City of Tulare Page 1 of 4
Tulare Public Library & Council Chamber Tuesday, November 4, 2025 491 North M Street, Tulare CA 93274 5:00 p.m. Special Meeting www.tulare.ca.gov 5:30 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 each month at the Council Chamber, located inside the Tulare Public Library, 491 North M Street, Tulare. Meetings are subject to cancellation. Additional meetings may be scheduled as needed.
Public Access and Participation
Meetings are open to the public and may be attended in person or viewed live online via the City of Tulare’s YouTube Channel. To provide public comment remotely, please call (559) 366-1849 during the designated Public Comment period. Note: There is a 20-second broadcast delay. If calling in, mute your viewing device to avoid feedback.
Public Comment Guidelines
Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
Those wishing to speak are encouraged to complete a Public Comment Card and submit it to the City Clerk prior to the start of the meeting.
• Comments are limited to three minutes per speaker, unless otherwise extended by the Council. • At the start of any agenda item, the mayor may limit the number of speakers or the time allotted per comment, depending on the number of participants and length of the agenda. • When called upon by the mayor, please approach the lectern, state your name and city of residence, and begin your comments.
Rules of Conduct
To maintain order and decorum, the following rules apply:
• All remarks must be directed to the City Council as a whole, not to individual members. • Only the Council and the person recognized to speak may engage in discussion unless authorized by the mayor.
• Questions to Councilmembers or City staff must be directed through the mayor. • Comments must remain on topic, except during the general Public Comment period. • Disruptive behavior (e.g., shouting, interrupting, or creating a disturbance) may result in removal from the meeting under Government Code Sections 54954.3 and 54957.95.
Accessibility
In compliance with the Americans with Disabilities Act (ADA), individuals who require modifications, accommodations, or auxiliary aids to participate in this meeting should contact the City Clerk’s Office at (559) 684-4200. Requests made at least 48 hours in advance will help ensure availability.
Additional Information
• Meeting agendas and related documents are available at www.tulare.ca.gov. • Copies are also available for public inspection at the City Clerk’s Office, City Hall, 411 E. Kern Avenue, Second Floor, during regular business hours.
City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, November 4, 2025
City of Tulare Page 2 of 4
5:00 P.M. SPECIAL MEETING
1. CALL TO ORDER
2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.
2.1 Women’s Clubhouse, Senior Housing, and Downtown Redevelopment Project.
3. ADJOURNMENT
5:30 P.M. REGULAR MEETING
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE AND INVOCATION - Brian Bell, Bishop for The Church of Jesus Christ of Latter-day Saints, to provide the invocation.
6. 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.
7. PRESENTATIONS
7.1 Adventist Health Annual Update.
8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.
9. COUNCIL REPORTS AND ITEMS OF INTEREST
10. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.
10.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.
10.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meetings of October 21, 2025. [M. Wilcox]
City Council Meeting Agenda Tuesday, November 4, 2025
City of Tulare Page 3 of 4
10.3 Emergency Roof Repair at TBIZ.
Recommended Action: Approve the emergency roof repair work completed by A+ Roofing, for $70,500, at the City-owned building where TBIZ is located (425 E. Kern Avenue) due to active roof leaks compromising recently completed interior renovations; and authorize the City Manager to execute any documents necessary associated with said work. [P. Aranzazu]
10.4 Caltrans Matching Funds Application for FAA Pavement Management Project.
Recommended Action: Adopt a resolution authorizing the city manager, or designee, to submit an application, accept an allocation of funds, and execute a grant agreement with the California Department of Transportation (Caltrans) for an Airport Improvement Program (AIP) Matching Grant for the recently awarded FAA grant in the amount of $130,035 for the Pavement Management Project. [P. Aranzazu]
10.5 Notice of Completion – PK0033 Zumwalt Park Renovation Project.
Recommended Action: Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0033 – Zumwalt Park Renovation, a park improvement project at Zumwalt Park; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]
10.6 Citizens Option of Public Safety 2025/2026 Program Funds.
Recommended Action: Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2024/2025 Program funds from the State of California in the amount of $109,333 to be used to fund one police officer position. [F. Ynclan]
10.7 Fiscal Year 2026 PC Replacement.
Recommended Action: Award the purchase of 66 desktops and 10 laptops for use across all departments to Dell Inc. using the State of California NASPO contract for a total of $98,466.01; and authorize a 5% contingency for maximum purchase price of $103,389.32. [J. Bowling]
10.8 CIP Project ST0007 – Annual Transportation Maintenance.
Recommended Action: Approve the revised project sheet and budget for CIP Project ST0007 – Annual Transportation Maintenance; and approve the appropriation of additional Gas Tax funding in the amounts of $253,000.47 for fiscal years 2026 thru 2028, and $220,904.07 for fiscal years 2029 and 2030. [M. Miller]
10.9 Right-of-Way Services for EN0105 Hwy 99 Widening Utility Relocations.
Recommended Action: Award and Authorize the City Manager to sign a contract related to City Project EN0105 – Hwy 99 Widening Utility Relocations with Paragon of Cypress, CA for right-of-way services in the amount of $15,550; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($1,555) of the contract award amount; and approve the revised project sheet. [M. Miller]
10.10 Contract for 2025 Citywide Speed Zone Study.
Recommended Action: Award and authorize the City Manager to sign a contract with Willdan Engineering of Fresno, CA for preparation of the 2025 Citywide Speed Zone Study in the amount of $89,080; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($8,908) of the contract award amount. [M. Miller]
10.11 Online Crime Reporting System (Versaterm).
Recommended Action: Award and authorize the City Manager, or designee, to enter into a three-year, sole source agreement with Versaterm Public Safety US, Inc. in the amount of $97,714.84 for an online crime reporting system; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($9,771) of the total contract City Council Meeting Agenda Tuesday, November 4, 2025
City of Tulare Page 4 of 4
amount; and approve a resolution to appropriate $50,000 from the Technology Reserve from General CIP Fund (Formally Fund 603 Technology CIP) to the Police Department operating account. [G. Merrill]
10.12 TPFA Management & Non-Management Side Letters.
Recommended Action: Approve a Side Letter of Agreement with the Tulare City Professional Fire Fighters Association Management and Non‐Management Bargaining Groups to modify the “Minimum Staffing” sections of their respective Memoranda of Understanding (“MOU”) and authorize the City Manager to execute said side letter. [T. Gaffery]
10.13 Illegal Disposal Sites Abatement Grant.
Recommended Action: Adopt a resolution authorizing staff to submit an application for the Illegal Disposal Sites Abatement Grant Program FY 2025-26 Cycle 104. [M. Correa]
11. FUTURE AGENDA ITEMS - NONE SUBMITTED
12. STAFF UPDATES
13. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 18, 2025, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.
AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).
POSTED: Thursday, October 30, 2025 Melissa Wilcox, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: November 4, 2025 Agenda Memo
Date: October 30, 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.
5:00 p.m. Special Meeting
1. CALL TO ORDER
2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.
2.1 Women’s Clubhouse, Senior Housing, and Downtown Redevelopment Project.
3. ADJOURNMENT
5:30 p.m. Regular Meeting
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE AND INVOCATION - Brian Bell, Bishop for The Church of Jesus Christ of Latter-day Saints, to provide the invocation.
6. 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. [Time Estimate: 5:35 p.m.]
7. PRESENTATIONS [Time Estimate: 5:50 p.m.]
7.1 Adventist Health Annual Update.
Tulare City Council Page 2 of 12
Agenda Memo - November 4, 2025
8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting. [Time Estimate: 6:05 p.m.]
9. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 6:05 p.m.]
10. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. [Time Estimate: 6:10 p.m.]
10.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
10.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meetings of October 21, 2025. [M. Wilcox]
10.3 Emergency Roof Repair at TBIZ.
Recommended Action: Approve the emergency roof repair work completed by A+ Roofing, for $70,500, at the City-owned building where TBIZ is located (425 E. Kern Avenue) due to active roof leaks compromising recently completed interior renovations; and authorize the City Manager to execute any documents necessary associated with said work. [P. Aranzazu] Summary: The City of Tulare recently completed a full interior remodel of 425 E. Kern Avenue where TBIZ is located. Shortly after project completion, several leaks were discovered during recent rainfall events. These leaks stem from the building’s aging and deteriorated roofing system, which was not part of the original renovation scope, and staff anticipated having some useful life remaining.
