformance with, this jurisdiction’s adopted general or master plan and is compatible with the land use plans of those jurisdictions immediately surrounding the Project.

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

Section 1. The grant funding from the Off-Highway Vehicle Grant or Cooperative Agreement Program is hereby approved to be received.

Section 2. It is hereby certified that this agency understands its legal obligations to the State upon approval of the Grant.

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

Section 4. It is hereby certified that the Project will be well-maintained during its useful life.

13.4 Consent Page 2
Resolution 2025-XX

Page 2 ends

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

Section 6. It is hereby certified that this agency will provide the required matching funds.

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

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 21st day of January 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

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

13.4 Consent Page 3

Page 1 of 5 ends

ADMINISTRATIVE CYCLE PARK AGREEMENT FOR G24-03-04-G01

This Administrative Cycle Park Agreement for 2024-2025 (“Agreement”) is made between the City of Tulare and Temmerman Corp. Inc., for the City to apply for and administer State of California Off Highway Motor Vehicle Recreation Division Grant (“OHMVR”) funding for the grant year of 2024 – 2025 and to allow Temmerman Corp to use the eligible funding for the operations of the Tulare Cycle Park (“Cycle Park”)
RECITALS:

WHEREAS, Temmerman Corp leases property known as the “Cycle Park” from City of Tulare via a lease agreement effective January 1, 2024 (“Lease Agreement”); WHEREAS, the City of Tulare is seeking to use eligible grant funding for the grant year of 2024 – 2025, for qualified projects related to the operation of the Cycle Park; WHEREAS, the City of Tulare is qualified and approved to apply for grant funding from OHMVR and will apply for and administer grant funding;
WHEREAS, the City of Tulare will retain four percent (8%) of the grant funds eligible as reimbursement for any and all costs associated with the administration of the grant and submissions required by OHMVR as Temmerman Corp; and
WHEREAS, the City of Tulare will give monthly payments to Temmerman Corp, as identified in grant agreement G24-03-04-G01, a sum of $31,108.66 to operate the Cycle Park according to the terms of the grant agreement and lease agreement.

WITNESSED:

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

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

13.4 Consent Page 4

Page 2 of 5 ends

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

C. Financial Responsibility
i. Temmerman Corp agrees to forward funds received from Cycle Park’s gate receipts and other monthly revenues to the City of Tulare each month. This will be in addition to the payments provided through the Lease Agreement. These funds will equal the City of Tulare’s match requirements as identified in G24-03-04-G01. Any other expenses the City of Tulare incurs for Cycle Park during the grant period that are not allowed or included within the grant will also be covered by Temmerman Corp with Cycle Park’s revenues.
ii. Funds will be accrued from Cycle Park’s gate receipts and other revenues in order to allow the City of Tulare to make the requested eligible Grant matching requirements.

Should the fund balance from Temmerman Corp drop to a level below the required grant contributions and matching payments amount, Temmerman Corp will be required to bring the balance to a level that will allow the required payments to be made. At no time will City of Tulare advance to Temmerman Corp monies needed to make any required grant contributions or matching payments. iii. City of Tulare by means of applying for the grant takes the financial responsibility for the grant funding with OHMVR and as such has the right to terminate this Grant Agreement with Temmerman Corp or OHMVR at any time, for any reason. iv. Temmerman Corp, by requesting from City of Tulare eligible grant funding as a reimbursement, is responsible for performing under the terms of OHMVR Grant Agreement and to making any matching contributions called for in the terms of the grant to the City of Tulare. Temmerman Corp is also responsible for returning any unused funds and any adjustments to funds earned that may be a result of actions by Temmerman Corp or any audit.
v. Temmerman Corp will make available all required financial documents requested, by the City of Tulare or OHMVR, for the City of Tulare in order to secure the grant funds and as requested for audit purposes. In the event any grant funds that have been paid to Temmerman Corp by City of Tulare are required to be returned to OHMVR for audit or any other reasons, Temmerman Corp will be responsible for reimbursement to City of Tulare for those funds within a timely manner.
vi. Temmerman Corp is responsible for any monitoring or reporting assessments/studies that may be necessary to comply with OHMVR requirements under the G24-03-04- G01 project agreement.

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

13.4 Consent Page 5

Page 3 of 5 ends

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

2. PERIOD
A. This City of Tulare Cycle Park Agreement will be for the single term of the individual OHMVR Grant for the grant year of 2024 – 2025, offered during the period of this agreement and will not be renewed annually per each new OHMVR grant submission. If any required submission of documents or necessary work to meet the deadlines imposed by OHMVR for the completion of a grant occurs, all parties agree to the above terms.

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

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

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

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

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

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

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

13.4 Consent Page 6

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G. In the event the Lease Agreement for the Cycle Park is not renewed or is terminated and a grant has not been completed, all documents archived by Temmerman Corp and submitted for the grant will become the property of the City of Tulare and shall be returned to the City of Tulare within 10 days of the termination of this Administrative Agreement.

Remaining grant funds become the property of the City of Tulare. The City of Tulare retains the rights to continue to make submissions and utilize any remaining eligible grant funds.

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

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

B. Temmerman Corp may terminate this Administrative Agreement in writing with 30 days’ notice, at which time all grant records and documents previously submitted or necessary for future grant submissions will become the property of the City of Tulare. Any eligible grant funds earned or otherwise not distributed will become the property of the City of Tulare. The City of Tulare retains the right to continue with grant submissions until all grant funds are exhausted or become ineligible, however after the notice of termination is given by Temmerman Corp any grant funds available will become the property of the City of Tulare and will not be distributed to Temmerman Corp. In the event Temmerman Corp requests an early termination, any funds received by Temmerman Corp that are deemed ineligible due to an audit will be returned immediately to the City of Tulare.

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

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

Temmerman Corp. Inc.
721 N. Shirk Road - Unit F
Visalia, CA 93291
559-303-3058
[email protected]
B. Grant document submissions by Temmerman Corp and any notices regarding this Administrative Agreement shall be submitted to the City of Tulare and shall be delivered via mail or in person or email to:

13.4 Consent Page 7

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

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

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

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

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

THE CITY OF TULARE, “City of Tulare”

By: _________________________________
City Manager

“Temmerman Corp, Inc.”

By: _________________________________
ATTEST:

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

APPROVED AS TO FORM:

______________________________________

13.4 Consent Page 8
DRAFT
State of California - The Resources Agency OFF-HIGHWAY MOTOR VEHICLE RECREATION DIVISION

DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM

PROJECT AGREEMENT
__________________________________________________________________________________________ PROJECT AGREEMENT NUMBER: G24-03-04-G01 PROJECT TYPE: Ground Operations __________________________________________________________________________________________ GRANTEE: City of Tulare Recreation Parks and Library Department __________________________________________________________________________________________ PROJECT TITLE: Ground Operations
__________________________________________________________________________________________ PROJECT PERFORMANCE PERIOD: FROM 12/01/2024 THROUGH 11/30/2025 __________________________________________________________________________________________ MAXIMUM AMOUNT PAYABLE SHALL NOT EXCEED $459,199.00 (Four Hundred Fifty Nine Thousand One Hundred Ninety Nine and 00/100)
__________________________________________________________________________________________ THIS PROJECT AGREEMENT is made and entered into, by and between the State of California, acting by and through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division and Grantee.

The Grantee agrees to complete the project as described in the Project Description. The Grantee's Application, the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15, Sections 4970-4970.26 are hereby incorporated into this agreement by reference.

The parties hereto agree to comply with the terms and conditions of the following attachments which by reference are made a part of the Project Agreement.

ATTACHMENT 1 - PROJECT COST ESTIMATE
ATTACHMENT 2 - GENERAL PROVISIONS

GRANTEE STATE OF CALIFORNIA
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:

AUTHORIZED NAME: AUTHORIZED NAME: Jennifer Grady
TITLE: TITLE: Grants Manager
DATE: DATE:

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
CONTRACT NUMBER: SUPPLIER ID NUMBER: FUND DESCRIPTION:

C32-36-013 0000028588 Off-Highway Vehicle Trust Fund

REPORTING
STRUCTURE:

ACCOUNT: ACTIVITY: CHARGE AMOUNT: PROGRAM:
37900550 5432000 62686 459,199.00 2855
BU: REF: FUND: CHAPTER: ENY/STATUTE FISCAL YEAR:
3790 101 0263 22 2024 2024/2025
I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF DPR ACCOUNTING OFFICER: DATE:

N/A
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 1 of 17

13.4 Consent Page 9
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations

APPLICANT
NAME : City of Tulare Recreation Parks and Library Department

PROJECT
TITLE :

Ground Operations PROJECT
NUMBER
(Division use
only) :

G24-03-04-G01

PROJECT
TYPE :

Law Enforcement Restoration Education & Safety Acquisition Development Ground Operations Planning

PROJECT
DESCRIPTION :

The Project is to provide Off-Highway Vehicle (OHV) Ground Operations Project activities as outlined in the Project Deliverables below. These activities will take place within the area specified in the “Describe the size of the specific Project Area(s) in acres and/or miles” section of the Agency’s Application, following section 4970.10.1(d)(2)(C) of the Program Regulations, and within the jurisdiction of the City of Tulare Recreation Parks and Library Department.

The Project may also provide for the purchase of Equipment, Heavy Equipment, materials, and supplies as detailed in the Project Cost Estimate (Attachment 1).

The Grantee must follow the Soil Conservation Plan and Habitat Management Plan (HMP) of the City of Tulare Recreation Parks and Library Department. At the conclusion of the Project, a Soil Compliance Report and the HMP results must be submitted to the OHMVR Division.

Additionally, the Grantee must provide a minimum of twenty-six (26) percent of the total Project cost in matching funds.

Project Deliverables

1. Road/Track Maintenance
Maintain approximately seven (7) miles of road/track for “Green Sticker” vehicles Activities include but are not limited to: track construction and grooming, grading, scraping, watering, minor track modifications, track maintenance, track repair, major track modifications, water run-off redirection, dust abatement, and maintaining erosion barriers. •

2. Facility Maintenance/Improvements
Activities include but are not limited to: rental, cleaning, and pumping of portable restrooms, dust abatement, trash removal, litter control, parking lot and staging area grading, and weed control. •• Vault/port-a-potty pumping of approximately six (6) toilets.

3. Signing • Installation, repair, and/or replacement of OHV-related signage.

Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 2 of 17

13.4 Consent Page 10
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations

4. Fencing/Barriers
Installation, repair, and/or replacement of fencing to define the OHV trails, roads, or areas.
•
Line Item Qty Rate UOM Total Grant Req. Match

DIRECT EXPENSES
Program Expenses
1 Staff

1. Staff-Volunteer Hours
Notes : Staff-Volunteer
Hours
Notes : At times
throughout the year,
volunteer time and
equipment are donated
by individuals and local
business to accomplish
the movement and
delivery of large
amounts of soil. The
additional soil provides
terrain and elevation
obstacles while
providing additional
separation from the
landfill materials under
the facility. Additionally,
volunteer hours are
utilized for repairs to
facility structures and
equipment (gates,
fencing etc) and other
projects at the facility.

Volunteers do not repair
Grant purchased
equipment.

Additionally, volunteers
1500.00
00 37.320 HRS 55,980.00 0.00 55,980.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 3 of 17

13.4 Consent Page 11
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
assist with cleaning,
operational, supervision,
and general light tasks
at the facility.

These activities are
outside the regular
duties of staff and
exceed the capabilities
of track staff and
equipment. The
volunteer hours are
valued at the
independent sector
California rate of $37.32
for 1500 volunteer hours
which will value the
volunteer hours at
$55,980
2 Contracts

1. Contracts-Operation
and Maintenance
Contract
Notes : The City of
Tulare will contract with
Temmerman Corp to
operate the facility as
per the standards
identified in the Project
Description. Contract
will ensure general
facility maintenance,
track maintenance,
facility supervision and
monitoring, litter control,
parking lot direction,
restroom maintenance,

1.0000 373302.000 YR 373,302.00 373,302.00 0.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 4 of 17

13.4 Consent Page 12
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
daily discing and
grooming of all trails. All
terrain features are
maintained, formed, and
compacted on a daily
basis using heavy
machinery. Facility will
be open to the public on
a schedule of a
minimum of 4 days per
week as permitted by
weather and scheduling.

Twice monthly, major
terrain modifications are
made to all tracks. Four
times annually, all
tracks are demolished
and rebuilt according to
new track designs. Prior
to and during public
riding times, drive the
water truck to water all
trails. Coordination and
direction of track design
and comprehensive
operating plan.

Maintaining elements of
the facility as well as
operational details.

CONTINUED

2. Contracts-Operation
and Maintenance
Contract
Notes : Ground
Operation includes the
operation of the

1.0000 1.000 YR 1.00 1.00 0.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 5 of 17

13.4 Consent Page 13
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ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
facility for public use.

Primary operation
requires
supervision of the
facility during public
use.

All tracks are
supervised by "flaggers"
at all times during
public access. Flaggers
control, monitor, and
supervise
OHV rider traffic and
warn of obstacles or
downed riders in
the riding area. Five
positions on the track
require flaggers
to ensure rider safety.

The direct daily
operation of this
project requires this
position. Without this
position, the
public would be unable
to utilize the facility. In
order to
safely allow public use,
contractor will distribute
safety and
track instructions,
distributes OHV
materials and maps,
notifies riders of track
conditions, verifies OHV
registration,
and documents
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 6 of 17

13.4 Consent Page 14
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
participant/spectator
counts. General
supervision,
coordination, and
management of all site
operations

3. Contracts-Operation
and Maintenance
Contract
Notes : The contract
rate of $373,302 is the
same as past years and
was determined through
an examination of
facility staff required for
the successful yearly
operation of the facility
for the preceding five
years. The following
identification of
employees is included
solely as a reference as
to how the single
contract rate is
determined.

Maintenance
Worker(1.5 positions)
(250 days) x (8 hours
per day) x ($26.65 per
hour) = $53,300.

Heavy Equipment
Operator (250 days) x
(8 hours per day)
x ($28.65 per hour) =
$57,300.

Senior Maintenance

13.4 Consent Page 15
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
Worker (260 days) x (8
hours per day)
x ($36.65 per hour) =
$76,232.

Flaggers (200 days) x (5
hours per day) x
($19.50 per hour)
= $14,650 x 5 =
$97,500.

Gate/Entrance Monitor
(200 days) x (7 hours
per day) x
($19.50 per hour) =
$27,300.

Operations Manager
(260 days) x (8 hours
per day) x
($29.65 per hour) =
$61,672.

4. Contracts-Portable
Restroom Rentals
Notes : The source of
this match expense is
directly from
the City of Tulare.
6 Portable Restrooms
monthly rental fee and
weekly
service of the
restrooms. Estimated
cost based on previous
annual costs is $8400.

Monthly rental per
restroom is $10.

Monthly cost of service
(pumping) is $108 per

1.0000 8496.000 YR 8,496.00 0.00 8,496.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 8 of 17

13.4 Consent Page 16
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
restroom. Monthly
combined rental
($10) and
service/pumping ($108)
is $118 per restroom.
$118 x 6 restrooms is
$708. $708 x 12 months
is $8496.

Total for Contracts 381,800.00 373,304.00 8,496.00
3 Materials / Supplies

1. Materials / SuppliesRecycled material
barrier/erosion
Notes : City of Tulare
Parks Department
transports recycled
organic material to the
facility for use in barrier
maintenance and
erosion control. The
recycled organic
material comes from
other City of Tulare
projects. Additionally,
organic material from
the facility is shredded
onsite and utilized in
barrier maintenance and
erosion control.

Facility directional and
route identification signs
are made of recycled
lumber. This lumber is
provided for free and is
not part of the estimate.

Value of materials is

1.0000 7500.000 YR 7,500.00 0.00 7,500.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 9 of 17

13.4 Consent Page 17
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
derived from actual cost
of delivered recycled
organic material at other
locations. Line-item total
is derived from previous
years recycled organic
material deliveries. Over
the past two years, over
40 truck loads of
recycled organic
material have been
delivered to the facility.

Southern Ca Edison
delivery of these
materials is calculated
at 12 yards per truck at
a estimated cost of $30
per yard, delivered. The
deliveries for the G24
Project will be in line
with this average for a
minimum line-item total
of $7,500.
4 Equipment Use Expenses

1. Equipment Use
Expenses-Fuel
Notes : Facility
equipment is owned by
the City of Tulare or
donated for exclusive
use by the City of
Tulare.

This expense is only for
fuel for City of Tulare
equipment.

Fuel for heavy

1.0000 26000.000 YR 26,000.00 26,000.00 0.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 10 of 17

13.4 Consent Page 18
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
equipment (tractor,
dozer, skip loader,
water
truck). Cost estimate is
based upon averages
from 5 prior
year totals. This
estimate also factors in
the rising costs of
fuel.

OHMVR Grant funded
fuel is only used to
prepare and maintain
the facility for public use
of the facility. Private or
race
events use a separate
fuel tank in separate
equipment for activities
related to the race
events.

2. Equipment Use
Expenses-Equipment
rental - Skid Steer
Notes : A skid steer is
donated directly to the
City of Tulare
for exclusive use at the
facility. Skid Steer will
be donated
for purposes of soil
management and track
repair and
design. Current
equipment inventory
does not adequately
178.0000410.000 DAY 72,980.00 0.00 72,980.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 11 of 17

13.4 Consent Page 19
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
move soil and obstacles
in restricted space
situations. Skid
steer allows for added
mobility and capability in
track
design and
modifications. The cost
of the skid steer rental
is from actual
competitive rental quote
for identical
equipment. Based upon
actual local written
quote from
Quinn CAT Rent Svc in
Tulare, CA, the value of
this
donation is $72,980.

The daily rental rate is
$410 per day. The skid
steer is in regular use
on nearly all days of
operation. The
estimated days in use of
the skid steer is 178
days and is based upon
5 days/week and
excluding 83 additional
days where the facility
may be too flooded or
use is not required due
to conditions.

Value of the rental is
obtained by multiplying
the value of
the daily rental by
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 12 of 17

13.4 Consent Page 20
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
estimated days of use
($410 X 178 = 72,980)

3. Equipment Use
Expenses-Equipment
Rental - Water Truck
Notes : A 2000 gal
water truck is donated
directly to the City of
Tulare for use at the
facility.