Water intrusion has already caused minor but visible damage to ceiling materials and finishes and posed a significant risk to electrical infrastructure and the integrity of the renovation investment. Action was required to prevent further damage and ensure the safety and usability of the facility.
Staff conducted a preliminary assessment and consulted with qualified contractors who confirmed that the roof requires immediate replacement.
Pursuant to the City’s Purchasing Policy, an emergency purchase may be made when there is an immediate need to acquire materials, goods, supplies, equipment, or services. Due to the potential damage and loss caused by the roof leak, staff consulted with the City Manager who agreed that it was necessary to address the issue immediately.
Staff received three quotes, as follows:
• A+ Roofing of Lindsay, CA for $70,500
• D. Garrison Roofing of Tulare, CA for $75,275
• Empire Roofing of Visalia, CA for $82,363
Staff proceeded with A+ Roofing to perform the emergency roof repair which was completed on October 28.
Tulare City Council Page 3 of 12
Agenda Memo - November 4, 2025
Fiscal Impact & Funding Source(s): The emergency repair cost is $70,500, funded through the CIP Contingency. Funds are available, and coordination with Finance has been completed.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
10.4 Caltrans Matching Funds Application for FAA Pavement Management Project.
Recommended Action: Adopt a resolution authorizing the city manager, or designee, to submit an application, accept an allocation of funds, and execute a grant agreement with the California Department of Transportation (Caltrans) for an Airport Improvement Program (AIP) Matching Grant for the recently awarded FAA grant in the amount of $130,035 for the Pavement Management Project. [P. Aranzazu]
Summary: The City of Tulare has recently received a grant award of $130,035 from the Federal Aviation Administration (FAA) to fund a Pavement Management Project at Mefford Field Airport.
This project will assess the condition of the airport’s runway and taxiways, laying the groundwork for future FAA grant applications for needed repairs or full reconstruction.
To maximize the available funding, staff are requesting approval to apply for Caltrans Matching Funds, which, if approved, would contribute approximately $6,600 (5%) of the project cost. The remaining 5% match (approximately $6,600) will be funded by the airport budget; the account and budget have already been coordinated with the Finance Department.
As Caltrans’ matching funds are issued on a first-come, first-served basis, staff recommend moving forward promptly. A signed Council resolution is required as part of the application process.
Fiscal Impact & Funding Source(s): City funding has been budgeted and coordinated with Finance:
• FAA Grant: $130,035 (90%)
• Caltrans Matching Funds (pending): ~$6,600 (5%)
• Airport Match: ~$6,600 (5%)
• Total Project Cost: ~$130,035
Environmental Review: Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).
At this time, the City Council is not taking any action that would constitute approval of a Project.
Tulare City Council Page 4 of 12
Agenda Memo - November 4, 2025
The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item was reviewed by the City Attorney’s Office.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
10.5 Notice of Completion – PK0033 Zumwalt Park Renovation Project.
Recommended Action: Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0033 – Zumwalt Park Renovation, a park improvement project at Zumwalt Park; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]
Summary: This Capital Improvement Project renovated Zumwalt Park, transforming it from a passive space into a regional destination that serves the entire community with new recreational and entertainment opportunities. The work performed by this project included demolishing the existing restroom building, hardscape, site furnishings, and select landscaping and trees to make room for the new improvements.
The recent enhancements featured the construction of a new amphitheater with tiered seating, along with a stage, concrete flatwork, lighting, landscaping, a playground, a splash pad, an expanded restroom facility, fencing, signage, utility upgrades, and refurbishment of the existing gazebo. Additionally, an LED digital marquee sign was included as part of the improvements in the amphitheater. Off-site work involved installing new curb, gutter, sidewalk, and striping along the west side of "N" Street and the north side of Kern Avenue. This project was approved and incorporated into the City’s 2023-2028 CIP program budget.
On September 5, 2023, the City Council awarded a contract to Caliber Contracting Services Inc., of Fresno, CA, in the amount of $11,964,000.
Fiscal Impact & Funding Source(s): The project was funded through a combination of ARPA Federal Grant, Park DIF Funds, and General Fund CIP.
A summary of contract costs is as follows:
Approved Contract Amount: $11,964,000.00
Bid Item Quantity Adjustments & Reductions $ 0.00 (0%)
Contract Change Orders – Various: $ 646,149.00 (5.4%)
Total Construction Contract Cost: $12,610,149.00
Tulare City Council Page 5 of 12
Agenda Memo - November 4, 2025
Additional work encompassed modifications resulting from unexpected and varied field conditions, design inaccuracies, compliance with building codes, concert preparations, and aesthetic adjustments. Deductions were applied due to the utilization of alternative materials not specified in the original contract. It was determined to be in the best interest of the City to permit the use of alternative materials rather than those specified initially, thereby reducing costs for the City.
All work required of Caliber Contracting Services Inc., under this contract, has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.
PK0033-050-0601
028 – ARPA Federal Grant
390 – Park DIF Funds
601 – General Fund CIP
Environmental Review: Environmental review of the project was completed prior to award of the construction contracts. The subject action to issue a Notice of Completion does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to accept as complete the contract with Caliber Contracting Services Inc., staff would not be able from release retention payment in the amount of $630,507.45 owed to the Contractor. Denial would also postpone the start of the 1-year maintenance period for the project. Without specific written findings justifying the delay, the City could open itself up to litigation for damages; or 3) Table - Should Council deny the request to accept as complete the contract with Caliber Contracting Services Inc., staff would not be able from release retention payment in the amount of $630,507.45 owed to the Contractor. Denial would also postpone the start of the 1-year maintenance period for the project. Without specific written findings justifying the delay, the City could open itself up to litigation for damages.
10.6 Citizens Option of Public Safety 2025/2026 Program Funds.
Recommended Action: Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2024/2025 Program funds from the State of California in the amount of $109,333 to be used to fund one police officer position. [F. Ynclan] Summary: Since 1997, the California State Budget Act has included allocations to counties and cities for the COPS program. This funding is intended to fill the need for additional resources at the local level to ensure public safety. Funds must supplement existing services and cannot be used to supplant any existing funds. The funds cannot be used for administrative overhead costs in excess of ½ percent of the total allocation. The allocation may not be used to fund the costs of any capital project or construction project that does not directly support frontline law enforcement. Each city is required to deposit the funds into a separate Supplemental Law Enforcement Services Fund so that these funds are not intermingled with General Fund dollars.
Tulare City Council Page 6 of 12
Agenda Memo - November 4, 2025
The 2025/2026 COPS award for Tulare is in the amount of $111,564. Staff proposes to use the COPS funds to supplement one police officer position.
Fiscal Impact & Funding Source(s): 033 COPS State Grant Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
10.7 Fiscal Year 2026 PC Replacement.
Recommended Action: Award the purchase of 66 desktops and 10 laptops for use across all departments to Dell Inc. using the State of California NASPO contract for a total of $98,466.01; and authorize a 5% contingency for maximum purchase price of $103,389.32. [J. Bowling] Summary: The City of Tulare replaces computers annually on a 7-year cycle. The replacement count is based on the age of existing computers. All computers being replaced are between 6 and 7 years old and are at the end of their useful life and need to be replaced. Additionally, 10 laptops are being added to be used as training/check-out computers. These will be used when training needs to be held in a conference room, or a department needs to borrow a laptop for a short period of time. Historically we have used older laptops for this purpose, however due to hardware requirements from Microsoft to run the current version of windows, existing older laptops are not able to be used. A 5% contingency is being requested because tariffs are continuing to change and can unexpectedly impact pricing.
Dell hardware will be procured under the State of California NASPO (National Association of State Procurements Officials) Contract # 23026 / 7-23-70-55-01. This is a cooperative purchasing agreement that is available to cities, counties and special districts.
Fiscal Impact & Funding Source(s): Funds have been appropriated and are available in Fund 607 Equipment Replacement Fund.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
Tulare City Council Page 7 of 12
Agenda Memo - November 4, 2025
10.8 CIP Project ST0007 – Annual Transportation Maintenance.
Recommended Action: Approve the revised project sheet and budget for CIP Project ST0007 – Annual Transportation Maintenance; and approve the appropriation of additional Gas Tax funding in the amounts of $253,000.47 for fiscal years 2026 thru 2028, and $220,904.07 for fiscal years 2029 and 2030. [M. Miller]
Summary: An error was made on the Project Sheet for Project ST0007 – Annual Transportation Maintenance during the preparation of the 5-Year Capital Improvement Program for fiscal years 2026 thru 2030. Per City Administration Policy No. EN-04, “Transportation System Planning Policy”, a minimum of $47,000 is to be budgeted annually for the maintenance of striping on the City’s roadway system. Due to the specialized equipment required, this work is performed by a private contractor operating under contract. The actual annual cost of these services under the current contract is $300,000. When preparing the project sheet for Project ST0007 that was used to develop the 5-Year CIP, the Engineering Department incorrectly input the minimum funding per policy rather than the actual contract costs. This error must be corrected in order for the City to process invoices and make payments for services that have been provided for the current fiscal year.
Fiscal Impact & Funding Source(s): Project ST0007 is funded through the following sources:
• Fund 300 – Gas Taxes Fund
• Fund 301 – Measure R Fund
• Fund 400 – General CIP Fund
Additional funding required per the revised project sheet would be:
• $253,000.47 for fiscal years 2026 thru 2028, and
• $220,904.07 for fiscal years 2029 and 2030
It is proposed that the additional funding come from Fund 300 – Gas Taxes Fund to avoid impacts to the general fund.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes - Staff would incorporate changes directed by Council; 2) Deny - Revision of the 5-Year CIP is required to provide the funding appropriation necessary for the Finance Department to process pending invoices; or 3) Table - Tabling the item could result in delayed payment to the City’s striping contractor, and failure on the part of the City to comply with contract provisions.
10.9 Right-of-Way Services for EN0105 Hwy 99 Widening Utility Relocations.
Recommended Action: Award and Authorize the City Manager to sign a contract related to City Project EN0105 – Hwy 99 Widening Utility Relocations with Paragon of Cypress, CA for right-of-way services in the amount of $15,550; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($1,555) of the contract award amount; and approve the revised project sheet. [M. Miller] Tulare City Council Page 8 of 12
Agenda Memo - November 4, 2025
Summary: As part of the Caltrans State Route 99 6-lane Widening and Paige Avenue Interchange Improvement Project, Caltrans will be constructing pedestrian improvements along the south side of Paige Avenue between K Street and Blackstone Street. Currently, there is insufficient right-of-way to construct City standard improvements at the southeast corner of Paige Avenue and K Street. The existing corner has traffic signal equipment and a private fence that would prevent the installation of an ADA-compliant path of travel. The traffic signal equipment at this corner is also frequently damaged by trucks making a northbound right-turn onto Paige Avenue. Obtaining the right-of-way necessary for the ultimate build-out of Paige Avenue and K Street across the property located at the southeast corner of the intersection would allow for Caltrans to install a City standard ramped curb return, as well as provide the right-of-way necessary for future widening of both roadways to their ultimate configuration with associated traffic signal modifications.
It will be necessary to conduct a survey of the subject property and prepare legal descriptions and exhibits for any proposed right-of-way acquisition. Upon completion of the surveying tasks, it will be necessary to obtain title reports, prepare an appraisal, develop an offer package, negotiate with property owners, and manage the opening and closing of escrow. Paragon of Cypress, CA is included on the list of pre-qualified, on-call consultants for providing right-of-way services. They have provided a proposal that demonstrates that they and their subconsultant team possess the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing work on this project. Paragon has reviewed the scope of services required and proposes to perform the necessary services on a time-and-materials basis, not to exceed $15,550.00, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and what the City has experienced on projects with similar scopes of work.
The 5-Year Capital Improvement Program adopted by Council for fiscal years 2025/26 thru 2029/2030 included tentative project EN2025-03 – Hwy 99 Widening Utility Relocations, with a budget of $160,000 for professional services associated with the final design of required improvements. It is proposed that expenses associated with the subject contract be charged to this budget category. With the commencement of work on the project, the tentative project designation will be replaced with the final project number EN0105.
Fiscal Impact & Funding Source(s): CIP Project EN0105 – Highway 99 Widening Utility Relocations is funded by the following sources:
• Fund 225 – Water Supply Facilities DIF Fund
• Fund 233 – State Highway Project DIF Fund
• Fund 406 – Wastewater CIP Fund
• Fund 407 – Water CIP Fund
The Project Sheet for tentative project EN2025-03 as approved in the 2025-2030 Capital Improvement Plan identified $160,000 for professional services related to the final design/plan phase. It is proposed that the expenses associated with the requested contract be charged to this project account string. With the project formally moving forward, it will be reassigned the final project number EN0105, and the project account string to be utilized for the subject contracts will be EN0105-050-0200-0202. To date, there have been no expenditures charged to this account string. While no additional funding is requested at this time, Council is asked to approve the revised project sheet reflecting the final project designation of EN0105.
Environmental Review: Caltrans has completed the environmental review process for the State Route 99 6-lane widening and Paige Avenue interchange improvement project, which includes pedestrian improvements along Paige Avenue between K Street and Blackstone Tulare City Council Page 9 of 12
Agenda Memo - November 4, 2025
Street. Any future City project to widen Paige Avenue or K Street, or to construct intersection improvements will required completion of additional environmental review by the City prior to construction.
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by City Council; 2) Deny - Should City Council deny award of the requested contract, the City will not be able to undertake right-of-way acquisition activities necessary for Caltrans to construct ADA compliant pedestrian improvements at the southeast corner of Paige Avenue and K Street; or 3) Table - Postponing award of the requested contract for a short-term would not immediately cause any project delays.
10.10 Contract for 2025 Citywide Speed Zone Study.
Recommended Action: Award and authorize the City Manager to sign a contract with Willdan Engineering of Fresno, CA for preparation of the 2025 Citywide Speed Zone Study in the amount of $89,080; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($8,908) of the contract award amount. [M. Miller] Summary: In order to maintain radar-enforceable speed zones per the provisions of the California Vehicle Code, the City must regularly conduct engineering and traffic surveys justifying those zones. In particular, speed zones being enforced through the use of radar or any other electronic device that measures the speed of moving objects must be justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation. The last citywide speed zone study was conducted in 2020, and the studies contained therein are nearing expiration. Staff issued a Request for Proposals (RFP #26-825) for preparation of the 2025 Citywide Speed Zone Study. The scope of work encompassed by this RFP includes conducting engineering and traffic surveys on up to 159 roadway segments within the City of Tulare to determine recommendations for speed zones that would comply with provisions of the vehicle code. The resulting study would be presented to City Council in a public hearing, providing feedback opportunities for both Council and members of the public prior to adoption of a resolution establishing speed zones.
The City received eleven proposals in response to RFP #26-825. A review and selection committee was formed, which determined that Willdan Engineering of Fresno, CA was the firm who best demonstrated an understanding of the project parameters, and an ability to perform the work in a manner consistent with the City’s expectations. Willdan’s proposed fee for completing the 2025 Citywide Speed Zone Study is $89,080, which includes a $4,695 optional task to conduct a Safety Corridor Analysis. Under AB-43 and as of July 2024, roadway segments identified as a safety corridor may be reduced an additional 5 mph (up to 12.5 mph below the 85th percentile speed) if so justified through a safety corridor analysis. However, only 1/5 (20%) of the City’s roadways can be identified as safety corridors. Staff believe there is good value in completing this optional task and therefore included it in the proposed contract award.
The 5-Year Capital Improvement Program adopted by Council for fiscal years 2025/26 thru 2029/2030 included project EN0062 – Annual Transportation Studies/Admin. Speed Zone Surveys are included in this project, with a budget of $100,000 programmed for that task in the Tulare City Council Page 10 of 12
Agenda Memo - November 4, 2025
current fiscal year. To date, no other expenses have been charged to this account, so there is sufficient budget to cover the expenses of the proposed contract award.