Use of a 2000 gal water
truck will be donated for
purposes
of dust control and soil
management. Although
the City has
an OHMVR water truck,
repair costs exceed
value of the
equipment and it is not
functional. The cost of
the water truck rental is
from actual competitive
rental quote for identical
equipment. Based upon
actual local written
quote from Quinn CAT
Rental Services in
Tulare, CA, the value of
this donation is
$95,475. The quote
identifies a daily rate of
$475. The estimated
days of use for the
water truck for the
Project is estimated to
201.0000475.000 DAY 95,475.00 0.00 95,475.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 13 of 17

13.4 Consent Page 21
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
be 201 days. This
estimate takes into
account 5 days per
week with the reduction
of 60 days when the
water truck may not be
needed due to
conditions.

Total for Equipment Use Expenses 194,455.00 26,000.00 168,455.00 5 Equipment Purchases

1. Equipment
Purchases-Kubota
Utility RTV-X1140
Notes : The facility is in
need of a utility vehicle
to transport workers and
equipment. The facility
does not currently have
one. Additionally, the
utility vehicle is used for
safety to quickly
respond to riders
experiencing issues on
the trail and assist the
rider as soon as
possible. Injured or
riders with equipment
failure will be
transported from the
trail to the staging area
on the utility vehicle.

The utility vehicle will
also be used to help
with transporting trash
from the garbage cans
to the main dumpster,

1.0000 17799.000 EA 17,799.00 0.00 17,799.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 14 of 17

13.4 Consent Page 22
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
parking supervision,
camping area
supervision, and to
assist with moving
barriers such as straw
bales and recycled
material. This request
was made with G23, but
this purchase will not be
made until G24 Grant
cycle.
6 Others
Total Program Expenses 657,534.00 399,304.00 258,230.00 TOTAL DIRECT EXPENSES 657,534.00 399,304.00 258,230.00

INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs

1. Indirect CostsElectricity Charges
Notes : Electricity
services to facility
(restrooms, office,
announcer's tower,
track lighting, pump,
etc.)

1.0000 3200.000 YR 3,200.00 3,200.00 0.00

2. Indirect Costs-City
Staff
Notes : Related to costs
incurred by the City of
Tulare for
implementation of the
project. Costs include
staff time spent
coordinating with the

1.0000 12795.000 YR 12,795.00 12,795.00 0.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 15 of 17

13.4 Consent Page 23
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
site, providing data,
processing
receipts, providing
copies, submitting
reimbursement
requests, and generally
supporting
administration of the
project.

3. Indirect CostsManagement Personnel
Notes : Grant
organization,
implementation of
project, etc.

Management personnel
oversee project and
ensure project
meets stated goals. This
position is independent
from other
positions identified in
staff expenses.

Management
personnel coordinates
all elements of site, city,
and
OHMVR to ensure
proper and timely
implementation of all
elements of OHMVR
grant.

1.0000 41000.000 YR 41,000.00 41,000.00 0.00

4. Indirect CostsGeneral Indirect
Notes : General indirect
costs for facility

1.0000 2900.000 YR 2,900.00 2,900.00 0.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 16 of 17

13.4 Consent Page 24
DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2024 Agency: City of Tulare Recreation Parks and Library Department Application: Ground Operations
Line Item Qty Rate UOM Total Grant Req. Match
operation - legal,
environmental
consulting, soil
management
consulting, etc.

Total for Indirect Costs 59,895.00 59,895.00 0.00
Total Indirect Costs 59,895.00 59,895.00 0.00
TOTAL INDIRECT EXPENSES 59,895.00 59,895.00 0.00
TOTAL EXPENDITURES 717,429.00 459,199.00 258,230.00
TOTAL PROJECT AWARD 459,199.00
Date: 01/03/2025 Contract # C32-36-013, City of Tulare Recreation Parks and Library Department, Grants and Cooperative Agreements Program - 2024
__________________________________________________________________________ Page: 17 of 17

13.4 Consent Page 25
Appendix (Rev. 1/19)
Project Agreement General Provisions
(Nonfederal Applicants Only)
A. Definitions

1. The term “State” as used herein means the State of California, Department of Parks and Recreation.

2. The term “Act” as used herein means the Off-Highway Motor Vehicle Recreation Act of 2003 as amended.

3. The term “Project” as used herein means the Project described in Attachment 1 of this Agreement and in the Application.

4. The term “Application” as used herein means the individual Project Application and attachments required pursuant to the enabling legislation, regulations, and/or Grant program, which is incorporated into this Agreement by reference.

5. The term “Project Agreement” as used herein means the Application and the Project Agreement and its General Provisions.

6. The term “Grantee” as used herein means the party described as the Grantee on page 1 of the Project Agreement.

B. Project Execution

1. Subject to the appropriation and availability of Grant funds in the state budget, the State hereby awards to the Grantee the sum of money (Grant money) stated on page 1 of the Project Agreement in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Project Description on Attachment 1 of the Project Agreement and the terms and conditions set forth in this Agreement.

The Grantee assumes the obligation to furnish any additional funds that may be necessary to complete or carry out the Project as described. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. The State’s obligation to make Grant payments is limited to the Project as provided for herein, or as modified with the approval of the State.

2. The Grantee agrees to complete the Project in accordance with the Project performance period set forth on page 1 of the Project Agreement, and under the terms and conditions of this agreement.

3. If the Project includes development, the development plans, specifications and estimates or Force Account Schedule shall be reviewed and approved by the State prior to the Grantee proceeding with the Project. Unless the development plans, specifications and estimates are approved by the State, the State shall have no obligation to make Grant payments for the work.

The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. In addition, the Grantee shall complete the development work in accordance with the State-approved development plans, specifications, and estimates or Force Account Schedule.

4. The Grantee shall make property or facilities acquired and/or developed pursuant to this Agreement available for inspection upon request by the State to determine if development work is in accordance with the approved plans, specifications and estimates or Force Account Schedule, including a final inspection upon Project completion.

5. If the Project includes acquisition of real property, the cost of which is to be reimbursed with Grant moneys under this Agreement, the acquisition shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any

13.4 Consent Page 26
Appendix (Rev. 1/19)
other applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. Eminent domain may not be used to acquire property using the Grant funds provided by this Agreement.

6. If the Project includes acquisition of real property, the purchase price shall be the fair market value of such property as established by an appraisal completed according to established current appraisal practices and methods as approved by both the Grantee and the State. The Grantee agrees to furnish the State with additional supportive appraisal material or justification as may be requested by the State to complete its review and approval of the fair market value.

The Grantee agrees to furnish the State with preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by the State.

The Grantee agrees to correct prior to or at the close of escrow any defects of title which in the opinion of the State might interfere with the operation of the Project.

C. Project Costs

1. The Grant moneys to be provided to the Grantee under this Agreement shall be disbursed as follows, but not to exceed in any event one-hundred (100) percent of the allowable Project costs or the State Grant amount as set forth on page 1 of this Agreement, whichever is less:

2. If the Project includes acquisition of real property, the State shall disburse to the Grantee the Grant moneys as follows, but not to exceed in any event the State Grant amount set forth on page 1 of this Agreement.

The State will disburse the amount of the State-approved purchase price together with Stateapproved costs of acquisition. Funds for acquisition shall only be released into an escrow account established for the acquisition.

D. Project Administration

1. The Grantee shall promptly submit such progress, performance or other reports concerning the status of work performed on the Project as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures including State and all other moneys expended within one hundred-twenty (120) days after completion of the Project.

2. The Grantee shall make property and facilities maintained, operated, acquired or developed pursuant to this Agreement available for inspection by the State upon request.

3. The Grantee may be provided advanced payments for Grants. The Grantee shall place such moneys in a separate interest-bearing account, if legally able to do so, setting up and identifying such account prior to the advance. Interest earned on Grant moneys shall be used on the Project or paid to the State. If Grant moneys are advanced and not expended, the unused portion of the Grant (plus interest) shall be returned to the State within one hundred-twenty (120) days of completion of the Project or end of the Project performance period, whichever is earlier.

Income, after deduction for reasonable expenses associated with that income, that is earned by the Grantee from a State-approved non-recreational use on an acquisition Project, subsequent to taking title by the Grantee, but before use for OHV Recreation, must be used by the Grantee for recreational purposes at the Project.

4. The Grantee shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described.

5. The Grantee will provide and maintain a sign on the Project site that identifies the funding source (Off-Highway Vehicle Fund) and the administering agency (California State Department of Parks and Recreation).

13.4 Consent Page 27
Appendix (Rev. 1/19)

6. Equipment must be used solely for OHV-related purposes unless the Applicant is funding the portion of the purchase price not dedicated to OHV purposes, and that portion is not part of the total project cost.

E. Project Termination

1. The Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project. After Project commencement this Agreement may be rescinded, modified or amended by mutual agreement in writing.

2. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder and reimbursement to the State of any Grant moneys already provided to the Grantee.

However, such failure shall not be cause for the suspension of all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate or remedy.

3. Because the benefit to be derived by the State from the full compliance by the Grantee with the terms of this Agreement is the operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement.

4. The Grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this Agreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this Agreement.

F. Hold Harmless

1. The Grantee hereby waives all claims and recourse against the State including the right to contribution of loss of damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of the State, its officers, agents and employees.

2. The Grantee shall protect, indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Ccode Section 895.2 or otherwise except for liability arising out of, and attributable to, the concurrent or sole negligence of the State, its officers, or employees.

3. In the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney’s fees.

4. In the event of judgment against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request, and each party hereby waives its right to, a jury apportionment.

13.4 Consent Page 28
Appendix (Rev. 1/19)
G. Financial Records

1. The Grantee shall retain for inspection all financial accounts, documents, and records for three (3) years from the expiration date of the Project Agreement, or three (3) years from the start of an audit engagement, whichever comes first, and until an audit started during the three (3) years is completed, a report published and any Audit findings are resolved and/or payment or other correction made with regard to any Audit findings contained in the final Audit report.

2. During regular office hours each party hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.

H. Use of Facilities

1. The Grantee shall, without cost to the State, except as may be otherwise provided in this Agreement or any other Grant agreement, operate and maintain the property acquired or developed pursuant to this Agreement in the manner of and according to the Off-Highway Motor Vehicle Recreation Act and any related regulations, or any other applicable provisions of law.

2. Use of the facilities shall comply with all applicable laws, including, but not limited to, the requirements for registration of all day use-vehicles with the Department of Motor Vehicles or identified under the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1993.

I. Nondiscrimination

1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Agreement.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

J. Application Incorporation

1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this Agreement as though set forth in full in this Agreement.

K. Severability

1. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Governing Law

1. This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Any legal action arising out of the terms of this Agreement shall take place in the county wherein the Project funded by this Agreement is located. If the Project is located in or among two or more counties, any legal action shall be taken in the county wherein the largest land area of the Project is located.

2. The Grantee shall comply with all Federal, State, and/or Local laws, regulations, ordinances and executive orders that are applicable during the performance period.

13.4 Consent Page 29
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: Police Department Access Controls and Lobby Reconfiguration

RECOMMENDED ACTION
Authorize the establishment of a Technology CIP appropriation of $79,703 and use of Technology CIP for purchase and installation of Access Controls for the Police Department; and authorize the City Manager to sign a contract for $72,457 for the purchase and installation of Access Controls for the Police Department with NTM Productions of Visalia California, utilizing the cooperative purchasing agreements “CA Entity PEPPM Contract #535122-190; Authorize the City Manager or designee to approve contract change orders up to 10%, or $7,246, of the original contract amount.

SUMMARY
The Police Department lobby has been the subject of multiple incidents of vandalism in recent months that have resulted in attempted break-ins to the Police Department as well as significant cleanup and replacement costs. Included in this contract is the addition of access controls and a video camera for the front door of the Police Department. Additionally, there will be a rugged call box installed outside that will allow the public to contact dispatch, similar to the phone in the lobby. Dispatch will have the ability to remotely open the door to allow a person into the lobby. This will enable the Police Department to establish hours when the lobby is closed, to reduce vandalism, while still providing the same level of service to the public.

The existing access control system in the Police Department was installed in 2008 and has reached the end of its useful life and is ready to be replaced. The proposed system is the same access control system that is in place at City Hall and the newly renovated Business Incubator facility (formerly Tulare County Courthouse). This system integrates access controls with new video cameras to provide simplified verification of access.

FISCAL IMPACT & FUNDING SOURCES
This appropriation requires the use of Technology CIP Fund unassigned fund balance of $79,703.

LEGAL REVIEW
The contract was reviewed by the city attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 13.5
Consent

13.5 Consent Page 1

ATTACHMENTS

1. Agreement
Reviewed/Approved:

13.5 Consent Page 2

PROFESSIONAL SERVICES AGREEMENT
Council Chambers Audio Visual
This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Tulare, hereinafter referred to as the “CITY”, and NTM Productions hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, for the cost identified in Exhibit “B” - Project Fees.

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

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

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

13.5 Consent Page 3
III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full, a sum not to exceed seventy two thousand four hundred fifty six dollars and fifty six cents ($72,456.56) . This amount shall constitute complete compensation, including document production and outof-pocket expenses for all services for the work and PROJECT identified in Exhibit “A” B. Payment of Compensation: The CONSULTANT shall be compensated according to the progress payment schedule set forth in Exhibit “B” upon completion of percentage of each noted phase. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: Jason Bowling, Chief Technology Officer shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Tulare is specifically required.

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

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

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

13.5 Consent Page 4
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

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

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

C. Post-Termination:

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

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

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

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

13.5 Consent Page 5

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

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

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

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

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

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

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

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

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

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

X. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

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

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

13.5 Consent Page 7
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

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

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

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

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

XIII. INDEMNIFICATION AND INSURANCE
A. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal Consultant’s fees and costs but only to the extent the Consultant (and its SubConsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its SubConsultants) and the City in the performance of professional services under this agreement.

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

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

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

2. General liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

3. Professional liability insurance: Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

13.5 Consent Page 9

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

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

6. Each insurance policy required by this Agreement shall contain the following clause:

7. “This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Tulare, 411 East Kern Avenue, Tulare, CA 93274.”
D. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

E. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Tulare, 411 East Kern Avenue, Tulare, CA 93274.” In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Tulare shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Tulare, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Tulare.” F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced

13.5 Consent Page 10
above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

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

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

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

3. Terminate this Agreement.

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

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

XIV. NON-DISCRIMINATION
CONSULTANT and all subconsultants shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

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

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

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

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

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

CITY OF TULARE:
411 East Kern Avenue
Tulare, CA 93274
Attention: City Clerk
CONSULTANT: NTM Productions
11369 Avenue 264, SUITE B
Visalia, CA 93277
Attention: Nathan Mcguigan

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

G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

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

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

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

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

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

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

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

C. Changes in Work: If changes in scope, character, or complexity become desirable or necessary as work progresses, adjustments to the agreement may be made in writing signed by the CITY and CONSULTANT. In special cases, where it is essential that extra work be performed immediately, execution of the supplemental agreement covering the changes will be accomplished as soon as possible. This agreement shall provide for the preparation and submittal of contract change orders when applicable. There shall be no charge to the City when the change order is required to correct errors or omissions by the Service Provider D. General Compliance with Laws and Wage Rates: CONSULTANT shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

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

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

G. Clean Air and Water: Applicable to Contracts in Excess of $100,000.

1. Definition. “Facility” means an building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Consultant or and subconsultant, used in the performance of the Contract or any

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subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area.

2. In compliance with regulations issued by the EPA, 2 C.F.R, part 1532, pursuant to the Clean Air Act, as amended (42 U.S.C. §. 7401 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Consultant agrees to:
a) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on the list; b) Promptly notify the Owner if a facility the Consultant intends to use in the performance of this contract is on the EPA List of Violating Facilities of the Consultant knows that it has been recommended to be placed on the List; c) Comply with all requirements of the Clean Air Act and the Federal Water Pollution Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act, and all applicable clean air and clean water standards.

H. Equal Employment Opportunity:

The Consultant shall be required to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

1. The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, the following equal opportunity clause:

During the performance of this contract, the Consultant agrees as follows:
a) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without

13.5 Consent Page 15
regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Consultant agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause.
b) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
c) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Consultant’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
e) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. g) The Consultant will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions,

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including sanctions for noncompliance. Provided, however, that in the event the Consultant becomes involved in or is threatened with litigation with or by a subconsultant or vendor as a result of such direction by the Secretary of Labor, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. h) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally-assisted construction work. Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract.
i) The Recipient agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of consultants and subconsultants with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist in securing compliance. j) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Consultant debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon consultants and subconsultants by the Secretary of Labor pursuant to Part II, Subpart D of the Executive order.

2. Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60):
a) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption.
b) Except in the case of subconsultants for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier.
c) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt.

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

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J. Federal Non-Discrimination Statutes:

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

These include but are not limited to:

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

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

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

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

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

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

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

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

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

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

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

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

Exhibit “A”: Scope of Work

Exhibit “B”: Progress Payment Schedule

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Audio / Video / Lighting/Network/Security
Proposal To:

City of Tulare
For:

City of Tulare Access Control for Police Department
Tulare, CA
December 19, 2024
P-1023
Exhibit A

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NTM Productions ABOUT US
Our Commitment
NTM Productions is dedicated to enhancing communication through advanced technology. Whether your venue is a
gymnasium, stadium, warehouse, city boardroom, theater, sanctuary, or concert hall, we believe that the audio-visual experience should be exceptional and memorable.

Our Team
NTM is committed to excellence in managing and installing your next project. We deploy highly skilled project managers to ensure the seamless execution of your project. Our team of trained and certified technicians guarantees that the job is completed accurately and efficiently from the outset.

Additionally, our knowledgeable office staff is available to assist with equipment sales, rentals and service for any technical inquiries you may have.

Our Story
For over a decade, NTM Productions has delivered
comprehensive audio, video, lighting, network, and security solutions to clients across the United States. We take pride in being an industry leader, combining the capacity to meet diverse needs with the personalized attention of a boutique firm.