Fiscal Impact & Funding Source(s): CIP Project EN0062 – Annual Transportation Studies/Admin is funded by the following sources for FY 2025/2026:
• Fund 300 – Gas Taxes Fund
• Fund 400 – General CIP Fund
Expenditures for the 2025 Citywide Speed Zone Study would be charged to project account string EN0062-226-060.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by City Council; 2) Deny - Should City Council deny award of the requested contract, the City will not be able to undertake the engineering and traffic surveys necessary for the use of radar or any other electronic device that measures the speed of moving objects. This would have significant impacts on the Police Department’s ability to enforce speed limits on City roadways; or 3) Table - Postponing award of the requested contract for a shortterm would not immediately cause any project delays.
10.11 Online Crime Reporting System (Versaterm).
Recommended Action: Award and authorize the City Manager, or designee, to enter into a three-year, sole source agreement with Versaterm Public Safety US, Inc. in the amount of $97,714.84 for an online crime reporting system; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($9,771) of the total contract amount; and approve a resolution to appropriate $50,000 from the Technology Reserve from General CIP Fund (Formally Fund 603 Technology CIP) to the Police Department operating account. [G. Merrill]
Summary: The Police Department is proposing the launch of an online crime reporting system (Versaterm) that will enable residents to file certain non-violent crime reports 24/7 without needing to speak directly with an officer. The types of reports that could be filed online will be limited to include only theft, battery (cold), vandalism, and restraining order violations. The system will improve public access, reduce call volumes to dispatch and front desk staff, and allow officers to focus on higher-priority incidents.
Versaterm, a leading provider of online reporting solutions, offers advanced tools available for citizen reporting. Their platform includes a web portal, interactive voice hand-off capabilities, and multilingual reporting options. Unlike traditional online reporting platforms, Versaterm stands out due to its conversational AI, which creates a more intuitive and conversational reporting process for submitters. This allows the public to initiate non-emergency reports using the method most convenient for them via the website or mobile app. Importantly, Versaterm holds the patent for this technology.
Tulare City Council Page 11 of 12
Agenda Memo - November 4, 2025
Versaterm would provide seamless integration with the department’s dispatching and records management software, while greatly improving the community’s ability to report incidents in a flexible, accessible, and efficient manner.
Fiscal Impact & Funding Source(s): The annual cost of service can be absorbed by the Police Department’s annual appropriation. The one-time implementation cost will be funded from the Technology Reserve CIP.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item has not been reviewed by the City Attorney.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
10.12 TPFA Management & Non-Management Side Letters.
Recommended Action: Approve a Side Letter of Agreement with the Tulare City Professional Fire Fighters Association Management and Non‐Management Bargaining Groups to modify the “Minimum Staffing” sections of their respective Memoranda of Understanding (“MOU”) and authorize the City Manager to execute said side letter. [T. Gaffery] Summary: This Side Letter has been developed in response to, and resolution of, a grievance filed related to the minimum staffing MOU language and corresponding department policy. The Side Letter clarifies when “acting” positions may be used, and when the Engineer/Paramedic will receive an “acting” stipend.
Fiscal Impact & Funding Source(s): Staff anticipate this action being cost-neutral.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This side letter has been reviewed by the City Attorney’s office.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
10.13 Illegal Disposal Sites Abatement Grant.
Recommended Action: Adopt a resolution authorizing staff to submit an application for the Illegal Disposal Sites Abatement Grant Program FY 2025-26 Cycle 104. [M. Correa] Summary: The City of Tulare is seeking grant funding to address three high‐priority illegal dumping sites located at Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East. Each site presents a clear and ongoing threat to public health, safety, and the environment Tulare City Council Page 12 of 12
Agenda Memo - November 4, 2025
due to the accumulation of solid waste, construction debris, furniture, and discarded tires. The Bardsley and I Street site is adjacent to residential properties and the Bardsley Canal, where illegal dumping of bulky items and refuse poses fire hazards, attracts vermin, and risks contaminating stormwater that flows into the canal. The Elk Bayou Park Curve and Elk Bayou Park East sites are located along the Elk Bayou corridor and have experienced repeated dumping of green waste, household materials, and tires directly adjacent to a natural waterway and public recreation areas. These conditions degrade water quality, obstruct public access, and create visual blight that deters community use of the park. Collectively, the three sites impact both residential neighborhoods and public open spaces that are intended for community recreation and environmental benefit.
Fiscal Impact & Funding Source(s): A total of $236,967.82 is being requested through the grant application. If awarded the grant, a grant account for the appropriation of funds in this amount would be created to track eligible expenses against the grant award.
Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA). However, the clean-up activities funded by the grant are exempt from CEQA pursuant to Section 15302 of the State CEQA Guidelines.
Potential Conflict of Interest: Staff are not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the resolution authorizing staff to submit the application for the grant is not adopted, the State will not be able to award grant funds supporting abatement of the identified illegal disposal sites in the city.
11. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 6:30 p.m.]
12. STAFF UPDATES [Time Estimate: 6:30 p.m.]
13. ADJOURNMENT [Time Estimate: 6:35 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 18, 2025, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.
City of Tulare Page 1 of 1
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Tulare Emergency Homeless Shelter
530 E O Neal Avenue, Tulare
Tuesday, October 21, 2025
8:30 a.m. Special Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54956.
COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Terry A. Sayre (arrived at 9:15 a.m.)
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Councilmember Jose Sigala
STAFF PRESENT: City Manager Marc Mondell; Chief Deputy City Clerk Melissa Wilcox; Assistant City Manager Thomas W. Gaffery IV; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Project Manager Bryan Cahill; Senior Civil Engineer Michael Winton
1. CALL TO ORDER
The special meeting of the Tulare City Council was called to order at 8:32 a.m. at the Tulare Emergency Homeless Shelter located at 530 E. O Neal Avenue, Tulare.
2. PUBLIC COMMENT
Various public comments were responded to by staff and the contractors.
3. TOUR OF TULARE EMERGENCY HOMELESS SHELTER
Staff provided the City Council a tour of the progress of the Tulare Emergency Homeless Shelter.
Questions by Council were responded to by staff.
4. ADJOURNMENT
Seeing no further business to discuss, the special meeting was adjourned at 9:22 a.m.
This is to certify that the foregoing is a true and
correct copy of the meeting minutes of the special
meeting held on October 21, 2025, as approved by
the Tulare City Council.
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Item #: 10.2
Consent
City of Tulare Page 1 of 5
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, October 21, 2025
5:00 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.
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 Wilcox; Assistant City Manager Thomas W. Gaffery IV; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; Community Development Director Mario Anaya; Executive Director of Economic Development &
Redevelopment Jennifer Gomez; Human Resources Director Janie Venegas; Housing & Grants Manager Alexis Costales
1. CALL TO ORDER
Mayor Isherwood called to order the special meeting of the Tulare City Council at 5:02 p.m. in the Council Chamber located at 491 North M Street.
2. STUDY SESSION
2.1 Lobbyist Workshop with Spencer Street of Townsend Public Affairs. Spencer Street, the City’s lobbyist, provided an update on the property where the Topham Skate Park and Women’s Clubhouse are located as well as an overview of the legislative process.
2.2 Inyo Corridor Workshop. Assistant City Manager Gaffery provided an overview of the Inyo Corridor project including project area, prior works, current conditions, and staff recommendations.
2.3 Entertainment District Workshop. City Manager Mondell provided an overview of the potential entertainment district. Brian Connolly of Victus Advisors presented a financial and economic feasibility study for a potential indoor sports complex, developer interview findings for the proposed entertainment district, and recommended next steps for the project. It was the consensus of Council for staff to move forward with the RFQ and focus on the southern corridor (Councilmember Sigala was not in agreement with southern location).
3. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 7:21 p.m.
City Council Meeting Minutes Tuesday, October 21, 2025
City of Tulare Page 2 of 5
4. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 7:29 p.m. in the Council Chamber located at 491 North M Street.
5. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Sigala led the Pledge of Allegiance, and an invocation was given by Debra Epps, Assistant Pastor of Living Christ Church.
6. PUBLIC COMMENT
Donnette Silva-Carter, Tulare Chamber of Commer CEO, provided various Chamber updates.
7. PRESENTATIONS
7.1 Downtown PBID Update. Executive Director of Economic Development & Redevelopment Gomez provided an update on the recent Downtown PBID efforts.
Questions posed by Council were answered by staff.
8. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
9. COUNCIL REPORTS AND ITEMS OF INTEREST
9.1 NOTICE OF CHANGE IN REGULAR CITY COUNCIL MEETING TIME: Regular City Council meetings will start at 5:30 p.m. beginning November 4, 2025. Special meetings may be scheduled prior to the regular meeting start time.
Council reported on recent events and discussed items of interest.
10. CONSENT CALENDAR
Items 10.7 and 10.10 were removed from the Consent Calendar.
It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for item 10.7 and
10.10. 10.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
10.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of October 7, 2025. [M. Wilcox]
10.3 Monthly Investments Report.
Recommended Action: Accept the monthly investments report for July and August 2025. [M. Roberts]
10.4 Contract Approval for Economic Development Strategic Plan.
Recommended Action: Approve and authorize the city manager to sign an agreement with Kosmont & Associates, Inc. to develop an Economic Development Strategic Plan and related services for a total amount not to exceed $100,000. [J. Gomez] City Council Meeting Minutes Tuesday, October 21, 2025
City of Tulare Page 3 of 5
10.5 Conditional Final Map Acceptance – Liberty Hill Phase 2.
Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Liberty Hill Phase 2 for recordation; and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to December 20, 2025. [M. Miller]
10.6 Parcel Map Acceptance – TPM 2025-02 Lekkerkerker.
Recommended Action: Approve Parcel Map 2025-02 associated with the Lekkerkerker Subdivision, filed by BF Central Valley Holdings, LLC, a Washington Limited Liability Company, for the division of land located at the northeast corner of Pratt Street and Paige Avenue for recordation, and accept all dedications and easements offered to the City. [M.
Miller]
10.8 Caltrans Property Acquisition for SR99 and Paige Avenue Interchange Project.
Recommended Action: [M. Miller] To facilitate construction of the State Route 99 6-lane Widening and Paige Avenue Interchange Reconstruction Project, authorize the city manager to sign all documents required for:
1) the sale of 4.7 acres of city-owned APN 191-070-025 to Caltrans, 2) a property exchange of city-owned APN 182-230-047 with a portion of Caltrans owned APN’s 182-230-053 and 182-230-053, and
3) a grant of a temporary construction easement on city-owned APN 171-090-034.
10.9 Willow Glen Phase 2 and 3 final Oversize Agreement.
Recommended Action: Authorize the city manager to execute an oversize construction reimbursement agreement with Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company for construction costs associated with Phase 2 and 3 of the Williow Glen (aka Brighton) subdivision that are eligible for reimbursement in accordance with Chapter
8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the city attorney and city manager. [M. Miller]
10.11 Cartmill Commons Notice of Completion.
Recommended Action: Accept the required public works improvements for the Cartmill Commons commercial project as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
ITEM(S) PULLED FROM CONSENT CALENDAR
10.7 HOME Investment Partnerships (HOME) Program and CalHome Program Funds.
Recommended Action: Adopt a resolution authorizing an appropriation of HOME Investment Partnerships Program (HOME) and CalHome Program grant and program income funds to Self-Help Enterprises for the implementation of first-time homebuyer/mortgage assistance and owner occupied rehabilitation activities from October 1, 2025, through September 30, 2028; and the execution of a subrecipient agreement, any amendments thereto, and of any related documents necessary to establish annual budgets and implement activities in accordance with regulations of the HOME and CalHome Programs. [A. Costales]
Council Action: Mayor Isherwood pulled this item to recuse himself due to a conflict of interest as he is employed by Self-Help Enterprises. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and carried 4 to 0 (Mayor Isherwood recused) to approve the item as presented.
City Council Meeting Minutes Tuesday, October 21, 2025
City of Tulare Page 4 of 5
10.10 Conditional Final Map Acceptance for the Cottonwood 3 Subdivision.
Recommended Action: Conditionally approve the final map and subdivision improvement agreement for the Cottonwood 3 subdivision for recordation and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to December 20, 2025. [M. Miller] Council Action: Councilmember Mederos pulled this item to recuse himself due to a conflict of interest as he owns property within 500 feet of the project boundaries. It was moved by Councilmember Sigala, seconded by Mayor Isherwood, and carried 4 to 0 (Councilmember Mederos recused) to approve the item as presented.
11. PUBLIC HEARING
11.1 Intent to Substantially Amend 2025-2029 Consolidated Plan and 2025 Action Plan.
Recommended Action: Receive a staff presentation and provide comment on the substantial amendment process and/or potential changes to the City of Tulare’s 2025- 2029 Consolidated Plan and 2025-2026 Annual Action Plan regarding the use of incoming HOME Investment Partnerships Program (HOME) and available Community Development Block Grant (CDBG) federal funds.
Presented By: Housing & Grants Manager Costales
Public Comment: Following staff presentation, the public hearing was opened at 8:09 p.m. Receiving no public comment, the hearing was closed at 8:09 p.m.
Council Action: There was no action taken on this matter.
12. GENERAL BUSINESS
12.1 Contract Awards for Project EN0102 – K Street Improvements.
Recommended Action: Award and authorize the city manager to sign contracts related to the construction phase of CIP Project EN0102 – K Street Improvement Project; authorize the city manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised project sheet.
Task Description Contractor Amount
1. Construction Contractor Archer Civil Construction, Tulare, CA $4,508,582.10
2. Construction Inspection NV5, Fresno, CA. $463,953.44
3. Materials Testing NV5, Fresno, CA. $118,312.24
4. Construction Surveying Lane Engineers, Tulare, CA. $45,000.00
5. Labor Compliance Quad Knoff, Visalia, CA. $47,700.00 Presented By: City Engineer Miller
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.
12.2 Contract Amendments for Project FM0048 – Homeless Shelter.
Recommended Action: Authorize the city manager to sign contract amendments related to City Project FM0048 - Emergency Homeless Shelter as follows:
1) 4Creeks, Inc. in the amount of $41,500 for additional design and construction support services; and
2) Krazan & Associates in the amount of $25,000 for additional materials testing services.
Presented By: City Engineer Miller
Public Comment: There were no public comments.
Council Action: It was moved by Vice Mayor Harrell, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.
City Council Meeting Minutes Tuesday, October 21, 2025
City of Tulare Page 5 of 5
12.3 Contracts with SCE for Project FM0048 – Homeless Shelter.
Recommended Action: Authorize the city manager to sign contracts with Southern California Edison to install electrical service and street lights for CIP Project FM0048 - Homeless Shelter, with associated costs totaling $153,998.95.
Presented By: City Engineer Miller
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.
12.4 Infrastructure Improvement Agreement with Faria Family II Limited Partnership and the International Agri-Center, Inc.
Recommended Action: Approve the proposed Infrastructure Improvement Agreement between the City of Tulare, the Faria Family II Limited Partnership and the International Agri-Center, Inc. and authorize the City Manager to execute all necessary documents.
Presented By: City Manager Mondell; City Attorney Zamora Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.
12.5 Economic Development Quarterly & September Updates.
Recommended Action: Receive an update on economic development activity.
Presented By: Executive Director of Economic Development & Redevelopment Gomez Public Comment: There were no public comments.
Council Action: This item was informational only; therefore, no action was taken.
13. FUTURE AGENDA ITEMS - NONE SUBMITTED
14. STAFF UPDATES
Staff provided updates on department activities.
15. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 8:57 p.m.
This is to certify that the foregoing is a true and
correct copy of the meeting minutes of the special
and regular meetings held on October 21, 2025, as
approved by the Tulare City Council.
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: General Services
Submitted by: Peter Aranzazu, Facilities Maintenance and Airport Manager Agenda Title: Emergency Roof Repair at TBIZ
RECOMMENDED ACTION
Approve the emergency roof repair work completed by A+ Roofing, for $70,500, at the City-owned building where TBIZ is located (425 E. Kern Avenue) due to active roof leaks compromising recently completed interior renovations; and authorize the City Manager to execute any documents necessary associated with said work.
SUMMARY
The City of Tulare recently completed a full interior remodel of 425 E. Kern Avenue where TBIZ is located.
Shortly after project completion, several leaks were discovered during recent rainfall events. These leaks stem from the building’s aging and deteriorated roofing system, which was not part of the original renovation scope, and staff anticipated having some useful life remaining.