13.5 Consent Page 21

MAIN EQUIPMENT
SCOPE
"As per CA Entity PEPPM Contract #535122-190"
Customer receiving 12% or greater discount on all items Labor is calculated based on prevailing wage rates
Scope of Work: Access Control and Security Camera - City of Tulare Police Station The objective of this scope of work is to design, install, and configure an advanced access control system for the Main Equipment Room within the City of Tulare Police Station. This project will ensure the security and integrity of the facility by regulating access to critical areas.

Utilizing the Verkada AC62-HW, we will implement a state-of-the-art access control system. The hardware is known for its robust security features and ease of integration, making it an ideal choice for law enforcement environments. The system will be strategically installed to manage entry points within the Main Equipment Room, ensuring that only authorized personnel can access sensitive areas.

The Verkada ACC-BAT-18AH will be incorporated to provide reliable backup power to the access control system. This ensures continuous operation during power outages, maintaining security without interruption. The battery configuration will be installed in compliance with industry standards, ensuring safety and efficiency.

The project will also involve the installation of FS 58708, a crucial component for the system's connectivity and functionality. This equipment will facilitate seamless communication within the network infrastructure, enabling real-time access monitoring and control.

The installation process will include the necessary cabling, mounting, and network configuration tasks to fully integrate the access control system. All installations will adhere to the City of Tulare's regulations and safety standards.

Upon completion of the installation, thorough testing and commissioning will be conducted to ensure optimal performance of the access control system. A comprehensive training session will be provided for designated personnel at the police station to ensure seamless operation and understanding of the system's features.

All work will be performed by certified professionals with extensive experience in security systems for law enforcement facilities, ensuring the highest standards of quality and compliance. This project will significantly enhance the security posture of the City of Tulare Police Station, safeguarding both its personnel and assets.

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 2000
FS 58708 Bulk CAT6
cabling $0.22 $440.00 $0.00 $0.00 $440.00
1 Verkada AC62-
HW Verkada AC62-HWVerkada AC62 16 Door
Controller
$4,523.54 $4,523.54 $0.00 $0.00 $4,523.54
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 3 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 22
1 Verkada ACC-BAT18AH Verkada ACC-BAT18AH- Verkada 18AH Backup Battery for AC62
$596.71 $596.71 $0.00 $0.00 $596.71

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 4 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 23

ENTRANCE/EXIT DOORS

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 3 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $893.79 $0.00 $0.00 $893.79
3 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $2,558.40 $0.00 $0.00 $2,558.40
1 NTM Productions General
Materials Wireless Entry
Button
Wireless Entry Button $65.95 $65.95 $0.00 $0.00 $65.95

49.63 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $6,948.20 $6,948.20

SECURITY CAMERAS

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 1 Verkada CD62-90-
HW Verkada CD62-90-HWVerkada CD62 Indoor Dome
Camera, 4K, Zoom Lens,
2TB of Storage, Maximum
90 Days of Retention
$2,816.22 $2,816.22 $0.00 $0.00 $2,816.22
1 Verkada CD62-90EHW Verkada CD62-90EHW- Verkada CD62-E Outdoor Dome Camera, 4K,
Zoom Lens, 2TB of Storage,
Maximum 90 Days of
Retention
$2,986.95 $2,986.95 $0.00 $0.00 $2,986.95
2 Verkada LIC-CAM5Y Verkada LIC-CAM-5YVerkada 5-Year Camera License
$767.44 $1,534.88 $0.00 $0.00 $1,534.88
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 5 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 24
10 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $1,400.00 $1,400.00

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 6 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 25

MAIN ENTRY

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 1 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $297.93 $0.00 $0.00 $297.93
1 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $852.80 $0.00 $0.00 $852.80
1 NTM Productions General
Materials Wireless Entry
Button
Wireless Entry Button $65.95 $65.95 $0.00 $0.00 $65.95

33.06 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $4,628.40 $4,628.40
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 7 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 26

EVIDENCE DOORS

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 4 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $1,191.72 $0.00 $0.00 $1,191.72
4 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $3,411.20 $0.00 $0.00 $3,411.20
1 NTM Productions General
Materials Electric Strike
Door Materials
Electric Strike with DPI $517.32 $517.32 $0.00 $0.00 $517.32 1 NTM Productions General
Materials New Door
Handle and Custom Cover
for Evidence Main Door
$1,400.00 $1,400.00 $0.00 $0.00 $1,400.00

66.13 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $9,258.20 $9,258.20
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 8 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 27

DISPATCH

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 1 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $297.93 $0.00 $0.00 $297.93
1 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $852.80 $0.00 $0.00 $852.80
1 Verkada VX52-
HW Verkada VX52-HWVerkada VX52 Viewing
Station
$425.98 $425.98 $0.00 $0.00 $425.98
1 Verkada LIC-VX5Y Verkada LIC-VX-5Y- 5-
Year Viewing Station
License
$1,706.46 $1,706.46 $0.00 $0.00 $1,706.46

16.53 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $2,314.20 $2,314.20
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 9 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 28

SERVER DOOR

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 1 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $297.93 $0.00 $0.00 $297.93
1 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $852.80 $0.00 $0.00 $852.80
1 NTM Productions General
Materials Electric Strike
Door Materials
Electric Strike with DPI $517.32 $517.32 $0.00 $0.00 $517.32

16.53 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $2,314.20 $2,314.20
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 10 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 29

BRIEFING DOORS

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 2 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $595.86 $0.00 $0.00 $595.86
2 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $1,705.60 $0.00 $0.00 $1,705.60

33.06 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $4,628.40 $4,628.40
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 11 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 30

RECORDS DOOR

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 1 Verkada AD33-
HW Verkada AD33-HWVerkada AD33 Multi-format
Card Reader
$297.93 $297.93 $0.00 $0.00 $297.93
1 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $852.80 $0.00 $0.00 $852.80
1 NTM Productions General
Materials Electric Strike
Door Materials
Electric Strike with DPI $517.32 $517.32 $0.00 $0.00 $517.32

16.53 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $2,314.20 $2,314.20
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 12 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 31

REPORT ROOM DOOR

ACCESS CONTROL

IMAGE QTY DESCRIPTION NOTES PRICE PRICE EXT LABOR LABOR EXT TOTAL 1 Verkada AD33-
HW Verkada AD33 Multiformat Card Reader$297.93 $297.93 $0.00 $0.00 $297.93 1 Verkada LIC-AC5Y Verkada LIC-AC-5YVerkada 5-Year Door License
$852.80 $852.80 $0.00 $0.00 $852.80

16.53 NTM
Productions Installation
On-Site Installation and
Wiring Services
$140.00 $2,314.20 $2,314.20
City of Tulare
City of Tulare Access Control for Police Department P-1023 Equipment prices include any required accessories. Labor 13 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 32

PAYMENT SCHEDULE
50% deposit upon signing. 50% due upon completion.

SUBTOTAL $70,344.82
TOTAL SALES TAX $2,111.74
PROJECT TOTAL USD $72,456.56

SIGNED DATE

PRINT NAME TITLE

SIGNED DATE

PRINT NAME TITLE

ACCEPTANCE

FINANCIAL
TERMS
I accept this proposal and hereby authorize NTM Productions to proceed with the installation of the included systems at the facilities of City of Tulare constructing at Tulare, CA as described in the totality of this document. I further authorize NTM Productions to be granted the facility access that will be required to complete this project in a workmanlike and timely manner and for payment to be made to NTM Productions. In keeping with the Terms of Payment listed above: It has been made clear to me that there exist no understandings regarding this project with any relevant party unless and until City of Tulare and NTM Productions agree to such additional or alternate understandings in writing. Project cost and pricing are dependent upon a continual flow of work without interruption or delays imposed by City of Tulare or their staff, construction, other building trades or any other party, and additional costs may be incurred by City of Tulare from NTM Productions. If such delays result in additional costs that are not covered by the pricing in this proposal: I agree that any additions to and/or deletions from the materials and labor to be provided by my acceptance of this proposal and any resulting change(s) in cost of this project shall only be by way of written change order(s) and shall be valid only after being signed by City of Tulare and NTM Productions. All equipment is considered property of NTM Productions until final invoices are paid in full. This proposal is valid only if accepted in writing by City of Tulare and deposit payment received no later than January 7, 2025.

ACCEPTANCE

CITY OF TULARE

NTM PRODUCTIONS
Equipment prices include any required accessories. Labor 14 of 14 Version 7.0 December 19, 2024 prices include installation and programming.

13.5 Consent Page 33
Exhibit B
Progress Payment Milestones
50% deposit upon signing
50% due upon Acceptance.

13.5 Consent Page 34
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Parking Lot Sub-Lease Modification Agreement

RECOMMENDED ACTION
Approve a sub-lease modification agreement between Dennis A. Mederos and Cathy M. Mederos, Husband and Wife, individually and doing business as DAMCO Investments; and authorize the City Manager to execute all necessary documents on behalf of the City.

SUMMARY
The term of the original lease commenced on November 1, 2014. The Leased Premises herein now consist of a parking lot area legally described as Lots 9 - 14 in Block 69 of the City of Tulare per Map recorded in Book 3, Page 36 of Maps (APNs: 176-126-004; 005). The Owner of the Leased Premises is Matthew A. Quatacker, 2101 Wildcat Way, Porterville, California. Matthew A. Quatacker is now the Landlord under the primary Lease and as referenced in the Sublease.

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

LEGAL REVIEW
This item was reviewed by the city attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Modification of Sub-Lease Agreement

2. Exhibit A - Original Lease Agreement
Reviewed/Approved:

Item #: 13.6
Consent

13.6 Consent Page 1

13.6 Consent Page 2

13.6 Consent Page 3

13.6 Consent Page 4

13.6 Consent Page 5

13.6 Consent Page 6

13.6 Consent Page 7

13.6 Consent Page 8

13.6 Consent Page 9

13.6 Consent Page 10

13.6 Consent Page 11
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion for Public Works Offsite Storm Drain Improvements

RECOMMENDED ACTION
Accept as complete the required public works offsite storm drain improvements for the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street (a.k.a., Gem Street); authorize the City Engineer to sign a Notice of Completion (NOC); and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office.

SUMMARY
As part of the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street, UG2 Tulare CA, LP (Developer) was required to restore the existing City basin located directly south of the proposed project to its original condition and repair/replace portions of the regional storm drain system that were partially constructed but left uncompleted by a previous development.

The developer has completed construction of these public works improvements in accordance with the approved plans and specifications. City Council acceptance of the public improvements and recordation of a Notice of Completion is required to close out this project. The public works improvements constructed are eligible for reimbursement through the City’s oversize construction reimbursement policies. City Council will be asked to consider approval of an oversize construction reimbursement agreement for this project as a separate agenda item.

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

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

ALTERNATIVE ACTION

1. Approve with changes - No impact.

2. Deny - Denying acceptance of the public work improvements and the NOC would prevent the City and developer from subsequently entering into an oversize construction reimbursement agreement in accordance with Chapter 8.64 of the Municipal Code.

3. Table - Delaying acceptance of the public work improvements and the NOC would postpone Council’s consideration of an oversize construction reimbursement agreement with the Developer for oversized improvements constructed as part of his project.

ATTACHMENTS

1. Notice of Completion.

Reviewed/Approved:

Item #: 13.7
Consent

13.7 Consent Page 1
RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4 1 1 East Kern Avenue
Tulare, CA 93274 -4257
P URSUANT TO GOVERNMENT CODE SECTION 6 10 3 ,
NO RECORDING FEE REQUIRED.

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

NOTICE IS HEREBY GIVEN THAT:

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

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

3. On the January 13, 2025, a work of improvement on real property hereinafter described was completed by UG2 Tulare CA, LP, a Delaware Limited Partnership, the developer of record, whose address is 1000 Fourth Street, Ste. 290, San Rafael, CA 94901.

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

Restore existing City basin, construction of master plan storm drain lines, manholes, and outlet structure gate.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on January 21, 2025.

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 ________________________ , 2025 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

13.7 Consent Page 2
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Grants of Easement for 709 Academy Avenue

RECOMMENDED ACTION
Authorize the City Manager to execute Grants of Easement from Cheryl Bickel, Trustee of The David C.

Safina and Loyce Safina Trust dated November 21, 2005, for public utility and pedestrian access purposes along the north frontage of 709 Academy Avenue (APN-170-161-027); and authorize the City Manager or his designee to sign the Certificate of Acceptance for the same.

SUMMARY
Cheryl Bickel is constructing a new single-family residence located at 709 Academy Avenue (APN-170- 161-027). As part of the building permit requirements, a 5-foot-wide sidewalk must be installed along the project’s frontage of Academy Avenue. The existing sidewalk configuration on Academy Avenue consists of a sidewalk located within a parkway strip. Due to the existing Academy Avenue right-of-way width, the proposed sidewalk would be located 2.2 feet outside the City’s right-of-way. Consequently, the City requires the property owner to dedicate a 2.2-foot pedestrian access easement to the City for that portion of the sidewalk that will be outside of the right-of-way. In line with City standards, the property owner must also dedicate a six-foot public utility easement behind the City’s current right-of-way. The Grants of Easement for the public utility easement and pedestrian access easement have been executed by the owner and await recordation pending Council approval. Certificates of Acceptance signed by the City Manager will need to be recorded along with the Grants of Easement.

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

LEGAL REVIEW
The standard format of Grant of Easement and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – The property owner cannot proceed with the sidewalk construction until the issue of a portion of the sidewalk being located outside the right-of-way is resolved. Furthermore, a public utility easement outside the City’s right-of-way will not be secured for future use.

3. Table - The property owner cannot proceed with the sidewalk construction until the issue of a portion of the sidewalk being located outside the right-of-way is resolved.

ATTACHMENTS

1. Public Utility Grant of Easement

2. Certificate of Acceptance for Public Utility Easement

3. Pedestrian Access Grant of Easement

4. Certificate of Acceptance for Pedestrian Access Easement Reviewed/Approved:

Item #: 13.8
Consent

13.8 Consent Page 1
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAD.. TO:

City Clerk
City of Tulare
411 East Kem Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER'S USE Grant of Easement

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARYTRANSFERTAXIS$NONE
~ City of Tulare Parcel No.: AP=.....N ..... 1 __ 7 __ 0__ -1 __ 6__ 1- .... 0.... 27....._ _ D Computed on full value of interest or property conveyed, or D Computed on full value less value liens or encumbrances remaining at time of sale, and FOR AV ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Cheryl Bickel, Trustee of The David C. Safma and Loyce Safina Trust dated November 21, 2005 ("Grantor'') Hereby GRANT(S) to the City of Tulare, a Municipal Corporation ("Grantee"), an easement for Public Utility purposes over the real property in the City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT 'A' FOR LEGAL DESCRIPTION AND EXHIBIT 'B' FOR PLAT.

Date:

Grantor: Cheryl Bickel, Trustee of The David C. Safina and Loyce Safina Trust dated November 21, 2005. -
By: ____.,,.., Cfu~
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itle)
-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

On before me,----+------,,.-..------------------
Notary Public, personally appeared ------""T"f'.-+,t-H-....,..__ _ who proved to me on the basis of satisfactory ev· e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exec e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the perso*r ntity upon behalfofwhich the person(s) acted, executed the instrument.

I certify under PENAL TY OF PE ' under the laws of the
State of California that the forego·
Signature of Notary Public (Seal)

13.8 Consent Page 2
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT f CKNOWI.EDGMENTACKNOWl.fOG'-'.lNTACKNO\\'UO(i.~•EmACKNOWl.(DGY.ENTA(KNOWI.EDGM[NTA(l(NQWlEDGMENTII.CKNOWUOGM[NTACKNOWLEDG~\ENTACKN0\\'1.EDG~•(NTACKNOW'LEOGMENIA(KNOWL[DG~\(NTA(I.NOWLEDGMWTA(KNOWl[DGM[NTA(mO'NlEDGM(NTA('-NOWI.EDGM£NTA(KNOWLEDGM[NJACKNOWUDGMENTACKNOWLlOGMENTACKNOIVLEDGMENTA(KNO',\'l[DGM[NT; i A notary public or other officer completing this certificate verifies only the identity of ~ ~ the individual who signed the document to which this certificate is attached, and not ~ i the truthfulness, accuracy, or validity of that document. i ,i ~-------~---~-----------------~ ~
~ ~ I State of California I
! Countyof rnmo I
l On D~~ m 1IJ en V, 1v1l 'hefore me, ¥14 \\ Q l\l(\¼m~,m~~~e ~'"' offrn) I I personally appeared C Y\B Y14 \ tbl Lte \ I
i !
g --------------------------------------------- I ~ g i who proved to me on the basis of satisfactory evidence to be the person~ whose narnetsrts/eee-subscrlbed to ! j the within instrument and acknowledged to me that fle'/she/~ executed the same in ~/her/~ :
0 :
o authorized capacity~); and that by I'm/her/~ signatur~ on the instrument the person~, or the entity g i I upon behalf of which the person~ acted, executed the instrument. I g ~
, I certify under PENALTY OF PERJURY under the laws of the ~~~["""--~~~~~~-- ~ State of California that the foregoing paragraph is true and correct. L'.&i'll~9.l'.. ° KYLIE AN~HID DEAN • l ; COMM. #2455257 z ~
Notary Public • California ~ ~
Fresno County - I
My Comm. Ex ires Ju 27, 20'0 8
• ;
@
Signature ~
(Seal) I
)VllllW9Q]lMQ~)VllllV/90)1MONnVlNJW90llMON~)VlNll"l90llN.ON~)VlNlf~')Q]lMON)DVlHll'i'>OllN.ON~)VJN]l'j')(!JlMON~)VJN31'i'X!]lM0Nll)VlNJl'i'XIJlMONll)VlNJl~')Q]l/,\ON~)Vi Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.

Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of
-------------------
containing--~ pages, and dated _
The signer(s) capacity or authority is/are as:

D lndividual(s)
D Attorney-in-Fact
D Corporate Officer(s) _
Title(s)
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other: _
representing: ----,---------,----,------c-c- ---,----,----,--------,---,-------------- Name(sl of Person(s) or Entity(ies) Signer is Representing .I.'•••• ,1.r.l■ ua1 :1•1•11
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:

Page# Entry#
Notary contact: _
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
□ ---------------
© Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.

13.8 Consent Page 3

EXHIBIT 'A'

LEGALS DESCRIPTION
The North 6.0 feet of Lot 47 in Block "B" of Academy Lots, in the City of Tulare, County of Tulare, State of California, as per Map recorded in Book 5, Page 33 of Maps in the office of the County Recorder of Tulare County.

December 5, 2024

13.8 Consent Page 4
E:XHISIT 16
1 PREPARED BY: NEIL ZERLANG - LAND SURVEYOR
2C!08-B V'IEST MAIN STREET, VISALIA, CA C!32C!I; (55C!) 13C!-I6I6 PREPARED FOR: JOE FLORES
10C! ACADEMY AVENUE, TULARE, CA C!:3214

AGADEMY AVENUE
- 1 ,~METE~R R
~
J_
I

49.00'~ 2'-5'~
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N
,-
Q 1l":

N
~
~

3.1'

SEV'IER

CLEAN OUT
lfi
GAS STlJB OJ_

3.6' ~

2.2' EASEMENT FOR PEDESTRIAN ACCESS
I

6.0' EASEMENT FOR PUBLIC UTILITY PURPOSES
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z
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~
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N
LOT48 LOT41
4C!.80' · ·. ·
L~
SCALE: 1" = 20'
LOT46
SET ~II IRON PIPE _/
TAGGED LS 5358 (TYP.)
24-031 FLORES JUNE 2024

13.8 Consent Page 5

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of Easement dated December 12, 2024, from Cheryl Bickel, Trustee of The David C. Safina and Loyce Safina Trust dated November 21, 2005, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on January 21, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

13.8 Consent Page 6
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kem Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRE D. SPACE ABOVE FOR RECORDER'S USE Grant of Easement

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARYTRANSFERTAXIS$NONE
~ City of Tulare
D Computed on full value of interest or property conveyed, or D Computed on full value less value liens or encumbrances remaining at time of sale, and Parcel No.: .:.., AP::..N...._, l ..... 7-"- 0--"1""' 6.:... 1-.,.0=27,__ _ FOR AV ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Cheryl Bickel, Trustee of The David C. Safina and Loyce Saflna Trust dated November 21, 2005 ("Grantor") Hereby GRANT(S) to the City of Tulare, a Municipal Corporation ("Grantee"), an easement for Pedestrian Access purposes over the real property in the City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT 'A' FOR LEGAL DESCRIPTION AND EXHIBIT 'B' FOR PLAT.

Date: l1·l2·24
Grantor: Cheryl Bickel, Trustee of The David C. Safina and Loyce Safina Trust dated November 21, 2005 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

On _
Notary Public, personally appeared ---------=,oi!;;;_ _ who proved to me on the basis ofsatisfactory eviden be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exec the same in his/her/their authorized capacity(ies), and that by his/her/their , or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY 0
State of California that foregoing paragraph is true at\,d correct.

WITNE SS my hand and official seal.

Signature of Notary Public (Seal)

13.8 Consent Page 7
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT f (MlOWlEOGMENTACKtlOWI.EOGMlNTAC~NOWl.lOGM(NIACKt-.OWUOGM(NTACKNOWlEOGMENTACKNOWLEDGMErlTACIO'lOWlEOGMENIACKNOWl[OGM[NT>.CIUIOWUDGM(Nl'ACKNOWUOGMErfTACl(NOWl(DGM(NIACKNOWUOGM(NTACKNOIVl(OGMENl'ACKNOWlEDGMENTAC~NOWUDGMENJ,'.(t;NOWUOGM(NTACKNOIVUOGMtNTACKNOWUOGMENT.O,CI\NOWl(OGMlNIA.CKNOWl.EOGMENI~ ! A notary public or other officer completing this certificate verifies only the identity of i ~ the individual who signed the document to which this certificate is attached, and not ~ § the truthfulness, accuracy, or validity of that document. i i ~--------~---~-----------------~ ~ ~ State of California I ~ ~ i County of IV11rY\0 I
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i On D~c~ronev \J;,1AYL4-'beforeme, \::kJ\"\Q ~Mh-~ ~~/In I ~ (here insert name and title of the officer) ~ I personallyappeared CY\evl(J\ ~iCt:?el I ~ ~ i i
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i ,: who proved to me on the basis of satisfactory evidence to be the persorss-whose namefst-is/~ubscribed to i g i the within instrument and acknowledged to me that rn:/she/~ executed the same in ffl/her/~ ~ 0 ;
8 authorized capacit~ and that by M/herAAe+f. siqnaturejsr-on the instrument the person,fst, or the entity , i upon behalf of which the persor$racted, executed the instrument. ~ ~ !
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~ I certify under PENALTY OF PERJURY under the laws of the .,.,"""""""' KYLIE ANAHID DEAN ' ~ ! State of California that the foregoing paragraph is true and correct. ~~~~ COMM. #2455257 z I ~ ruJ~~l!Y Notary Puplic - California :u 8
i Fresno County ~ !
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VlNlW'XlllMONX)V!NlVi'XlllMOm)YINlf~'XllW,ON)l)VJ.NJW'XlllMON~)VlNl\\'XllV.10Nll)VlNM'XlJ1MON~)VlNJW'Xll1/,\0N~)VlNl\'l'XlllM0tf;l)VlNl\'i'XlJW,0Nll)V1N)Yi'Xl}1M0tf;l)VlNJ\'l'XlllM0Nll)VJJlJ\'!'Xll1MON~)VJJil\'!'Xlll.',\ONDVJJil<~'Xll1MONDV---< Signature
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of
-------------------
containing pages, and dated _
The signer(s) capacity or authority is/are as:
0 lndividual(s)
0 Attorney-in-Fact
0 Corporate Officer(s) _
Title(s)
0 Guardian/Conservator
0 Partner - Limited/General
0 Trustee(s)
0 Other: _
representing: _
Name{s) of Person(s) or Entity{ies) Signer is Representing Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:

Page# Entry#
Notary contact: _
Other
0 Additional Signer(s) 0 Signer(s) Thumbprint(s)
□
© Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. 13.8 Consent Page 8

EXHIBIT 'A'

LEGALS DESCRIPTION
The North 2.2 feet of Lot 47 in Block "B" of Academy Lots, in the City of Tulare, County of Tulare, State of California, as per Map recorded in Book 5, Page 33 of Maps in the office of the County Recorder of Tulare County.

December 5, 2024

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eXHl6l1 ·e·
PREPARED BY: NEIL ZERLANG - LAND SURVEYOR
2'l08-B V'H:ST MAIN STREET, VISALIA, CA Cl32% (55Cl) 13<:l-I6I6 PREPARED FOR: JOE FLORES
10Cl ACADEMY AVENUE, TULARE, CA Cl3214
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2.2' EASEMENT FOR PEDESTRIAN ACCESS
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6.0' EASEMENT FOR PUBLIC UTILITY PURPOSES
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24-031 FLORES JUNE 2024

13.8 Consent Page 10

OFFICE OF THE CITY CLERK

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

13.8 Consent Page 11
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Police
Submitted by: Jessica Stanley, Department Assistant
Agenda Title: Police Department Citizen Complaint Review Board Annual Report

RECOMMENDED ACTION
Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2024.

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

Together, the Police Department and the City Clerk’s Office received ten complaints forms during the year. Attached is the annual report for the calendar year 2024.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. 2024 Annual Report
Reviewed/Approved:

Item #: 13.9
Consent

13.9 Consent Page 1

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

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

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

Misuse of force 4
False arrest 6
Discrimination 1
Criminal conduct 2
Use of racial/ethnic slurs 0
Abuse of authority 6
Extreme discourtesy 5
Serious misconduct 5
Not in scope of Board 4
Not filed timely -
Withdrawn by Complainant -
Other 4
Note: Of the eight claims, five were filed under multiple categories.

The findings of the Investigation Captain were accepted in four of the complaints. The remaining four complaints were found by the Board to not be within their scope of authority.

13.9 Consent Page 2
Total
Complaints
Non Criminal
Misdemeanor
Felony
Total Complaints
Made in Local
Detention Facilities
Non Criminal
Misdemeanor
Felony
Total Racial and
Identifying Profiling
Complaints

PENDING NUMBER

UNFOUNDED
NUMBER

NOT SUSTAINED
NUMBER

EXONERATED
NUMBER

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

Phone Number:

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

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

DEPARTMENT OF JUSTICE

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

STATE OF CALIFORNIA

Page 1 of 2 ends

Year of Report: NCIC Number:

Print Form Reset Form

13.9 Consent Page 3
defined as the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.

10. Enter the number of complaints "unfounded" during the year in the “unfounded” column opposite the type of complaint which properly identifies it. Unfounded is defined as the investigation clearly established that the allegation is not true.

11. Enter the number of complaints reported in this reporting year that are still "pending."

1. All reporting agencies shall report the total number of complaints, broken out by noncriminal, misdemeanor and felony complaints. In addition to total complaints, police and sheriff's departments shall also include the number of complaints made from inmates that have been admitted to their local detention facility (city or county jail).

2. Enter the total number of complaints alleging racial or identity profiling, as well as the specific type(s) of racial or identity profiling alleged. “Racial or identity profiling,” is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and non consensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.

3. Definitions of civilians' complaints and the method of their calculation should be determined by each police agency under Penal Code 832.5, which requires police agencies to establish procedures to investigate such complaints and make written description of the procedures used.

4. While reporting agencies have the discretion to determine the scope and format of civilian complaints and reporting procedures, at a minimum, agencies must report the data elements listed above.

5. The primary unit of count should be the actual event. An event is defined as an occurrence of alleged misbehavior which has unity of time, place, and behavior. In some circumstances where there are multiple alleged victims, consideration should be given to modifying the counting procedure to account for the number of victims.

6. Enter the number of complaints "reported" during the reporting year in the reported column opposite the "type" of complaint which properly identifies it.

7. Enter the number of complaints “sustained” during the year in the "sustained" column opposite the appropriate type of complaint which properly identifies it. Sustained is defined as the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by the preponderance of evidence.

8. Enter the number of complaints “exonerated” during the year in the “exonerated” column opposite the type of complaint which properly identifies it. Exonerated is defined as the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.

9. Enter the number of complaints "not sustained" during the year in the “not sustained” column opposite the type of complaint which properly identifies it. Not sustained is a. Race or ethnicity bias is defined as a preformed negative opinion or attitude toward a group of persons, such as Asians, blacks, or whites, based on physical characteristics or toward a group of persons of the same race who share common or similar traits in language, custom, and tradition.
b. Nationality bias is defined as a preformed negative opinion or attitude toward a group of persons based on their national origin.
c. Gender bias is defined as a preformed negative opinion or attitude toward a group of persons based on their gender.

d. Age bias is defined as a preformed negative opinion or attitude toward a group of persons based on their age.
e. Religion bias is defined as a preformed negative opinion or attitude toward a group of persons based on religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being. Examples are Catholics, Jews, Protestants, or Atheists.
f. Gender identity or expression bias is defined as a preformed negative opinion or attitude toward a group of persons based on how that group chooses to identify or express their gender preference.
g. Sexual orientation bias is defined as a preformed negative opinion or attitude toward a group of persons based on sexual preferences and/or attractions toward and responsiveness to members of their own or opposite sexes. h. Mental disability bias is defined as a preformed negative opinion or attitude toward a group of persons based on mental impediments/ challenges, whether such disabilities are congenital or acquired by heredity, accident, injury, advanced age, or illness.
i. Physical disability bias is defined as a preformed negative opinion or attitude toward a group of persons based on physical impediments/ challenges, whether such disabilities are congenital or acquired by heredity, accident, injury, advanced age, or illness.

INSTRUCTIONS

12. Complaint type definitions:

13. If you have no reported, sustained, exonerated, not sustained, unfounded, or pending complaints to report for the year, write the word "none" across the face of the report form and return to the Criminal Justice Statistics Center.

DEPARTMENT OF JUSTICE

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

STATE OF CALIFORNIA

Page 2 of 2 ends

13.9 Consent Page 4
Police Review Board
2024 Attendance Record
(Present = X)
Date Karen
Presant
Duane
Goree
Joshua
Weatherbie
Charlie
Ramos
Danny
Giotto
Jennifer
Burcham
Julie
Leighty
01/09/24
02/13/24
03/12/24 X X X X X
04/09/24
05/14/24 X X X X X X
06/11/24
07/09/24
08/13/24
09/10/24
10/08/24 X X X X X X
11/12/24
12/10/24 X X X X X
Staff Present:
01/09/24 – CANCELLED, NO NEW BUSINESS
02/13/24– CANCELLED, NO NEW BUSINESS
03/12/24 -MERRILL, MEDINA, ROBYN
04/09/24– CANCELLED, NO NEW BUSINESS
05/14/24 – BOATMAN, MEDINA, ROBYN, JESSICA
06/11/24– CANCELLED, NO NEW BUSINESS
07/09/24– CANCELLED, NO NEW BUSINESS
08/13/24– CANCELLED, NO NEW BUSINESS
09/10/24– CANCELLED, NO NEW BUSINESS
10/08/24 -MERRILL, MEDINA, JESSICA
11/12/24– CANCELLED, NO NEW BUSINESS
12/10/24 -MERRILL, MELIKIAN, JESSICA

13.9 Consent Page 5
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of One Chevrolet Truck for the Police Department

RECOMMENDED ACTION
Award the purchase of one new/unused 2025 Chevrolet Silverado 1500 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $51,027.99, which includes all fees, tax, and shipping.

SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one (1) new/unused 2025 Chevrolet Silverado 1500 truck from National Auto Fleet Group, of Watsonville, CA in the amount of $51,027.99.

The proposed truck is a replacement unit as follows:

Replacement
Unit New vehicle Cost Budget
Police – Investigations Unit #375 2025 Chevrolet Silverado $51,027.99 $45,000 The proposed truck will replace unit #375 which is a 2012 Ford F-150 truck that was programmed in the FY 2024/25 budget for replacement.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicle will come from the Fleet Replacement Funds for Police (Fund 604). The requested budget for the truck was $45,000 and the cost for new truck is $51,027.99. The Police Department budgeted $125,000 to replace three investigations unit this fiscal year. Staff is working to purchase those three units within the total budget and will include trading in/auctioning two of the three replaced units. The additional cost of this unit will be covered by the overall replacement budget.

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

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If not approved, Police will continue to use the existing unit until a new vehicle can be purchased.

Item #: 13.10
Consent

13.10 Consent Page 1

ATTACHMENTS

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

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Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Community Development - Housing
Submitted by: Mario Anaya, Community Development Director Agenda Title: Allocation of Housing and Homelessness Incentive Program (HHIP) Grant

RECOMMENDED ACTION
Approve the allocation of one-time Housing and Homelessness Incentive Program (HHIP) grant funds in the amount of $147,000 to an existing shower and hygiene services provider under the Encampment Resolution Funding Second Round Project according to the terms and conditions of the HHIP Program and those specified in Tulare County Agreement No. PA15478.

SUMMARY
In January of 2024 the Community Development Department staff received notification from the County of Tulare Health and Human Services Agency (HHSA) of a one-time grant opportunity available to the County of Tulare through the managed care plan providers such as Anthem Blue Cross and Health Net.

The Housing and Homeless Incentive Program (HHIP) is available to the County of Tulare sought and may supplement existing hygiene and related services for people experiencing homelessness under the City’s Encampment Resolution Funding project. Given that HHIP guidelines require the delivery of hygiene services and behavioral healthcare assessments, staff advised City Management to secure the one-time HHIP funds for the purpose of supplementing the shower and hygiene service implemented by the Clean the World Foundation under the City’s existing Encampment Resolution Funding (ERF) Program. Attached to this staff report is service agreement established in March 2024 between the City of Tulare and County of Tulare that obligates a total of $147,000 in HHIP funds for delivery of an eligible HHIP service for unhoused people within the City of Tulare. If approved as presented, the allocation of HHIP grants will permit the continuation of shower and hygiene services for unhoused people residing at the City’s temporary encampment area through about the middle of April 2025.

FISCAL IMPACT & FUNDING SOURCE(S)
If approved as presented, the allocation of a HHIP grant in the amount of $147,000 will enable the City to amend an existing service agreement with the Clean the World Foundation and continue shower and hygiene services for a fixed period of time at no impact to the General Fund or other grant sources.

LEGAL REVIEW
This item does not require legal review.

Item #: 13.11
Consent

13.11 Consent Page 1

ALTERNATIVE ACTION

1. Approve with changes: Community Development Department will adjust the allocation amount and/or terms of the HHIP grant with consent of the Board of Supervisors of the County of Tulare.

2. Deny: The City will incur costs for the provision of shower and hygiene service in excess of available grant funds.

3. Table: Rescheduling consideration of this item to a later City Council meeting may increase the amount of shower and hygiene shower costs that are not billable to a grant source.

ATTACHMENTS

1. Tulare County Agreement NO. PA15478
Reviewed/Approved:

13.11 Consent Page 2

COUNTY OF TULARE

GENERAL SERVICES AGENCY, PURCHASING DIVISION

SERVICES AGREEMENT FORM
REVISION APPROVED 01/01/2021
TULARE COUNTY AGREEMENT NO. PA15478

COUNTY OF TULARE

GENERAL SERVICES AGENCY, PURCHASING DIVISION

SERVICES AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into as of _____________________, between the COUNTY OF TULARE, a political subdivision of the State of California (“COUNTY”), and CITY OF TULARE, a California Public Entity (“CONTRACTOR”). COUNTY and CONTRACTOR are each a “Party” and together are the “Parties” to this Agreement, with reference to providing access to mobile hygienic services.

THE PARTIES AGREE AS FOLLOWS:

1. TERM: This Agreement becomes effective on the date first written above and shall expire at 11:59 PM on December 31, 2025, unless earlier terminated as provided below, or unless the Parties extend the term by a written amendment to this Agreement.

2. SERVICES: CONTRACTOR shall provide COUNTY with the services shown on the attached Exhibit A.

3. PAYMENT FOR SERVICES: As consideration for the services provided by CONTRACTOR hereunder, COUNTY shall pay CONTRACTOR no more than a total of ONE HUNDRED FORTY-SEVEN THOUSAND AND 00/100 dollars ($147,000.00) for all services rendered under this agreement in accordance with the attached Exhibit B. Expenses for other services or materials not herein listed are neither authorized nor reimbursable. CONTRACTOR shall submit for COUNTY approval a detailed invoice describing the work performed. All payments under this Agreement shall be made in accordance with the COUNTY’S normal payment cycle. CONTRACTOR will not charge, and COUNTY will not pay, any late fee or other late payment penalty.