Water intrusion has already caused minor but visible damage to ceiling materials and finishes and posed a significant risk to electrical infrastructure and the integrity of the renovation investment. Action was required to prevent further damage and ensure the safety and usability of the facility.
Staff conducted a preliminary assessment and consulted with qualified contractors who confirmed that the roof requires immediate replacement.
Pursuant to the City’s Purchasing Policy, an emergency purchase may be made when there is an immediate need to acquire materials, goods, supplies, equipment, or services. Due to the potential damage and loss caused by the roof leak, staff consulted with the City Manager who agreed that it was necessary to address the issue immediately.
Staff received three quotes, as follows:
• A+ Roofing of Lindsay, CA for $70,500
• D. Garrison Roofing of Tulare, CA for $75,275
• Empire Roofing of Visalia, CA for $82,363
Staff proceeded with A+ Roofing to perform the emergency roof repair which was completed on October
28. FISCAL IMPACT & FUNDING SOURCES
The emergency repair cost is $70,500, funded through the CIP Contingency. Funds are available, and coordination with Finance has been completed.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
Item #: 10.3
Consent
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Quote
Reviewed/Approved: TG
ROOFING CONTRACT
OWNER INFORMATION
Name Tulare Court House Phone
Address 425 E, Kern Ave Project Name Tulare Court House Overlay City, State ZIP Fresno Ca Email
Valid Thru 10/09/25 Date 09/09/25
SCOPE OF WORK
ADDITIONAL WORK
ROOFING PROPOSAL
Submitted by (Company Representative) Date
OWNER ACCEPTANCE
Submitted by (home owner or authorized representative) Date 1 building: Sweep and prepare surface clean. Install 1/4 Dens deck sheet or/fire sheet on entire deck.
Mechanically fasten single ply TPO 60 and Heat weld all seems. Install all needed roof jack boots and universal inside/outside corners by heat welding. Seal all needed areas and clean up all debris from our work. * This project bid per Private wage.
* 10 Year Labor Warranty
Contract Proposal Low Slope Tpo 60 mil: $ 70,500.00
Lic#994453
24174 Road 212
Lindsay, Ca 93247
Office
(559)859-3274
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: General Services
Submitted by: Peter Aranzazu, Facilities Maintenance & Airport Manager Agenda Title: Caltrans Matching Funds Application for FAA Pavement Management Project
RECOMMENDED ACTION
Adopt a resolution authorizing the city manager, or designee, to submit an application, accept an allocation of funds, and execute a grant agreement with the California Department of Transportation (Caltrans) for an Airport Improvement Program (AIP) Matching Grant for the recently awarded FAA grant in the amount of $130,035 for the Pavement Management Project.
SUMMARY
The City of Tulare has recently received a grant award of $130,035 from the Federal Aviation Administration (FAA) to fund a Pavement Management Project at Mefford Field Airport. This project will assess the condition of the airport’s runway and taxiways, laying the groundwork for future FAA grant applications for needed repairs or full reconstruction.
To maximize the available funding, staff are requesting approval to apply for Caltrans Matching Funds, which, if approved, would contribute approximately $6,600 (5%) of the project cost. The remaining 5% match (approximately $6,600) will be funded by the airport budget; the account and budget have already been coordinated with the Finance Department.
As Caltrans’ matching funds are issued on a first-come, first-served basis, staff recommend moving forward promptly. A signed Council resolution is required as part of the application process.
FISCAL IMPACT & FUNDING SOURCES
City funding has been budgeted and coordinated with Finance:
• FAA Grant: $130,035 (90%)
• Caltrans Matching Funds (pending): ~$6,600 (5%)
• Airport Match: ~$6,600 (5%)
• Total Project Cost: ~$130,035
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).
At this time, the City Council is not taking any action that would constitute approval of a Project.
The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).
Item #: 10.4
Consent
POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item was reviewed by the City Attorney’s Office.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
Reviewed/Approved: TG
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE SUBMITTAL OF AN APPLICATION, ACCEPTANCE OF AN ALLOCATION OF
FUNDS, AND EXECUTION OF GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR AN AIRPORT IMPROVEMENT PROGRAM (AIP) MATCHING GRANT WHEREAS, the City of Tulare and the Federal Aviation Administration are parties to federal AIP Grant No. 3-06-0263-021-2025 for Pavement Maintenance Management Plan at Mefford Field Airport; and
WHEREAS, the California Department of Transportation, pursuant to the Public Utilities Code Section 21683.1, provides grants of five percent (5%) of Federal Aviation Administration grants to airports; and
WHEREAS, the California Department of Transportation requires the City Council to adopt a resolution authorizing the submission of an application for an AIP Matching Grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Manager, or designee, is hereby authorized to file an application for a state AIP Matching Grant for the Pavement Maintenance Management Plan at Mefford Field Airport.
Section 2. The City Manager, or designee, is hereby authorized to accept the allocation of state AIP Matching Grant for said project.
Section 3. The City Manager, or designee, is hereby authorized to execute an AIP Matching Grant Agreement for said project.
Section 4. The City Manager, or designee, is hereby authorized to sign any documents, on behalf of the City of Tulare, required to apply for and accept funds for said project.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 4th day of November 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 Wilcox, Chief Deputy City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion – PK0033 Zumwalt Park Renovation Project
RECOMMENDED ACTION
Accept as complete the contract with Caliber Contracting Services Inc., of Fresno, CA, for work on Project PK0033 – Zumwalt Park Renovation, a park improvement project at Zumwalt Park; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.
SUMMARY
This Capital Improvement Project renovated Zumwalt Park, transforming it from a passive space into a regional destination that serves the entire community with new recreational and entertainment opportunities. The work performed by this project included demolishing the existing restroom building, hardscape, site furnishings, and select landscaping and trees to make room for the new improvements.
The recent enhancements featured the construction of a new amphitheater with tiered seating, along with a stage, concrete flatwork, lighting, landscaping, a playground, a splash pad, an expanded restroom facility, fencing, signage, utility upgrades, and refurbishment of the existing gazebo. Additionally, an LED digital marquee sign was included as part of the improvements in the amphitheater. Off-site work involved installing new curb, gutter, sidewalk, and striping along the west side of "N" Street and the north side of Kern Avenue. This project was approved and incorporated into the City’s 2023-2028 CIP program budget.
On September 5, 2023, the City Council awarded a contract to Caliber Contracting Services Inc., of Fresno, CA, in the amount of $11,964,000.
FISCAL IMPACT & FUNDING SOURCES
The project was funded through a combination of ARPA Federal Grant, Park DIF Funds, and General Fund CIP.
A summary of contract costs is as follows:
Approved Contract Amount: $11,964,000.00
Bid Item Quantity Adjustments & Reductions $ 0.00 (0%)
Contract Change Orders – Various: $ 646,149.00 (5.4%)
Total Construction Contract Cost: $12,610,149.00
Additional work encompassed modifications resulting from unexpected and varied field conditions, design inaccuracies, compliance with building codes, concert preparations, and aesthetic adjustments.
Deductions were applied due to the utilization of alternative materials not specified in the original contract.
It was determined to be in the best interest of the City to permit the use of alternative materials rather than those specified initially, thereby reducing costs for the City.
All work required of Caliber Contracting Services Inc., under this contract, has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.
Item #: 10.5
Consent
PK0033-050-0601
028 – ARPA Federal Grant
390 – Park DIF Funds
601 – General Fund CIP
ENVIRONMENTAL REVIEW
Environmental review of the project was completed prior to award of the construction contracts. The subject action to issue a Notice of Completion does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny – Should Council deny the request to accept as complete the contract with Caliber Contracting Services Inc., staff would not be able from release retention payment in the amount of $630,507.45 owed to the Contractor. Denial would also postpone the start of the 1-year maintenance period for the project. Without specific written findings justifying the delay, the City could open itself up to litigation for damages.
3. Table – Should Council deny the request to accept as complete the contract with Caliber Contracting Services Inc., staff would not be able from release retention payment in the amount of $630,507.45 owed to the Contractor. Denial would also postpone the start of the 1-year maintenance period for the project. Without specific written findings justifying the delay, the City could open itself up to litigation for damages.