4. INSURANCE: Before approval of this Agreement by COUNTY, CONTRACTOR must submit to the Department or to the Purchasing Division evidence of the required insurance as set forth in the attached Exhibit C.

5. GENERAL AGREEMENT TERMS AND CONDITIONS: COUNTY’S “General Agreement Terms and Conditions (revised 01/01/2021)” are hereby incorporated by reference and made a part of this Agreement as if fully set forth herein. COUNTY’S “General Agreement Terms and Conditions” can be viewed at https://tularecountycounsel.org/main/contract-exhibits/ DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4 3/11/2024

13.11 Consent Page 3

6. ADDITIONAL EXHIBITS: CONTRACTOR shall comply with the terms and conditions of the Exhibits listed below and identified with a checked box, which are by this reference made a part of this Agreement.

Complete Exhibits D, E, F, G, G-1, H, and I can be viewed at https://tularecountycounsel.org/main/contractexhibits/ Exhibit D Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement
Exhibit E Cultural Competence and Diversity
Exhibit F Information Confidentiality and Security Requirements Exhibit G Contract Provider Disclosures (Must be completed by Contractor and submitted to County prior to approval of agreement.)
Exhibit G1 National Standards for Culturally and Linguistically Appropriate Services (CLAS) in Health and Health Care
Exhibit H Additional terms and conditions for federally funded contracts Exhibit I American Rescue Plan Addendum

7. NOTICES: (a) Except as may be otherwise required by law, any notice to be given must be written and must be either personally delivered, sent by electronic transmission via facsimile or e-mail, or sent by first class mail, postage prepaid and addressed as follows:

COUNTY: BILLING/INVOICE INQUIRIES:

COUNTY OF TULARE
Purchasing Division
2637 W. Burrel Ave., Suite 200
Visalia, CA 93291
Phone No.: 559- 205-1100
Fax No.: 559- 687-6939
Email: [email protected]

HEALTH AND HUMAN SERVICES AGENCY
Attn: HHSA Contracts
5957 S. Mooney Blvd.

Visalia, CA 93277
Phone No.: (559) 624-8432
Fax No.: 559-713-3718
Email: [email protected]
CONTRACTOR:

CITY OF TULARE
411 E Kern
Tulare, CA, 93274
Phone No.: 559-685-2330
Email Address: [email protected]
(b) Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail will be deemed received on the fifth calendar day after the date of mailing. Either Party may change the above address by giving written notice under this section.

DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

13.11 Consent Page 4

8. AUTHORITY: CONTRACTOR represents and warrants to COUNTY that the individual(s) signing this Agreement on its behalf are duly authorized and have legal capacity to sign this Agreement and bind CONTRACTOR to its terms. CONTRACTOR acknowledges that COUNTY has relied upon this representation and warranty in entering into this Agreement.

9. COUNTERPARTS: The Parties may sign this Agreement in counterparts, each of which shall be deemed an original and all of which taken together form one and the same agreement. A signed copy or signed counterpart of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of a signed original or signed copy of this Agreement.

10. MANUAL OR ELECTRONIC SIGNATURES: The Parties may sign this Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Agreement and to have the same force and effect as a manual signature. For purposes of this Agreement, the term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Agreement and executed and adopted by a Party with the intent to sign this Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to time. [THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE] DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

13.11 Consent Page 5
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF TULARE
Date: $docusign:DateSigned::Customer1 By $docusign:SignHere::Customer1 Print Name $docusign:FullName::Customer1
Title $docusign:Title::Customer1
Date: $docusign:DateSigned::Customer2 By $docusign:SignHere::Customer2 Print Name $docusign:FullName::Customer2
Title $docusign:Title::Customer2
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]

COUNTY OF TULARE
Date: $docusign:DateSigned::InternalSigner By $docusign:SignHere::InternalSigner Purchasing Agent or Designee

DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4 City Manager
Marc Mondell
3/11/2024
3/11/2024

13.11 Consent Page 6
Scope of Work: Mobile Shower Unit
Overview
Providing access to hygiene services creates a point of connection and service delivery in an efficient manner that also provides a direct personal and health benefit to those who engage in this service. Individuals served will be connected to the homeless response system and screened for additional benefit eligibility.

The primary source of funds to support this activity are the Housing and Homelessness Incentive Program (HHIP) and is one of the HCBS Transitions initiatives. HHIP is a voluntary incentive program that will enable Medi-Cal managed care plans (MCPs) to earn incentive funds for making progress in addressing homelessness and housing insecurity as social determinants of health.

The MCPs Blue Cross of California Partnership Plan, Inc. and its affiliates (“Anthem”), and Health Net, LLC ("Health Net'') and California Health & Wellness Plan (“CHW”), sometimes collectively referred to as “the Health Plan,” have engaged in strategic planning discussions with the Kings Tulare Homeless Alliance (“KTHA”) and the Tulare County Health & Human Services Agency (“HHSA”), and other community partners relating to local areas of need and opportunity in serving unhoused individuals in Tulare County.

The Tulare Countywide Homeless Task Force (“HTF”) created a strategic plan titled, “Pathway Home: Responding to Homelessness in Tulare County.” This plan has been adopted by the jurisdictions within the county and was developed through an extensive stakeholder engagement process.

This agreement is intended to address the following area of Pathway Home:

Goal 2: Increase Access to Critical Services to Support Tulare County’s Homeless Residents Exit Homelessness
Strategy 2.2: Establish a mobile multi-disciplinary program to support health and wellness and provide connections to benefits and other resources to exit homelessness.

An identified area of need is access to hygiene and sanitation including showers and laundry services. Providing access to these resources can also be utilized as access points to engage individuals for Enhanced Care Management (“ECM”) and Community Support (“CS”) services as well as connect individuals served to the Homeless Management Information System (“HMIS”) and associated services such as the DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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Coordinated Entry System for access the housing priority list.

The most recent Point-In-Time count took place in January 2023. Tulare County was reported as having 1053 individuals experiencing homelessness with 299 in Porterville, 284 in Tulare, 434 in Visalia, and 36 in the balance of the county. Many of these individuals have no reliable access to basic hygiene and sanitation services such as running water, showers, bathrooms, or laundry.

City of Tulare
The City of Tulare, in partnership with community-based organizations and other public agencies, currently provides and welcomes additional support services, emergency shelter, and permanent housing options for residents that are at-risk or experiencing homelessness. A mix of readily accessible and effective field and clinical services, together with ample interim and permanent housing options, are central to preventing and mitigating homelessness and its various impacts locally and county-wide. Under the current five-year consolidated plan (2020 to 2024), the City actively secures and invests federal and state grant funds to build street outreach, case management, and housing navigation for unhoused people and expand access to and the amount of affordable permanent housing for people at-risk or currently experiencing homelessness. For example, year-to-year staffing and financing for case management and housing navigation tripled from Fiscal year 2022 to 2023 with the onset of two (2) separate Encampment Resolution Funding (ERF) Program grants. Additionally, with state Permanent Local Housing Allocation and federal HOME Investment Partnerships Program funds, the City aided the construction of permanent supportive housing for 12 chronically unhoused people within the Santa Fe Commons I project. And as key points of access to services, the City established a designated encampment area in February 2023 and plans to open an emergency shelter complex with about 200 beds by the Spring of 2025. Collectively, elected officials, executive team members, and departmental staff are committed to joint planning efforts with the Kings Tulare Continuum of Care Agency as well as the Tulare County Homelessness Taskforce. And where feasible, the City encourages shared initiatives that may mitigate the diverse effects of homelessness. To this end, the City welcomes an investment in hygiene services of the ERF project, which consist of a four-stall bathroom and shower trailer and third-party operator, that is available to unhoused people within street and/or facility settings. About 252 showers are provided monthly under a ‘fresh start wash and wellness’ program with the Clean the World Foundation, Inc.. This usage rate over twelve months signals a persistent need and demand within the ERF project for this type of hygiene and palliative care service. With the focus population of the ERF project at roughly 140 unhoused people and an extended project term into 2025, the City seeks assistance to ensure the shower service continues at an adequate level for unhoused DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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clients residing at the designated encampment area and the future emergency shelter facility.

Description of Activity
Funds granted to the City of Tulare will be utilized to increase the availability of access to sanitation and hygiene services via mobile showers or laundry in the region and provide access to those living unsheltered.

It is foreseen that these services will be offered at fixed locations in each jurisdiction until the grant funds and any other leveraged funding is exhausted or the need for these temporary services is diminished by the establishment of long-term resources such as the opening or expansion of a navigation center. Alternatively, these services may be offered at multi-locations either via multiple units or via one or more units that travel between locations. The best service delivery model shall be determined by the City of Tulare within their jurisdiction and agreed upon by the County.

Funds will support the HHIP Grantee with providing mobile showers, mobile washers and/or dryers to be used for people experiencing unsheltered homelessness, particularly those living in encampments. Besides providing a basic need, the mobile showers will also serve as an access point for outreach and engagement, Coordinated Entry System (CES) engagement, and connection to various services including ECM and CS.

Deliverables
Grantee will do the following:
• Track individuals who receive services through the mobile showers, mobile washer and dryer service in HMIS.
• Track the number of persons served through the mobile showers or mobile washer and dryer service.
• Provide brief written updates to County on development/implementation of mobile shower or mobile washer and dryer service programs. • Refer individuals who receive mobile shower, mobile washer and dryer service to ECM and CS as appropriate.

City of Tulare must provide screening and linkage to Enhanced Care Management (“ECM”) and Community Support (“CS”) services as related to California Advancing and Innovating MediCal (“CalAIM”) service delivery.

City of Tulare must either provide ECM or CS services directly or articulate a plan to refer individuals to a provider of these services.

City of Tulare shall enter into the Homeless Management Information System (“HMIS”) all individuals served by this program. If an individual is not already entered into HMIS, DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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City of Tulare shall ensure enrollment into HMIS with all Universal Data Elements being mandatory and Common Data Elements being preferable.

City of Tulare may offer all or part of these services directly or may subgrant funds to another entity provided that entity meet all requirements presented in this agreement.

1. Universal Data Elements (UDE)
a. 3.1 Name
b. 3.2 Social Security Number
c. 3.3 Date of Birth
d. 3.4 Race
e. 3.5 Ethnicity
f. 3.6 Gender
g. 3.7 Veteran Status
h. 3.8 Disabling Condition
i. 3.9 Living Situation - geolocation may be updated
j. 3.10 Project Entry Date
k. 3.11 Project Exit Date
l. 3.12 Destination
m. 3.13 Personal ID
n. 3.14 Household ID
o. 3.15 Relationship to Head of Household
p. 3.16 Client Location

2. Common Data Elements(CDE)
a. 4.02 Income and Sources
b. 4.03 Non-Cash Benefits
c. 4.04 Health Insurance
d. 4.05 Physical Disability
e. 4.06 Developmental Disability
f. 4.07 Chronic Health Condition
g. 4.08 HIV/AIDS
h. 4.09 Mental Health Problem
i. 4.10 Substance Use Disorder
j. 4.11 Domestic Violence
k. 4.12 Current Living Situation
l. 4.13 Date of Engagement
m. 4.14 Bed-Night Date
n. 4.19 Coordinated Entry Assessment
o. 4.20 Coordinated Entry Event
DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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Description of Grant/Investment
Priority Area 1: Partnership and Capacity to Support Referrals for Services ☒ 1.2 Connection and Integration with the local Homeless Coordinated Entry System (DHCS Priority Measure)
Priority Area 3: Delivery of Services and Member Engagement ☒ 3.3 MCP members experiencing homelessness who were successfully engaged in ECM
☒ 3.4 MCP members experiencing homelessness receiving at least one housing related Community Supports (DHCS Priority Measure)
Funding
Funding is available from the execution of this agreement until: December 31, 2025 The total amount of funding shall be: $147,000.00
Funds shall be utilized for the rental and operation of temporary units that provide shower or laundry facilities and associated staffing and supplies. The term “mobile” refers to the units being non-permanent structures, but units need to operate only at a minimum of one location.

DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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City of Tulare
Mobile Shower Unit Budget
Budget
The budget reflects personnel and non-personnel operating expenses of the existing shower service. The budget is based on operation of all four (4) private bathroom and shower-stalls through Clean the World Foundation, Inc., for a minimum of six (6) months and at a level of three (3) periods / days of service per week and five (5) hours of access per period. The proposed budget is subject to change and adjustable to meet changes in demand. For example, City staff may lower the weekly service level to achieve 12 months of access, though at a lower level of capacity for clients compared to the current arrangement.

Line Item Subtotal Grand Total
Shower Manager 1
FTE – Salary and
Fringe
$30,000
Shower Manager 0.5
FTE – Salary
$4,000
Regional Director –

0.25 FTE – Salary
$10,000
CTW Managed
Services / Fee
$72,000
Personnel $116,000
Maintenance - Truck
and Shower Unit
$1,200
Fuel $3,600
Liability Insurance $6,000
Supplies – Shower Unit $600
Towels / Line Service $3,000
Hygiene Kits $16,600
Operating $31,000
Total (6 months) $147,000
DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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EXHIBIT C

NON-PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and damage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable.

A. Minimum Scope & Limits of Insurance

1. Commercial General Liability coverage of $1,000,000 on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury (occurrence Form CG 00 01). If a general aggregate applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit must be no less than $2,000,000.

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, (any auto) of no less than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate applies it must be no less than $2,000,000.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

B. Specific Provisions of the Certificate

1. If any of the required insurance is written on a claims made form, the retroactive date must be before the date of the contract or the beginning of the contract work and must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work.

2. CONTRACTOR must submit endorsements to the General Liability reflecting the following provisions:
a. The COUNTY OF TULARE, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operation.
b. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the COUNTY, its officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by the COUNTY, its officers, agents, officials, employees or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
c. Each insurance policy required by this agreement shall provide that coverage shall not be canceled, except with written notice to the COUNTY. d. CONTRACTOR hereby grants to COUNTY a waiver of any right to subrogation which any insurer of the CONTRACTOR may acquire against the COUNTY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the COUNTY has received a waiver of subrogation endorsement from the insurer.

DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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3. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNTY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

CONTRACTOR waives all rights against the COUNTY and its officers, agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employersliability.

C. Deductibles and Self-Insured Retentions
Deductibles and Self-insured retentions must be declared and any deductible or self-insured retention that exceeds $100,000 will be reviewed by the COUNTY Risk Manager for approval.

D. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor’s rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to approval by the County Risk Manager.

E. Verification of Coverage
Prior to approval of this Agreement by the COUNTY, the CONTRACTOR shall file with the submitting department, certificates of insurance with original endorsements effecting coverage in a form acceptable to the COUNTY. Endorsements must be signed by persons authorized to bind coverage on behalf of the insurer. The COUNTY reserves the right to require certified copies of all required insurance policies at any time.

WAIVERS:

I represent and attest that I am a person authorized to make representations on behalf of the CONTRACTOR, and represent the following:
(Mark X if applicable)
Automobile Exemption: I certify that does not own nor use vehiclesin the performance of the agreement for which this insurance requirement isattached.

Workers’ Compensation Exemption: I certify that is not required to carry workers’ compensation coverage or hasfiled an exemption with the State of California asrequired by law.

I acknowledge and represent that we have met the insurance requirements listed above.

Print Name Date:

Contractor Name
Signature
Rev. 12-18
DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4 Marc Mondell 3/11/2024
City of Tulare

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ATTENTION ALL COUNTY OF TULARE

CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

As a reminder, agreements with the County of Tulare include portions which require compliance with all local, state, and federal laws and directives which includes Executive Orders such as the EO discussed here. The EO may not apply to or effect your agreement with the County. Please reach out to our department in order to seek clarification should you have any questions.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

DocuSign Envelope ID: 11947F73-C3D3-4E32-AF96-FBB158E012D4

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Certificate Of Completion
Envelope Id: 11947F73C3D34E32AF96FBB158E012D4 Status: Completed Subject: TULARE COUNTY SERVICE AGREEMENT PA15478
Source Envelope:

Document Pages: 13 Signatures: 3 Envelope Originator:

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

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
3/7/2024 4:39:01 PM
Holder: Louie Manalo
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
Marc Mondell
[email protected]
City Manager
City of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.115.202.162
Sent: 3/7/2024 4:41:02 PM
Resent: 3/11/2024 10:21:21 AM
Viewed: 3/11/2024 11:15:31 AM
Signed: 3/11/2024 11:16:35 AM
Electronic Record and Signature Disclosure:

Accepted: 3/11/2024 11:15:31 AM
ID: 2f59adcc-35bf-4f77-9f01-130add4af27f
Michael Fernandez
[email protected]
Supervising Procurement Specialist
Tulare County Purchasing
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.7
Sent: 3/11/2024 11:16:36 AM
Viewed: 3/11/2024 11:19:59 AM
Signed: 3/11/2024 11:20:07 AM
Electronic Record and Signature Disclosure:

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

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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/7/2024 4:41:02 PM
Certified Delivered Security Checked 3/11/2024 11:19:59 AM Signing Complete Security Checked 3/11/2024 11:20:07 AM Completed Security Checked 3/11/2024 11:20:07 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

13.11 Consent Page 17

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: Marc Mondell

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

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

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

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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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 Until or unless you notify Carahsoft OBO County of Tulare as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO County of Tulare during the course of your relationship with Carahsoft OBO County of Tulare.

13.11 Consent Page 20
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Cartmill Commons Offsite Storm Dain Improvements Oversize Agreement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversized construction reimbursement agreement with UG2 Tulare CA, LP, a Delaware Limited Partnership for construction costs associated with the Cartmill Commons commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager; authorize a transfer from the Storm Drain Facilities Development Impact Fee Fund (Fund 301) to the General Fund (Fund 001) of $406,649.30; and authorize the establishment of $406,649.30 appropriation in the General Fund Oversize Liability – Principal (001-4751-8206) account for the payment of the reimbursement attributable to new growth.

SUMMARY
As part of the Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street (a.k.a., Gem Street), UG2 Tulare CA, LP (Developer) is required to restore the existing City basin located directly south of the proposed project to its original condition and repair/replace portions of the regional storm drain system that were partially constructed but left uncompleted by a previous development. These improvements are required to serve regional needs beyond what is required for just this development. Costs associated with the supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

FISCAL IMPACT & FUNDING SOURCE(S)
Sufficient fund balance exists in the Streets & Traffic Signals Development Impact Fee Fund to accommodate the transfer of $406,649.30 to the General Fund to cover the cost of oversize reimbursement.

Fund 301 (DIF – Storm Drain Facilities) $406,649.30

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

ALTERNATIVE ACTION

1. Approve with changes - Minor changes would likely result in no impact.

2. Deny - The City entered into a preliminary oversized construction reimbursement agreement with the developer prior to start of construction for the work. Per the provisions of the fee mitigation act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits.

Item #: 13.12
Consent

13.12 Consent Page 1

3. Table - A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

ATTACHMENTS

1. Cartmill Commons Oversized Reimbursement Agreement
Reviewed/Approved:

13.12 Consent Page 2

13.12 Consent Page 3

13.12 Consent Page 4

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13.12 Consent Page 7
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Mario Zamora, City Attorney
Agenda Title: Memorandum of Understanding with Tulare Police Officers Union

RECOMMENDED ACTION
Adopt the Three-Year Memorandum of Understanding (July 1, 2024 through June 30, 2027) by and between the City of Tulare and the Tulare Police Officers Union (TPOU).

SUMMARY
The City has reached an agreement with TPOU. Staff is presenting the Three-Year Memorandum of Understanding (MOU) for a period of July 1, 2024 though June 30, 2027 for Council approval. This MOU outlines agreed upon changes, which includes an agreement to meet/confer during the term of this agreement to update the MOU for language clarification and legal updates only. This MOU further outlines agreed upon changes to salary and benefits. Following is a summary of the main points of the salary and benefits changes as authorized by City Council and accepted by TPOU.

Term
Three-year term July 1, 2024-June 30, 2027 with retroactivity for base pay, and overtime included).

Salary
Four percent (4.0%) increase retroactive to the pay period beginning on July 13, 2024.

Four percent (4.0%) increase effective with the first full pay period in July 2025.

Four percent (4.0%) increase effective with the first full pay period in July 2026.

Service Pay
In addition to the current steps, increase to 3.5% at 15 years, and add 4.0% at 20 years of service.

Previous law enforcement service to be counted and definitions added for clarification.

Bilingual Pay
Increase from 2.5% to 3.0% of base salary.

Uniform Allowance
Increase to $1,300 annually.

Specialty Assignment Pay
SWAT/Hazard pay of 2.5% in addition to the current annual incentive of $1,200.

Field Training Officer (FTO’s) pay of 2.5% of base pay to selected FTO’s regardless of whether they are assigned a trainee.

Current Education pay would remain 5.0%
Item #: 13.13
Consent

13.13 Consent Page 1
Long Term Disability
City will contribute 100% of monthly cost to the Long-Term Disability Plan.

FISCAL IMPACT & FUNDING SOURCES
Approximately $1,600,000 over the course of 3 years, all to be provided by the General Fund. An additional appropriation of $325,000 will be needed to fund this year’s salary increases that were more than what was originally anticipated in the adopted budget. The increases in later years will be included in future budgets.

LEGAL REVIEW
This item has been reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Example explanation of consequence(s) for alternative action taken:

If the TPOU MOU is not approved, the current MOU will continue to be operational until such time as an agreement is reached.

ATTACHMENTS

1. TPOU MOU (July 1, 2024 through June 30, 2027)
Reviewed/Approved:

13.13 Consent Page 2
1 MEMORANDUM
OF

UNDERSTANDING
By and Between the
City of Tulare and the
Police Officers Union
July 1, 2024 through June 30, 2027

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2 MEMORANDUM OF UNDERSTANDING
July 1, 2024 through June 30, 2027

A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF TULARE AND

THE TULARE POLICE OFFICERS UNION

TABLE OF CONTENTS
I. Recognition ....................................................................................................................5 II. Purpose............................................................................................................................5 III. Non-Discrimination......................................................................................................5 IV. Maintenance of Benefits............................................................................................5 V. City Authority.................................................................................................................5 VI. Employee Right to Representation.........................................................................6 VII. Availability Of Rules and Regulations.....................................................................6 VIII. Work Access and Employee Information..............................................................6 IX. Notice of Change of Work Rules..............................................................................6 X. Salary .........................................................................................................6 XI. Severability......................................................................................................................6 XII. Renegotiation................................................................................................................7 XIII. Provisions Regarding Americans With Disabilities Act......................................7 XIV. Term .........................................................................................................7 XV. Compensation and Hours..........................................................................................7 A. Application of Salary Ranges and Rates.........................................................7 B. Standard Work Period .........................................................................................8 C. Exceptions to Standard Work Periods............................................................8 D. Computation of Salary.........................................................................................8 E. Overtime Policy: Definition................................................................................8 F. Overtime Compensation.....................................................................................8

1. General Provisions.......................................................................................8

2. Compensation for Position of Acting Sergeant or Lieutenant........9

3. Compensation for Investigations Stand-By ..........................................9

4. Compensation Buy Back ………………………………………………………………..9
VII. Overtime Conditions: Local Peril or Disaster........................................................9 VII. Deductions……………………………………………………………………………………………….9
IX. Paid Holidays...................................................................................................................9 X. Regular Holidays for Pay Purposes.........................................................................10

1. Sworn Police Shift Personnel……………………………………………………..10

2. Paid Days in Lieu of Holidays at Termination……………………………..10 XI. Compensation During Attendance of a Training................................................10

1. Holidays.........................................................................................................11

2. Vacations......................................................................................................11

3. Days Off or Off Duty Shifts ......................................................................11 A. Education Incentive............................................................................................11 B. Tuition Reimbursement.....................................................................................12

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3 C. Briefing Time.........................................................................................................12 D. Sick Leave Compensation .................................................................................12 E. Compensation for Fractions of Hours Worked...........................................12 F. Investigation Assignment..................................................................................13 G. Retirement Compensation ...............................................................................13 H. Bilingual Pay..........................................................................................................14 I. Uniform Allowance.............................................................................................14 J. Flexing Work Hours………………………………………………………………………….14
K. Compensation Increased During the Term of the MOU……………………15 L. Service Pay…………………………………………………………………………………….…15
M. Specialty Assignment Pay……………………………………………………………..….15 XVI. Annual Vacation Leave
A. Purpose of Annual Vacation Leave ................................................................16 B. Eligibility for Annual Vacation Leave.............................................................16 C. Accrual of Annual Vacation Leave..................................................................16 D. Accumulation of Annual Vacation Leave......................................................17 E. Scheduling of Vacation Leave..........................................................................17 F. Holidays Within Vacation Leave .....................................................................17 G. Illness Within Vacation Leave..........................................................................17 H. Payment of Annual Leave Upon Termination.............................................17 I. Vacation in Lieu of Holidays for Public Safety Employees......................17 J. Effect of Extended Military Leave ..................................................................17 K. Vacation Time Buy-Back………………………………………………………..…………17
XVII. Sick Leave
A. Statement of Policy ............................................................................................18 B. Eligibility for Sick Leave .....................................................................................18 C. Accrual of Sick Leave..........................................................................................18 D. Accumulation of Sick Leave..............................................................................18 E. Holidays Within Sick Leave...............................................................................19 F. Illness Within Sick Leave ...................................................................................19 G. Usage of Sick Leave.............................................................................................19 H. Deduction of Sick Leave ....................................................................................19 I. Verification of Sick Leave..................................................................................19 J. Workers Compensation.....................................................................................19 K. Depletion of Sick Leave, Compensation Time and Benefits...................20 L. Employee Rehabilitation...................................................................................20 M. Compensation of Sick Leave Upon Termination........................................20 N. Compensation of Sick Leave Upon Retirement..........................................21 XVIII. Other Leaves of Absence
A. Scheduling of Compensation Time Off.........................................................21 B. Leave of Absence Without Pay........................................................................21 C. Absence Without Leave.....................................................................................21 D. Leave of Absence: Death Outside The Immediate Family ......................22 E. Maternity...............................................................................................................22 F. Employee’s Time Off to Vote...........................................................................22 G. Jury Duty: Leave Of Absence ...........................................................................22

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4 H. Subpoenas: Leave Of Absence ........................................................................21 I. Leave for Attendance at Industrial Accident Commission Hearing or Related Physical Examinations..................................................21 J. Bereavement Leave............................................................................................21 K. Educational Leave ...............................................................................................23 XIX. Layoff..............................................................................................................................23 XX. Disciplinary Proceedings
A. Disciplinary Action: Definition.........................................................................24 B. Causes for Disciplinary Action .........................................................................24 C. Persons by Whom Disciplinary Action May be Taken..............................25 D. Procedure Preceding Imposition of Disciplinary Action ..........................25 E. Imposition of Disciplinary Action....................................................................26 F. Extraordinary Circumstances...........................................................................26 G. Right of Appeal.....................................................................................................26 H. Right of Appeal: Hearing ...................................................................................27 I. Right of Appeal: Representation ....................................................................29 J. Right of Appeal: Failure of Employee to Appear .......................................29 K. Right of Appeal: Decision..................................................................................29 L. Effect of Disciplinary Action.............................................................................29 M. Releasing Information Relative to Disciplinary Action.............................30 N. Informal Counseling With the City Manager ..............................................30 O. Non-Applicability................................................................................................. 30 XXI. Miscellaneous
A. Reports of Change of Status............................................................................31 B. Damage Claims.....................................................................................................31 C. Gratuities...............................................................................................................31 D. Outside Employment .........................................................................................31 E. Compensation for Use of Private Automobile............................................31 F. Conflict of Interest..............................................................................................31 G. Damaged Equipment Review Committee....................................................31 H. Personnel Rules...................................................................................................31 I. Position Reclassification....................................................................................32 J. Employee Assistance Program........................................................................32 K. Flexible Benefits Program.................................................................................32 L. Vehicle Use Policy ...............................................................................................33 M. Deferred Compensation....................................................................................33 N. Leave Bank Donations........................................................................................33 O. Election Rules.......................................................................................................33 P. Personal Days Off…………………………………………………………………………….33
Q. Notification to the City of Union Officers and Representatives………..33 XXII. Insurance
A. Insurance: Health, Dental and Vision............................................................34 B. Insurance: Life......................................................................................................34 C. Long Term Disability Plan..................................................................................34

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5 MEMORANDUM OF UNDERSTANDING
July 1, 2024 through June 30, 2027

A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF TULARE AND

THE TULARE POLICE OFFICERS UNION
I. RECOGNITION
The City acknowledges the Tulare Police Officers Union as the recognized employee organization representing the sworn non-management employees in the Tulare Police Department (Police Officer and Police Corporal Classifications.)
II. PURPOSE
It is the purpose of this Memorandum of Understanding, entered into pursuant to the Meyers-Milias-Brown Act of the California Government Code, Sections 3500 Through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum and to set forth the understandings of the parties reached as a result of good faith bargaining. The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and the Tulare Police Officers Union, upon ratification of the Tulare City Council III. NON-DISCRIMINATION
The City agrees to act pursuant to section 3502 of the Government Code relative to employee rights to representation. No employee shall be intimidated, coerced, restrained or unlawfully discriminated against because of the exercise of these rights. The provisions of the Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, national origin, religion, sex, disability, age, citizenship status, genetic information, marital status, sexual orientation and identity, medical condition, political affiliation, or, military or veteran status.

IV. MAINTENANCE OF BENEFITS
The City and the Tulare Police Officers Union agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Police Officers Union within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

V. CITY AUTHORITY
The City shall retain all legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include, among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the

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6 efficiency of governmental operations; determine the methods, means and personnel of which governmental; operations are to be concluded; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work. The Union and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VI. EMPLOYEE RIGHT TO REPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VII. AVAILABILITY OF RULES AND REGULATIONS
It shall continue to be the policy of the City to provide at least one current copy of Resolution No. 2537 (Rules and Regulations for the Administration of the City of Tulare Merit Personnel System) at each departmental or divisional office. A copy of said document shall be available and may be loaned to any employee who so requests. In addition, this document is available on the City’s Intranet and Internet. At these same locations, the City shall post information regarding job openings.

VIII. WORK ACCESS AND EMPLOYEE INFORMATION
The Union may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Human Resources Director. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Human Resources Director.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that is must act immediately, the City shall give the Union reasonable notice of any ordinance, rule, resolution or regulation affecting the Union or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Police Officers assigned traffic duties in the Traffic Division shall receive a five (5%) per cent salary differential. Said salary differential shall commence upon assignment and shall terminate when the individual is no longer assigned traffic duties in the Traffic Division.

The parties agree to use the cities of Bakersfield, Clovis, Delano, Dinuba, Fresno, Hanford, Porterville, and Visalia for total compensation comparisons.

XI. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to

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7 persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XII. RENEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to commence negotiations.

The parties agree to meet/confer to review the Memorandum of Understanding to make any State law changes, incorporate any previously made agreements into the Memorandum of Understanding, update any language needing clarification. No new benefits or increases will be discussed.

XIII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The Tulare Police Officers Union recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare Police Officers Union will be notified of these proposed accommodations prior to implementation by the City of Tulare.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

XIV. TERM
The provisions of the Memorandum of Understanding shall continue through and include June 30, 2027. The parties agree to reopen the meet and confer process for further discussion on or after March 1, 2027.

XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

PROMOTION
Any employee receiving a promotion shall start at the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted.

In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a five percent (5%) and not to be less than four percent (4%) increase in salary for sworn police officers.

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8 II. STANDARD WORK PERIODS
The standard work period for sworn police officers shall be as follows:

The standard work schedule for sworn Police Officers and Police Corporals in patrol (excluding traffic) shall be a 4/12-3/12, comprised of four (4) twelve hour shifts on consecutive days in one work week, and three (3) twelve (12) hour shifts on consecutive days in the next work week.

Police Officers and Police Corporals in five (5) day, eight (8) hour per day shift schedules shall continue to work eighty-six (86) hours within a consecutive fourteen (14) day period.

III. EXCEPTIONS TO STANDARD WORK PERIODS
The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

IV. COMPUTATION OF SALARY
Salaries for all authorized city positions are set forth in the City Compensation Plan. Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.33 for non-shift employees and 186.33 for twelve (12) hour shift employees.

V. OVERTIME POLICY: DEFINITION
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the city, and that overtime work be compensated with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head, manager or supervisor. Overtime work for all eligible employees, except where otherwise provided in Article XV. F shall be defined as any time worked beyond forty (40) hours in a standard work week. The use of vacation, compensatory time, and holidays shall be included in the definition of time worked. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees being ordered in for mandatory overtime to include having to be at or on standby for court, Swat team activities, and other events as directed by the Police Chief or his/her designee will be eligible to count sick leave towards time worked for those events.

VI. OVERTIME COMPENSATION: POLICE OFFICERS AND POLICE CORPORALS

1. General Provisions
Police Officers shall be paid overtime or receive compensatory time off for all time worked beyond eighty-six (86) hours within a fourteen (14) day duty period on a time and one-half basis.
a. There shall be granted a minimum of four (4) hours overtime for employees called back to work after having been released.

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9 b. Court "stand-by" compensation shall be compensated at the rate of time and one-half for two (2) hours in the morning and two (2) hours in the afternoon. Court call-back compensation shall be paid at time and one-half at a minimum of four (4) hours whenever called to respond.
c. An Officer shall not be compensated for court stand-by and court call-back for the same morning or afternoon block of time.
d. Off duty Police Officers required to attend monthly firearms qualifying sessions shall be granted one (1) hour overtime per month in lieu of any travel time and expenses related to these qualifying sessions as long as the firearms range is not in the Tulare area.

Overtime shall be granted for sworn Police Officers required to be instructors of in-service training courses. One (1) hour of overtime shall be granted when a work shift is affected by the time change from daylight savings time to standard time. Payment for a full work shift shall be granted when time changes from standard time to daylight savings time.

2. Compensation for Position of Acting Sergeant or Lieutenant When Police Officers/Corporals are required to serve in an acting position of Police Sergeant or Police Lieutenant for fourteen (14) consecutive days, the employee shall be compensated at an additional seven and one-half percent (7 ½%) pay or at the appropriate compensation for the position being filled, whichever is less, for the entire period worked.

3. Stand-by Compensation for Investigations
Officers assigned to the Investigations Division who are required to be on stand-by shall be compensated at the rate of three (3) hours per day in a twenty-four (24) hour day at their normal hourly rate of compensation. No more than one (1) officer can be on stand-by at any given time unless prior permission from the Police Chief or his designee.

4. Compensation Time Buy-Back
Employees may buy back up to forty (40) hours of unused accrued compensatory time per fiscal year beginning with the 2020-21 fiscal year.

VII. OVERTIME CONDITIONS: LOCAL PERIL OR DISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

VIII. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

IX. PAID HOLIDAYS

1. Regular Holidays for Pay Purposes: Holidays for all officers and employees of the public offices of the City of Tulare shall be as follows:

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10 • January 1 (New Year's Day)
• The third Monday in January (Martin Luther King, Jr. Birthday) • The third Monday in February (President's Day)
• The last Monday in May (Memorial Day)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• November 11 (Veterans Day)
• The fourth Thursday in November (Thanksgiving Day)
• The day after Thanksgiving Day
• December 25 (Christmas Day)
• The employee's date of birth
• Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
• Every day appointed by the President of the United States or the Governor of California for public fast, thanksgiving, mourning or holidays as determined by the City Manager.

2. If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee's normal day off, except Saturday or Sunday, they shall be credited to vacation.

X. REGULAR HOLIDAYS FOR PAY PURPOSES

1. Sworn Police Shift Personnel
Sworn Police shift personnel shall receive twelve (12) days, (equaling ninety-six (96) hours) of annual vacation in lieu of holidays. In lieu of taking off six (6) of the twelve (12) days granted in lieu of holidays, each sworn Police shift personnel shall be paid for the six (6) days on the first paycheck in December.