ATTACHMENTS
1. Notice of Completion
Reviewed/Approved: TG
RECORDING REQUESTED BY:
CITY OF TULARE
AND WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 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 4th day of November 2025, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.
4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is Caliber Contracting Services, Inc., whose address is 5191 E. Dakota Avenue, Fresno, CA 93727. The surety on said contract is Everest National Insurance Company.
5. The real property or public works or structure is described as follows:
Zumwalt Park Renovation, Project No. PK0033.
Dated: , 2025 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
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Police
Submitted by: Fred Ynclan, Chief of Police
Agenda Title: Citizens Option of Public Safety 2025/2026 Program Funds
RECOMMENDED ACTION
Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2024/2025 Program funds from the State of California in the amount of $109,333 to be used to fund one police officer position.
SUMMARY
Since 1997, the California State Budget Act has included allocations to counties and cities for the COPS program. This funding is intended to fill the need for additional resources at the local level to ensure public safety. Funds must supplement existing services and cannot be used to supplant any existing funds. The funds cannot be used for administrative overhead costs in excess of ½ percent of the total allocation.
The allocation may not be used to fund the costs of any capital project or construction project that does not directly support frontline law enforcement. Each city is required to deposit the funds into a separate Supplemental Law Enforcement Services Fund so that these funds are not intermingled with General Fund dollars.
The 2025/2026 COPS award for Tulare is in the amount of $111,564. Staff proposes to use the COPS funds to supplement one police officer position.
FISCAL IMPACT & FUNDING SOURCES
033 COPS State Grant
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Allocation letter
2. Resolution
Reviewed/Approved: TG
Item #: 10.6
Consent
September 9, 2025
Honorable Malia M. Cohen
State Controller
3301 C Street
Sacramento, CA 95816
Attention: Evelyn Calderon-Yee, Chief
Bureau of Payments, Local Government Programs and Services Division, State Controller’s Office
Dear Controller Cohen:
Pursuant to Government Code section 30029.05, subdivision (e), paragraph (2), the Department of Finance respectfully submits the attached (Attachments I and II) percentages for the 2025-26 allocation of $214,200,000 in Citizens’ Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) funds deposited in the Enhancing Law Enforcement Activities Subaccount (ELEAS) in the Law Enforcement Services Account within the Local Revenue Fund 2011.
Pursuant to Government Code section 30061, subdivisions (b) and (g), subsequent to the allocation described in Section 29552, subdivision (d), 47.08727192 percent of the remaining funds deposited in the ELEAS for the COPS (23.54363596 percent) and JJCPA (23.54363596 percent) programs are to be allocated, according to the relative population for each county and city, as follows:
(1) 5.15 percent to county sheriffs for county jail construction and operation ($11,031,300).
(2) 5.15 percent to district attorneys for criminal prosecution ($11,031,300). (3) 50 percent to counties to implement a comprehensive multi-agency juvenile justice plan ($107,100,000).
(4) 39.7 percent to counties and cities for front-line law enforcement ($85,037,400).
Please note that the by-county percentages for the first three allocations above: (1) county jail construction and operation, (2) district attorney criminal prosecution, and (3) multi-agency juvenile justice plans, are specified on Attachment I and the bycounty/city percentages for the fourth allocation, front-line law enforcement, are identified on Attachment II.
2 Pursuant to Government Code section 30061, subdivision (b), paragraph (3), each law enforcement jurisdiction receiving front-line law enforcement funding is to receive a minimum grant of $100,000. The percentages included in Attachment II are calculated in a manner that provides for a minimum grant allocation of $100,000 to each law enforcement jurisdiction listed in Attachment II.
Also note that the allocations shown on Attachments I and II may be slightly different from the final allocations made by the State Controller’s Office due to rounding.
If you have any questions, or need additional information, please call Kyle Gayman, Finance Budget Analyst, at (916) 445-8913.
Sincerely,
AMY JARVIS
Program Budget Manager
Attachment
cc:
Anne Kato, Acting Chief, Local Government Programs and Services Division, State Controller’s Office
Evelyn Calderon-Yee, Chief, Bureau of Payments, Local Government Programs and Services Division, State Controller’s Office
Melma Dizon, Manager, Local Apportionments Section, Local Government Programs and Services Division, State Controller’s Office Aaron Maguire, Executive Director, Board of State and Community Corrections 2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) Allocations Based on Jan. 1, 2025 Population Estimates
Attachment I
Total
100.00%
214,200,000
Co. Jail
Operation
Allocation by
County
Percent of Co.
Jail Operation
Allocation by
County
District
Attorney
Allocation by
County
Percent of District
Attorney
Allocation by
County
Juvenile
Justice
Allocation by
County
Percent of
Juvenile Justice
Allocation by
County
Total
Allocation by
County
Percent of Total
Allocation by
County
Front-line Law
Enforcement
Percent of Total
Allocation by
County
Total Allocation
by County
Alameda 1,662,482 4.20571669% $463,945 4.20571669% $463,945 4.20571669% $4,504,323 4.20571669% $5,432,213 4.20571669% $2,797,398 3.28960930% $8,229,611 Alpine 1,177 0.00297755% $328 0.00297755% $328 0.00297755% $3,189 0.00297755% $3,846 0.00297755% $100,000 0.11759532% $103,846 Amador 39,563 0.10008576% $11,041 0.10008576% $11,041 0.10008576% $107,192 0.10008576% $129,273 0.10008576% $600,000 0.70557190% $729,273 Butte 207,525 0.52499297% $57,914 0.52499297% $57,914 0.52499297% $562,267 0.52499297% $678,095 0.52499297% $673,984 0.79257419% $1,352,079 Calaveras 44,722 0.11313690% $12,480 0.11313690% $12,480 0.11313690% $121,170 0.11313690% $146,131 0.11313690% $200,000 0.23519063% $346,131 Colusa 22,026 0.05572097% $6,147 0.05572097% $6,147 0.05572097% $59,677 0.05572097% $71,971 0.05572097% $300,000 0.35278595% $371,971 Contra Costa 1,158,225 2.93005652% $323,223 2.93005652% $323,223 2.93005652% $3,138,091 2.93005652% $3,784,537 2.93005652% $2,559,844 3.01025712% $6,344,382 Del Norte 26,544 0.06715053% $7,408 0.06715053% $7,408 0.06715053% $71,918 0.06715053% $86,733 0.06715053% $200,000 0.23519063% $286,733 El Dorado 190,770 0.48260647% $53,238 0.48260647% $53,238 0.48260647% $516,872 0.48260647% $623,347 0.48260647% $443,151 0.52112445% $1,066,498 Fresno 1,037,053 2.62351780% $289,408 2.62351780% $289,408 2.62351780% $2,809,788 2.62351780% $3,388,604 2.62351780% $2,593,429 3.04975080% $5,982,033 