2. Paid Days in Lieu of Holidays at Termination
Regular Sworn employees of the Police Departments leaving municipal service with accrued pay days in lieu of holidays who give at least two weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination. Payment for accrued days in lieu of holidays shall be at the employee's current rate of pay.

XI. COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE DURING VACATION, HOLIDAYS,

DAY OFF
City employees should feel free to attend training courses that are available during their vacation,

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11 holidays or days off if they so desire, however, compensation for attendance at training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV J. above

2. Vacations
Employees directed to attend training course held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts
Employees directed to attend training course on their days off or off duty shifts will be compensated as provided in Article XV F. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

A. EDUCATION INCENTIVE: SWORN POLICE PERSONNEL
Upon ratification, (effective the next immediate pay period) all regular (non-probationary) employees shall be entitled to receive education and/or certificate pay in the amount set forth below. Education and certificate pay may be combined up to ten percent (10%) of base pay.

For certificate pay only, the max is five percent (5%) of base pay.

1. A payment of two and one-half percent (2.5%) of the Police Officer's monthly salary per month shall be granted with the completion of thirty (30) units of acceptable college credit (twenty (20) units in Police Science) and two (2) years of police service or an Intermediate POST Certificate.

2. A payment of five percent (5.0%) of the Police Officer's monthly salary per month shall be granted with the completion of sixty (60) units of acceptable college credit (twenty (20) units in Police Science) and three (3) years of police service or an Advance POST Certificate.

3. A payment of five percent (5.0%) of the Police Officer's monthly salary per month shall be granted for a Bachelor’s Degree in Public Administration, Criminal Justice Administration, Business Management or related field with twenty (20) units in Police Science and four (4) years of police service.

The employee must provide validated evidence of education completed to the Human Resources Director prior to the granting of respective education incentive payments.

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12 B. TUITION REIMBURSEMENT
Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Personnel Department. A maximum of two thousand five hundred dollars ($2,500) per fiscal year per employee shall be reimbursed for tuition reimbursement.

C. BRIEFING TIME

1. Police employees required to attend pre-shift briefing sessions shall be compensated for that time at the employee's current rate of pay for a maximum of fifteen (15) minutes per shift, in accordance with Article XV. E, F, G.

2. Police employees on "light duty" status resulting from an injury sustained while on duty shall be compensated for pre-shift briefing sessions and will be compensated for that time at the employee's current rate of pay for a maximum of fifteen (15) minutes per shift.

3. Employees on "light duty" status resulting from an off-duty injury shall not be compensated for pre-shift briefing, unless warranted due to operational necessity and prior approval of the employee's supervisor. Operational necessity will be determined by, and at the discretion of, the Chief of Police or his/her designee.

D. SICK LEAVE COMPENSATION

1. Upon Retirement
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average twelve (12) months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

2. Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days. Any balance not cashed out under either option shall be reported to PERS in equivalent days toward service credit.

E. COMPENSATION FOR FRACTIONS OF HOURS WORKED
Fractions of hours worked shall be compensated as follows:
• 0 - 7.5 minutes no payment
• 7.5 - 22.5 minutes .25 hour
• 22.5 - 37.5 minutes .50 hour

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13 • 37.5 - 52.5 minutes .75 hour
• 52.5 - 60.0 minutes 1.00 hour
F. INVESTIGATION ASSIGNMENT
Police Officers assigned investigative duties in the Investigations Division shall receive a five percent (5.0%) salary differential. Said salary differential shall commence upon assignment and shall terminate when the individual is no longer assigned investigative duties in the Investigations Division.

G. RETIREMENT COMPENSATION

1. All regular and regular part time employees are members of the Public Employees Retirement System. The employees and the city shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts.

2. Non-Management Sworn Police Personnel:

Classic members of the Union pay nine percent (9%) of the employee's contribution to the Public Employee’s Retirement System (CalPERS). PEPRA members of the Union shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. All employees contribute three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

3. The city of Tulare has contracted with PERS for optional benefits. The coverage key reflects the following changes:

Optional Benefit Police

8.1 1 year final comp 12-14-1991

8.3 Sick leave credit 12-14-1991

8.4 1959 Survivor 03-21-1975

8.5 Military Sr Credit 76 01-01-2002

8.21 2% @55 Ret formula 12-08-1984

8.22 Inc 59 Survivor 07-03-1980

8.40 2.5% @55 Ret formula 12-14-1991

8.48 4th lvl 1959 surv benefit 07-01-2005
3% @55 Ret formula 01-01-2002
3% @50 Ret formula 01-01-2007
3%@55 Ret formula (new employees
hired on or after effective date) 3 year
average compensation – on new hires
02-11-2012

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14 H. BILINGUAL PAY

Sworn public safety personnel, in the Police Department shall receive an incentive bonus of three percent (3.0%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Director insuring that the said employee is competent and proficient in the language certified. A re-certification shall occur every three (3) years. An employee not passing the re-certification shall not continue to receive the incentive bonus.

I. UNIFORM ALLOWANCE

1. Sworn Employees of the Police Department
Sworn Police personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of one thousand three hundred dollars ($1,300). New employees of the Police Department shall receive, upon initial employment, two (2) full sets of uniforms and two summer shirts and foul weather gear. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

2. Additional Uniforms and Uniform Allowance Procedures Any additional uniforms needed shall be supplied at the employee's expense. The Human Resources Department shall establish such regulations and procedures needed for the administration of the uniform allowance procedure.

J. FLEXING WORK HOURS
Non-Minimum Staffing - Flexing of Hours: To accommodate the personal needs of members and to create the best working environment, given the context of a police department whose primary goal is service to the community, members assigned to non-minimum staffing units may request and be assigned flexible hours of work. Any overtime worked by members may be taken as flex time by the member subject to the following conditions:

1. The operational needs of non-minimum staff unit shall be the primary concern for a Supervisor when determining a request for flexing of hours.

2. A Supervisor may grant a member's request to flex hours up to one (1) hour before or after the standard shift hours.

3. All flex time shall be used by members during the same pay period in which it is accrued.

4. All accrued flex time that is not used by members during the pay period in which it is accrued shall be converted to Compensatory time off or received as overtime compensation, at the members' discretion.

5. In order to meet departmental operational and service needs, a Supervisor may terminate, at any time, a member's flexed schedule upon thirty (30) days written notice to the affected member. The decision to discontinue a flex hour schedule is not appealable or grievable.

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15 6. Overtime worked past the scheduled end of a shift shall not be considered as a shift adjustment. An adjustment of hours prior to the shift shall be considered as an adjustment.

K. COMPENSATION INCREASES DURING THE TERM OF MOU
Increases to members of the bargaining unit shall be as follows (with full retroactivity for base pay and overtime accruals):
• Four percent (4.0%) increase retroactive to the pay period beginning on July 13, 2024. • Four percent (4.0%) increase effective with the first full pay period in July 2025. • Four percent (4.0%) increase effective with the first full pay period in July 2026.

L. SERVICE PAY
In an effort to retain and recognize sworn personnel, service pay is established as of July 2, 2022 as follows:
• Tier 1: Five (5) years of service - two and one-half percent (2.5%) of base salary. • Tier 2: Ten (10) years of service - three percent (3%) of base salary. • Tier 3: Fifteen (15) years of service - three and a half percent (3.5%) of base salary. • Tier 4: Twenty (20) years of service – four percent (4%) of base salary.

The tiers of service pay are cumulative to the maximum of thirteen percent (13.00%). Tiers are calculated on completed years of service based on years of active service for the City of Tulare Police Department. Current and new sworn employees will be recognized for active service as a peace officer in California in good standing on continuous (not a single day’s break in working for a public agency) basis until hired by Tulare Police Department, regardless of agency worked, as long as the officer had no break working for a public agency. “Active service as a peace officer in California” means, “A peace officer working for a public agency in good standing on a continuous basis until hired by Tulare Police Department.” “Continuous” means not a single day’s break in working for a public agency unless that break in service is due to the transfer from one agency to another in which case an officer must 1) have had a written offer(s) in hand before the break in service began and 2) the total transfer time for each transfer did not exceed thirty (30) days. If there was a break in service as a peace officer, the officer will receive credit for the most recent continuous period of active service. In no case will previous employment that was terminated due to discipline or release from probation result in service time credit, and such cases will be deemed a break in service. It is incumbent on the employee, not the City, to establish the continuous service requirement, but the City will make reasonable inquiries on the employee’s behalf if needed.

M. SPECIALTY ASSIGNMENT PAY
Specialty Unit pay will be provided in addition to a member’s base salary. Assignment to specialty units is at the sole discretion of the Chief of Police.

Motorcycle Patrol Premium: Employees in this unit who are routinely and consistently assigned

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16 to operate/or patrol on a motorcycle shall receive special assignment pay of five (5%) of base pay.

SWAT: Employees of this unit, including Entry Team and Sniper Team personnel, shall receive special assignment pay of two and a half (2.5%) of base pay in recognition of the heightened physical demands, rigorous training schedules, and inherent dangers of their role. This is in addition to the SWAT Team current annual incentive of one thousand two hundred ($1,200) for maintaining cell phone availability.

Field Training Officer (FTO’s): Employees of this unit shall receive special assignment pay of two and a half (2.5%) of base pay upon being classified as an FTO and specifically assigned by the Chief regardless of whether they are actively assigned a trainee.

K9: The parties acknowledge that they have conducted a reasonable inquiry into the time required to care for a K9 outside of work hours. Based on this inquiry, both parties agree that such time is 4.0 hours per week. As part of the handler’s job duties 4.0 hours will be reflected on the employee’s timecard, and which may be subject to overtime.

Police Officers assigned investigative duties in the Investigations Division shall receive five percent (5.0%) of base pay. The additional pay shall commence upon assignment and shall terminate when the individual is no longer assigned investigative duties in the Investigations Division.

XVI. ANNUAL VACATION LEAVE
A. PURPOSE OF ANNUAL VACATION LEAVE
The purpose of an annual vacation is to allow an employee time to both mentally and physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATION LEAVE
All regular and probationary (upon the completion of six (6) months of continuous service), shall be eligible for vacation leave. The amount of time available for an employee's vacation shall be accumulated through the month immediately preceding the month in which the employee's vacation falls.

C. ACCRUAL OF ANNUAL VACATION LEAVE
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for fifty percent (50%) or more of that month. Those employees eligible for vacation as defined in Section XVI (B) shall accrue vacation at the following rates:
• All employees with less than five (5) complete years of continuous service shall earn vacation leave at the rate of 6.67 hours per month or ten (10) working days per year. Upon the completion of six (6) continuous years of service, the employee shall earn one (1) additional

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17 working day of vacation; in the same manner, two (2) additional working days vacation shall be earned for the seventh year; three (3) for the eighth year; four for the ninth year; five (5) for the tenth year; for a maximum of fifteen (15) working days per year or ten (10) hours per month thereafter.

D. ACCUMULATION OF ANNUAL VACATION LEAVE
Employees may carry over a maximum accumulation of one year's annual vacation leave, for a maximum credit of two (2) years annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.

E. SCHEDULING OF VACATION LEAVE

An employee's vacation shall be, as much as possible, scheduled for the employee's convenience, however, vacation shall be scheduled by department heads so as not to interfere seriously with or impair departmental efficiency.

F. HOLIDAYS WITHIN VACATION LEAVE
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

G. ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

H. PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee's current hourly rate of pay.

I. VACATION IN LIEU OF HOLIDAYS FOR PUBLIC SAFETY EMPLOYEES All sworn Police shift personnel shall be granted an additional twelve (12) days of annual vacation leave, to be added to their annual vacation, in lieu of holidays. In lieu of taking off six (6) days of the twelve (12) days granted in lieu of holidays, each sworn Police shift personnel shall be paid for the six (6) days on the first paycheck in December.

J. EFFECT OF EXTENDED MILITARY LEAVE
An employee who interrupts his/her service to the city because of an extended military commitment, shall be compensated for accrued vacation leave upon separation from service to the city.

K. VACATION TIME BUY-BACK
Employees may buy back up to forty (40) hours of unused accrued vacation time per fiscal year

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18 beginning with the 2024-2025 fiscal year. The standards and requirements for the buy-back shall be administered by the Finance Director.

XVII. SICK LEAVE
A. STATEMENT OF POLICY
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion butshall be granted only upon the recommendation of the department head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment.

Sick leave shall be allowed to a maximum of six (6) days (forty-eight (48) hours) per year due to family illness in the immediate f (Family Sick Leave). Family Sick Leave may be used to actually care for or arrange for the care of family members who are ill and cannot care for themselves, or to take family members to routine medical or dental appointments. The City’s definition of immediate family members (as outlined in California Labor Code, Chapter 245.5) is:

1. A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

2. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

3. A spouse.

4. A registered domestic partner.

5. A grandparent.

6. A grandchild.

7. A sibling.

B. ELIGIBILITY FOR SICK LEAVE
Regular, Regular Part Time and Probationary (upon completion of six (6) months of continuous service) shall be eligible for sick leave with pay.

C. ACCRUAL OF SICK LEAVE
Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for fifty percent (50%) or more of that month. Those employees eligible for sick leave, as defined in Section XVII (B), shall accrue sick leave at the rate of eight (8) hours per month.

D. ACCUMULATION OF SICK LEAVE
There shall be no maximum on the amount of sick leave an employee may accumulate.

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19 E. HOLIDAYS WITHIN SICK LEAVE
When a recognized city holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as a day of sick leave.

G. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

H. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one (1) hour sick leave for each hour absent.

I. VERIFICATION OF SICK LEAVE USAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

2. The city may formally place an employee on "sick leave restriction" whereupon, for a period of time, the employee may subsequently be required to provide the city a physician's certification of illness for each incidence of sick leave usage, regardless of the amount of time off work. In determining whether or not to place an employee on "sick leave restriction", the city agrees to consider not only gross usage and so-called "patterns of usage", but also extended illness, major medical problems and incidents of family sick leave.

J. WORKERS COMPENSATION
A. A Sworn employee of the Police Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one year's leave of absence, as required by said section.

The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee.

2. An employee of the Police Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence.

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20 3. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.

4. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay.

5. No employee of the Police Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.

6. No employee of the Police Department shall receive wage or salary payments from the city after a period of five (5) years from the date of injury for any one injury.

7. A member of this Unit who suffers an injury of illness in the course and scope of City employment shall be provided an opportunity to work in a "light duty: assignment provided that the employee's work restrictions, if any, can be reasonably accommodated, and that there is a light duty assignment available in the Tulare Police Department or elsewhere in the City of Tulare. Employees working in a light duty assignment shall receive their regular salary during the period of light duty.

K. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS

Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the city shall be considered terminated.

L. EMPLOYEE REHABILITATION
The city shall provide a rehabilitation program for industrially injured employees, pursuant to Section 139.5 of the California Labor Code. Employees unable to return to their previous position shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedures applies for eighteen (18) months. The employee's name shall be placed on a mailing list for the period designated above.

M. COMPENSATION FOR SICK LEAVE UPON TERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

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21 N. COMPENSATION FOR SICK LEAVE UPON RETIREMENT
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average twelve (12) months (July through June) with the Local Agency Investment Fund (LAIF).

Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days.

Any balance not cashed out under either option shall be reported to PERS in equivalent days toward service credit.

XVIII.OTHER LEAVES OF ABSENCE
A. SCHEDULING OF COMPENSATION TIMEOFF
Compensatory time off shall be approved if requested a minimum of five (5) days prior to the requested date. Any compensatory time-off requests received later than five (5) days prior to the requested date will be considered but can be denied based on shift strength or other conflicts.

B. LEAVE OF ABSENCE WITHOUT PAY
Leave of absence without pay may be granted in cases of emergency of where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege.

Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the City Manager. No vacation or sick leave benefits shall be used for illness occurring during such leave.

1. Approval of Department Head: Leave of absence without pay for one (1) week or less may be granted by the department head, depending on the merits of the individual case. Such leaves shall be reported to the Human Resources Director.

2. Approval of City Manager: Leave of absence without pay in excess of one (1) week's duration may be granted by the City Manager on the merits of the case, but such leave shall not exceed twelve (12) months' duration.

C. ABSENCE WITHOUT LEAVE
Absence without leave shall be considered to be without pay and reduction in the employee's pay shall be made accordingly. Absence without leave for more than three (3) consecutive days may result in termination of employment.

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22 D. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATE FAMILY Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section XVIII (B).

E. MATERNITY
Leave of absence for maternity will be covered under the provisions authorized in Section XVII (A) and (G). An employee may work until she has been advised by her doctor to cease working. The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted.

F. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

G. JURY DUTY: LEAVE OF ABSENCE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the city all fees received for such duties, other than mileage or subsistence allowance, within thirty (30) days from the termination of his/her jury service.

H. SUBPOENAS: LEAVE OF ABSENCE
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

I. LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT COMMISSION HEARING OR RELATED

PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head.

J. BEREAVEMENT LEAVE
The city shall allow an employee to be absent from work with pay for a maximum of three (3) days for a death which occurs within the State of California. If the death occurs outside the State of California and an employee must travel outside the state, a maximum of five (5) days with pay shall be allowed. Bereavement leave is allowable in the case of a death of an immediate family

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23 member which for bereavement only shall be defined as a father, mother, step mother, step father, sister, brother, husband, wife, son, daughter, step child, father-in-law, mother-in-law, or any in-law or relative with whom you reside.

Employees shall be granted one (1) day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law. If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with Section XVII (B) and (I). All other uses of bereavement leave i.e., aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

K. EDUCATIONAL LEAVE
Employees may receive paid leave to attend courses, seminars and/or workshops for conventions, which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head.

XIX. LAYOFF
A. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least fourteen (14) days prior to the effective date of termination. Such termination shall not be subject to appeal.

B. In any such reduction in personnel caused by lack of work or funds, seniority shall be observed, except, negative performance during the past twelve (12) months will be considered to determine the order of layoff. Negative performance and disciplinary actions will be defined as the following:

1. Denial of merit increases due to misconduct or poor performance.

2. Suspension without pay.

3. Extensions of probationary periods for poor performance.

4. Disciplinary demotions to lower level positions.

5. Performance reviews within the twelve (12) months prior to layoff containing significant, negative, written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur.

C. The order of layoff shall be established by the Human Resources Director, including seniority and results of review of performance evaluations and prior disciplinary actions. The order of layoff will be the least senior employee as determined by the procedure above. Prior to the establishment of the final order of layoff, the Human Resources Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees whenever possible.

If personal delivery is not possible, the notice will be sent by certified mail to the last known address.

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24 D. If the employee wishes to contest the application of the criteria set forth to his/her position on the list, he/she may appeal with any supporting materials to the Human Resources Director. This request should be directed to the Human Resources Director within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff" list. The employee will be allowed representation during the appeal process. After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Human Resources Director or his designee shall establish the "Final Order of Layoff" list. The decision of the Human Resources Director or his designee shall be final and not subject to the grievance process or further appeal.

E. Regular employees in good standing, who are designated to be laid off and have held regular status in a lower classification, may displace employees in the lower classification provided that the employee exercising the displacement privilege has greater classification length of service than the incumbent in the class to which the employee is bumping, and had an equal or better overall rating on his/her last written evaluation. If the employee in the higher classification has not held status in a lower classification, then no displacement rights accrue to that individual.

Conditions which affect displacement rights are as follows:

1. The employee exercising the displacement privilege will displace employees in lower classification in the same order as specified above.

2. All employees must exercise displacement privileges within seven (7) calendar days after receipt of the Notice of Layoff, by written notice to the Human Resources Director. If these privileges are not exercised within the specified time period, they are automatically forfeited.

3. Layoffs which result from a reduction in force shall be made without regard to an employee's race, color religion, national origin, sex, age, marital status, or functional limitations as defined in the ADA and other applicable state law.

This procedure encompasses all aspects of the negotiated layoff procedure, and the City shall not be required to further meet and confer on this subject during the term of the MOU.

XX. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION: DEFINITION
As used in this chapter, "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation, or suspension, and as defined in Government Code Sections 3303 et seq.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a supervisor, manager, or other proper authority.

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25 4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's timecard to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records, or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department, or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations.

C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN
The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee,

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26 personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action. The written notice shall include:

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

E. IMPOSITION OF DISCIPLINARY ACTION
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

F. EXTRAORDINARY CIRCUMSTANCES
In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the employee's act or the charges against him/her are such as to require the employee's immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date of the disciplinary action.

If, in the opinion of the City Manager or the department head, the employee's behavior is such that he/she is temporarily unable to perform his/her job and the intent is to remove him/her from the job site until he/she is able to return and function adequately, said employee may be placed on sick leave and sent home until determined by the City Manager or department head that he/she is able to function adequately.

G. RIGHT OF APPEAL
A regular employee shall have the right of appeal to the Human Resources Director from any disciplinary action taken by his/her department head under this chapter. Such appeal must be filed with the Human Resources Director within ten (10) working days after receipt of the written notice of such disciplinary action. The appeal must be in writing and must state specifically the reasons upon which it is based.

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27 H. RIGHT OF APPEAL: HEARING

1. Upon receipt of a written appeal from an affected employee, the Human Resources Director shall arrange for a hearing as provided in this chapter. Said hearing shall be conducted as soon as possible after receipt of the written appeal.

2. Within five (5) calendar days from the receipt of the request for hearing, either party may request the State Mediation and Conciliation Service to submit a list of five (5) neutrals. These neutrals will be statewide experts in the field of labor relations. Within five (5) calendar days upon receiving the request, the Human Resources Director and the Union shall alternatively strike a name from the list, and the last name remaining shall be designated as the neutral arbitrator. The arbitrator selected shall submit the earliest date(s) in which the arbitrator can hold the hearing, of which the Union and the Human Resources Director can mutually select a date. The arbitrator shall hold a hearing on the issue or issues submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written decision and reasons for the opinion within thirty (30) calendar days following the closing of the hearing, unless the period has been mutually extended in writing by all parties.

The decision shall be sent to the Human Resources Director and to the Union. The arbitrator's decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, C.C.P. Sections 1280, et seq.

3. Either party (City or the Union) may waive the grievance procedure time limits specified in this subsection and proceed to immediate arbitration in any case where the party alleges that the other is threatening to take an action in violation of the MOU in so short a period of time as to disallow the party from proceeding within the time limits of this subsection. To put it another way, immediate arbitration may be sought by either party where there is "no adequate remedy at law," or where normally a party would be entitled to seek injunctive relief. However, the method of proceeding to immediate arbitration must be done consistent withthefollowingprovisions.
a. Thearbitration shalltake placenoearlierthanthefifteenth(15th)day followingtherequest bythegrievingparty forsuch"immediate arbitration," unless otherwise mutually agreed.

During the two (2) week period (fourteen (14) calendar days) immediately following the request for immediate arbitration, the responding party shall have the opportunity to attempt to resolve the dispute.
b. If the City is the responding party, the Chief of Police and Human Resources Director, or their designated representatives, jointly, shall have the opportunity to meet with or otherwise communicate with appropriate Union representatives, in an attempt to resolve the dispute.
c. Once the request for immediate arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) week period) attempt to agree

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28 upon a neutral arbitrator and to obtain a date for arbitration hearing assoon as possible immediately following the two (2) week period.
d. The parties will attempt to have a standing list of available "immediate arbitrators," but if no agreement on same is reached, the parties will obtain five arbitrators, by telephone, if possible, from · the State Mediation and Conciliation Service. The first arbitrator available to hear the matter following the two-week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed to otherwise. The parties are free to mutually agree upon an immediate arbitrator through any other process or agreement. e. In any case, the arbitrator selected to decide the grievance shall have the full and equitable power to frame a decision, including an order lo the party initiating the grievance to abide by the time limits provided in the grievance procedure, or a restraining order against the party threatening the action, or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may .not add to, subtract from, change or modify any provision of this MOU and shall be authorized only to apply existing provisions of this MOU to the specific facts involved and to interpret only applicable provisions of this MOU.
f. Unless the parties agree otherwise, closing argument shall be presented orally and there shall be a "bench" decision.
g. The parties shall attempt to have the arbitration proceedings completed as quickly as possible, including by meeting nights and weekends, if at all feasible.

4. An arbitrator shall have, in the arbitrator's discretion, the ability to hear evidence on both arbitrability and on the merits at the same hearing, holding for a later ruling on the issue of arbitrability.

5. Time limits set forth in the formal process may be modified by mutualagreement of the grievant or representative and the department or City. Failure of the grievant to file an appeal within the specified time limit for any but the first step of the procedure shall constitute an abandonment of the grievance.

6. The cost of making a stenographic record of the arbitration hearing shall be borne by the party requesting such records. There shall be no post-hearing briefs, except by mutual agreement.

7. The fees and expenses of the arbitrator shall be paid half by the City and half by the grievant; however, the arbitrator may order that the City or the grievant pay the total of such fees and expenses should the arbitrator find that, but for the unreasonableness of a party's posture, the convening for arbitration would not have been necessary.

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29 8. Witnesses who are employees and on duty at the time of the scheduled appearance shall be released from duty without loss of compensation for the time required to testify. No overtime payments shall be made because of scheduledappearances.

9. An individual grievant shall be released from duty without loss ofpay for the time of the arbitration hearing. A representative shall be permitted to be present without loss of compensation on behalf of thegrievant.

10. Arrangements for release time for a grievant’ s witnesses shall be made with the Human Resources Director, who shall issue all appearance notices no later than twenty-four (24) hours in advance of the scheduled hearing.

11. No employee shall be discriminated against, harassed, coerced, orsuffer any reprisal because of filing or processing of a grievance or participating in a grievance procedure.

I. RIGHT OF APPEAL: REPRESENTATION

The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or department head shall be final.

K. RIGHT OF APPEAL: DECISION
The Hearing Officer shall render a decision within thirty (30) days after the conclusion of the hearing or after receipt of the official hearing transcript. The Hearing Officer’s decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the Hearing Officer, the employee shall be compensated in all or in part for the time lost as determined by the Hearing Officer. Any appeal of the Hearing Officers decision through judicial review must be filed within ninety (90) days of said decision pursuant to the Code of Civil Procedures Section 1094.6.

L. EFFECT OF DISCIPLINARY ACTIONS

1. Oral Reprimand
Employees may receive an oral reprimand.

2. Written Reprimand
Employees receiving a written reprimand shall have a copy filed in his/her personnel jacket kept in the Human Resources Department. The employee shall initial a copy of the reprimand prior to its filing, indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response to the reprimand in his/her personnel file.

13.13 Consent Page 31
30 3. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

4. Salary Reduction

Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

5. Discharge
Employees terminated pursuant to SEC. 904 of these rules and regulations shall be paid salary for vacation and worked holidays accumulated to the effective date of termination, subjection to SEC. 713, if applicable.

M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARY ACTION AGAINST MUNICIPAL

EMPLOYEES
In the interest of preventing undue embarrassment and subsequent loss of ability to perform city work effectively, the following policy will prevail regarding release of information to the news media on personnel actions:

1. No information shall be released without prior approval of the City Manager, and prior notification to the President of the Tulare Police Officers Union and the effected employee.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws.

The Attorney General's opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees."
N. INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

O. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

13.13 Consent Page 32
31 XXI.MISCELLANEOUS
A. REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the department head to the Human Resources Director on City of Tulare Personnel Action Forms.

Copies of such reports shall be furnished to the employee involved.

B. DAMAGE CLAIMS
Any employee of the City of Tulare filing suit for damages arising from occupational injury shall notify the Finance Director of the amount of damages collected from such suits in order that all expenses paid by the city may be recovered.

C. GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

D. OUTSIDE EMPLOYMENT
Any regular employee desiring to engage in regular outside employment shall first obtain non-City conflict job approval for his/her department head. The employee shall submit a statement to his/her department head on a standard city form, naming the prospective employer, his/her address and telephone number and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Human Resources Director and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY BUSINESS Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head.

F. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

G. DAMAGED EQUIPMENT REVIEW COMMITTEE
A Police Department Damaged Equipment Review Committee shall be established for the purpose of reviewing and determining the rate of payment for all claims for clothing or equipment damaged in the line of duty. The committee shall be composed of a representative from the Human Resources, Police Department administrative staff and the officers in general.

H. PERSONNEL FILES
An employee or his/her recognized employee representative, with the written consent of the

13.13 Consent Page 33
32 employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to all statements written by the employee's supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents.

I. POSITION RECLASSIFICATION

1. Position Reclassification
An employee who believes his/her position is wrongly classified may submit a written request to his/her supervisor for reclassification. Requests shall state the reason the employee believes the present class is not appropriate and which class the employee believes is appropriate, based on the employee's present duties. Requests must be made to the Human Resources Department in January or February so that changes may be presented to the City Council in July.

2. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Human Resources Department conduct a classification analysis. When the classification analysis is completed, a written response will be sent to the employee and the department head. The city shall endeavor to complete the analysis as soon as practicable.

3. Appeals
If the employee disagrees with the response of the Human Resources Director, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Human Resources Director's findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final.

J. EMPLOYEE ASSISTANCE PROGRAM POLICY
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee. Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program.

K. FLEXIBLE BENEFITS PROGRAM
The city shall maintain a flexible benefits program (which became effective October 1, 1987) in accordance with Section 125 of the Internal Revenue Code. At time of implementation, the city

13.13 Consent Page 34
33 contributed the entire cost of implementation. The employees shall be responsible for the monthly cost.

L. VEHICLE USE POLICY
The City Manager shall determine the allocation of usage of city-owned vehicles in accordance with the business needs of the city. All city-owned vehicles shall be operated in conformance with administrative policy, unless the use of a vehicle is otherwise controlled by contractual agreement or other policy adopted by the City Council. The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies.

In addition to all other changes the Tulare Police Officers Union Agrees to meet and consult on a computer policy.

M. DEFERRED COMPENSATION
All regular employees may, at the employee's request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

N. LEAVE BANK DONATIONS
The City agrees that it will create an Administrative Leave Bank Donations Policy dedicated specifically to the ranks of Police Officer and Police Corporal.

O. ELECTION RULES
An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall be subject to the City Rules and Regulations for Election Procedures.

P. PERSONAL DAYS OFF
Employees in this Union will be afforded two (2) personal day (each day equaling eight (8) hours or twelve (12) hours depending on the employee’s shift assignment at time granted). These two (2) personal leave days will be granted beginning with the first full pay period of each fiscal year, beginning with fiscal year 2020-21. These personal leave days will be placed in a separate leave bank and must be used in its entirely prior to the last full pay period of each fiscal year. If the leave hours earned remain in this bank at that time, additional hours granted in the first full pay period of the new fiscal year will only accumulate to a maximum equivalent of two (2) days.

This personal leave bank has no cash value.

Q. NOTIFICATION TO THE CITY OF UNION OFFICERS AND REPRESENTATIVES The Union shall provide the City with a list identifying the Union officers and representatives each year on or before January 31, and within fifteen (15) calendar days of any changes to the list.

13.13 Consent Page 35
34 XXII.INSURANCE
A. INSURANCE - HEALTH, DENTAL AND VISION

1. Public safety employees with employee only coverage shall contribute twenty-five ($25) per month towards health care, for those employees enrolled in dependent insurance coverage, the city shall contribute sixty-five percent (65%) of the premium per month toward the employee health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute thirty-five percent (35%) per month toward the cost of dependent insurance coverage.

2. Employees hired after June 23, 1984, upon retirement, shall pay one hundred percent (100%) of the total costs of the health insurance premium (with or without dependent coverage).

Any increases in future premiums after retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least fifty-five (55) years of age and have provided twenty (20) years of service to the City of Tulare.

If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation. The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any increased costs in the same proportion as the current contribution.

B. INSURANCE - LIFE
Life insurance for non-management employees shall be provided as specified in the employee health insurance policy.

C. LONG TERM DISABILITY PLAN
For non-management sworn Police personnel, the city shall contribute 100% of the cost of the long term disability plan, starting on February 1, 2025 with payroll change reflected on the February 21, 2025 pay date.

13.13 Consent Page 36
35 Signature Page
Memorandum of Understanding
Between
The City of Tulare
And the
Tulare Police Officer Union
July 1, 2024 through June 30, 2027
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date stated below.

FOR THE CITY OF TULARE FOR THE TULARE POLICE OFFICER’S UNION By: _________________________________ By: ______________________________ Mario Zamora, City Attorney Roger Wilson, RAINS LUCIA STERN ST. PHALLE SILVER, PC
Dated: ______________________________ Dated: ___________________________

By: _________________________________ By: ______________________________ Marc Mondell, City Manager Vince Medina, Police Officer Dated: ______________________________ Dated: ___________________________

13.13 Consent Page 37
Staff Report
Meeting: City Council
Date: January 21, 2025
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Mario Zamora, City Attorney
Agenda Title: Salary Schedule Amendment

RECOMMENDED ACTION
Adopt a resolution amending the City’s 2024/25 salary schedule.

SUMMARY
This fiscal year, the City has been conducting negotiations with various bargaining units. The City and Tulare Police Officers Union (TPOU) have reached an agreement that includes a salary increase of four percent (4.0%) effective July 13, 2024. The City has also reached an agreement with the City Manager position that includes a salary increase of four percent (4.0%) effective October 5, 2024.

This proposed salary schedule reflects the updated salaries for these positions.

FISCAL IMPACT & FUNDING SOURCES
The fiscal impact and funding sources for the salary increases were included in the contract approval items.

LEGAL REVIEW
This item was reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. Salary Schedule
Reviewed/Approved:

Item #: 13.14
Consent

13.14 Consent Page 1
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE CITY’S 2024/25 SALARY SCHEDULE
WHEREAS, the City Council adopted Resolution 2024-36 adopting the City’s 2024-25 salary schedule; and
WHEREAS, the City entered labor negotiations and has reached an agreement with Tulare Police Union Officer’s (TPOU), which included a four percent (4.0%) base salary increase effective July 13, 2024; and
WHEREAS, the City approved a contract amendment to the City Manager’s contract, which included a four percent (4.0%) base salary increase effective October 5, 2024; and WHEREAS, the amendment to the salary schedule will reflect the updated salary increases for the classifications of Police Officer and City Manager.

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

Section 1. The City’s 2024/25 Salary Schedule attached hereto is updated to reflect a four percent (4.0%) salary increase for the classifications of Police Officer, Police Corporal, and City Manager.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 21st day of January 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

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

13.14 Consent Page 2
CLASSIFICATION Code Step Monthly Hourly Group
Accountant 3000 A 5605.31 32.3383 cler/prof
B 5885.57 33.9552
C 6179.84 35.6529
D 6488.85 37.4357
E 6813.28 39.3074
Accounting Technician I 3010 A 4230.28 24.4055 cler/prof B 4441.79 25.6257
C 4663.86 26.9069
D 4897.07 28.2523
E 5141.94 29.6650
Accounting Technician II 3012 A 4674.00 26.9654 cler/prof B 4907.71 28.3137
C 5153.08 29.7293
D 5410.75 31.2159
E 5681.27 32.7766
Administration Analyst 2003 A 5450.31 31.4441 mmgmt
B 5722.85 33.0164
C 6008.96 34.6671
D 6309.45 36.4007
E 6624.87 38.2204
Administrative Assistant 3020 A 4240.55 24.4647 cler/prof B 4452.57 25.6879
C 4675.18 26.9722
D 4908.96 28.3209
E 5154.42 29.7370
Animal Services Manager 2005 A 7072.85 40.8049 mmgmt
B 7426.50 42.8452
C 7797.82 44.9874
D 8187.83 47.2375
E 8597.09 49.5986
Animal Services Officer 3030 A 4156.78 23.9814 nonmgmt
B 4364.59 25.1804
C 4582.86 26.4396
D 4811.98 27.7614
E 5052.56 29.1494
Animal Services Technician 3040 A 3957.20 22.8300 cler/prof B 4155.10 23.9717
C 4362.84 25.1702
D 4580.96 26.4286
E 4810.02 27.7501

CITY OF TULARE
Salary Schedule - January 21, 2025

Page 1 ends

Tulare City CouncilJanuary 21, 2025

Tulare City Council
January 21, 2025