Glenn 29,369 0.07429716% $8,196 0.07429716% $8,196 0.07429716% $79,572 0.07429716% $95,964 0.07429716% $300,000 0.35278595% $395,964 Humboldt 133,817 0.33852781% $37,344 0.33852781% $37,344 0.33852781% $362,563 0.33852781% $437,251 0.33852781% $807,696 0.94981261% $1,244,947 Imperial 186,499 0.47180177% $52,046 0.47180177% $52,046 0.47180177% $505,300 0.47180177% $609,391 0.47180177% $800,000 0.94076254% $1,409,391 Inyo 18,800 0.04755990% $5,246 0.04755990% $5,246 0.04755990% $50,937 0.04755990% $61,430 0.04755990% $200,000 0.23519063% $261,430 Kern 923,961 2.33741972% $257,848 2.33741972% $257,848 2.33741972% $2,503,377 2.33741972% $3,019,072 2.33741972% $2,309,413 2.71576153% $5,328,485 Kings 154,015 0.38962434% $42,981 0.38962434% $42,981 0.38962434% $417,288 0.38962434% $503,249 0.38962434% $500,000 0.58797658% $1,003,249 Lake 67,254 0.17013794% $18,768 0.17013794% $18,768 0.17013794% $182,218 0.17013794% $219,755 0.17013794% $300,000 0.35278595% $519,755 Lassen 28,716 0.07264521% $8,014 0.07264521% $8,014 0.07264521% $77,803 0.07264521% $93,830 0.07264521% $200,000 0.23519063% $293,830 Los Angeles 9,876,811 24.98617664% $2,756,300 24.98617664% $2,756,300 24.98617664% $26,760,195 24.98617664% $32,272,795 24.98617664% $18,542,720 21.80537059% $50,815,516 Madera 162,599 0.41133999% $45,376 0.41133999% $45,376 0.41133999% $440,545 0.41133999% $531,297 0.41133999% $319,847 0.37612473% $851,144 Marin 254,550 0.64395596% $71,037 0.64395596% $71,037 0.64395596% $689,677 0.64395596% $831,750 0.64395596% $1,201,496 1.41290293% $2,033,246 Mariposa 16,917 0.04279632% $4,721 0.04279632% $4,721 0.04279632% $45,835 0.04279632% $55,277 0.04279632% $100,000 0.11759532% $155,277 Mendocino 89,827 0.22724271% $25,068 0.22724271% $25,068 0.22724271% $243,377 0.22724271% $293,513 0.22724271% $500,000 0.58797658% $793,513 Merced 293,080 0.74142845% $81,789 0.74142845% $81,789 0.74142845% $794,070 0.74142845% $957,648 0.74142845% $784,477 0.92250833% $1,742,125 Modoc 8,491 0.02148038% $2,370 0.02148038% $2,370 0.02148038% $23,005 0.02148038% $27,745 0.02148038% $200,000 0.23519063% $227,745 Mono 12,684 0.03208775% $3,540 0.03208775% $3,540 0.03208775% $34,366 0.03208775% $41,445 0.03208775% $200,000 0.23519063% $241,445 Monterey 438,831 1.11014667% $122,464 1.11014667% $122,464 1.11014667% $1,188,967 1.11014667% $1,433,894 1.11014667% $1,506,114 1.77111902% $2,940,008 Napa 136,124 0.34436402% $37,988 0.34436402% $37,988 0.34436402% $368,814 0.34436402% $444,790 0.34436402% $618,799 0.72767811% $1,063,588 Nevada 100,354 0.25387372% $28,006 0.25387372% $28,006 0.25387372% $271,899 0.25387372% $327,910 0.25387372% $401,973 0.47270110% $729,883 Orange 3,175,427 8.03313741% $886,159 8.03313741% $886,159 8.03313741% $8,603,490 8.03313741% $10,375,809 8.03313741% $5,637,270 6.62916545% $16,013,079 Placer 421,446 1.06616642% $117,612 1.06616642% $117,612 1.06616642% $1,141,864 1.06616642% $1,377,088 1.06616642% $927,171 1.09030948% $2,304,259 Plumas 18,885 0.04777493% $5,270 0.04777493% $5,270 0.04777493% $51,167 0.04777493% $61,707 0.04777493% $200,000 0.23519063% $261,707 Riverside 2,495,640 6.31342463% $696,453 6.31342463% $696,453 6.31342463% $6,761,678 6.31342463% $8,154,583 6.31342463% $4,599,559 5.40886638% $12,754,143 Sacramento 1,604,745 4.05965468% $447,833 4.05965468% $447,833 4.05965468% $4,347,890 4.05965468% $5,243,556 4.05965468% $2,611,378 3.07085879% $7,854,934 San Benito 66,822 0.16904508% $18,648 0.16904508% $18,648 0.16904508% $181,047 0.16904508% $218,343 0.16904508% $300,000 0.35278595% $518,343 San Bernardino 2,207,424 5.58430104% $616,021 5.58430104% $616,021 5.58430104% $5,980,786 5.58430104% $7,212,828 5.58430104% $4,025,057 4.73327828% $11,237,885 San Diego 3,330,139 8.42452501% $929,335 8.42452501% $929,335 8.42452501% $9,022,666 8.42452501% $10,881,336 8.42452501% $5,499,547 6.46720954% $16,380,882 San Francisco 842,027 2.13014457% $234,983 2.13014457% $234,983 2.13014457% $2,281,385 2.13014457% $2,751,350 2.13014457% $1,286,812 1.51323012% $4,038,162 San Joaquin 805,856 2.03863984% $224,888 2.03863984% $224,888 2.03863984% $2,183,383 2.03863984% $2,633,160 2.03863984% $1,493,419 1.75619025% $4,126,579 San Luis Obispo 279,337 0.70666166% $77,954 0.70666166% $77,954 0.70666166% $756,835 0.70666166% $912,743 0.70666166% $883,508 1.03896453% $1,796,251 San Mateo 748,337 1.89312932% $208,837 1.89312932% $208,837 1.89312932% $2,027,542 1.89312932% $2,445,215 1.89312932% $2,340,960 2.75285966% $4,786,175 Santa Barbara 447,132 1.13114639% $124,780 1.13114639% $124,780 1.13114639% $1,211,458 1.13114639% $1,461,018 1.13114639% $1,117,350 1.31395177% $2,578,369 Santa Clara 1,922,259 4.86289582% $536,441 4.86289582% $536,441 4.86289582% $5,208,161 4.86289582% $6,281,043 4.86289582% $3,348,184 3.93730804% $9,629,227 Santa Cruz 263,710 0.66712876% $73,593 0.66712876% $73,593 0.66712876% $714,495 0.66712876% $861,681 0.66712876% $595,821 0.70065803% $1,457,502 Shasta 180,201 0.45586921% $50,288 0.45586921% $50,288 0.45586921% $488,236 0.45586921% $588,813 0.45586921% $443,143 0.52111546% $1,031,956 Sierra 3,170 0.00801941% $885 0.00801941% $885 0.00801941% $8,589 0.00801941% $10,358 0.00801941% $200,000 0.23519063% $210,358 Siskiyou 43,311 0.10956738% $12,087 0.10956738% $12,087 0.10956738% $117,347 0.10956738% $141,520 0.10956738% $1,100,000 1.29354849% $1,241,520 Solano 449,839 1.13799451% $125,536 1.13799451% $125,536 1.13799451% $1,218,792 1.13799451% $1,469,863 1.13799451% $1,028,933 1.20997689% $2,498,796 Sonoma 482,848 1.22150008% $134,747 1.22150008% $134,747 1.22150008% $1,308,227 1.22150008% $1,577,721 1.22150008% $1,272,610 1.49652969% $2,850,331 Stanislaus 555,765 1.40596418% $155,096 1.40596418% $155,096 1.40596418% $1,505,788 1.40596418% $1,815,980 1.40596418% $1,313,945 1.54513815% $3,129,925 Sutter 100,257 0.25362833% $27,979 0.25362833% $27,979 0.25362833% $271,636 0.25362833% $327,593 0.25362833% $307,668 0.36180368% $635,261 Tehama 64,827 0.16399816% $18,091 0.16399816% $18,091 0.16399816% $175,642 0.16399816% $211,824 0.16399816% $400,000 0.47038127% $611,824 Trinity 15,884 0.04018305% $4,433 0.04018305% $4,433 0.04018305% $43,036 0.04018305% $51,901 0.04018305% $100,000 0.11759532% $151,901 Tulare 487,209 1.23253246% $135,964 1.23253246% $135,964 1.23253246% $1,320,042 1.23253246% $1,591,971 1.23253246% $1,144,366 1.34572140% $2,736,337 Tuolumne 54,357 0.13751135% $15,169 0.13751135% $15,169 0.13751135% $147,275 0.13751135% $177,613 0.13751135% $200,000 0.23519063% $377,613 Ventura 829,005 2.09720176% $231,349 2.09720176% $231,349 2.09720176% $2,246,103 2.09720176% $2,708,800 2.09720176% $1,595,987 1.87680654% $4,304,788 Yolo 225,433 0.57029630% $62,911 0.57029630% $62,911 0.57029630% $610,787 0.57029630% $736,610 0.57029630% $500,000 0.58797658% $1,236,610 Yuba 85,023 0.21508964% $23,727 0.21508964% $23,727 0.21508964% $230,361 0.21508964% $277,815 0.21508964% $304,369 0.35792368% $582,184 Total 39,529,101 100.00000000% 11,031,300 100.00000000% 11,031,300 100.00000000% 107,100,000 100.00000000% 129,162,600 100.00000000% 85,037,400 100.00000000% 214,200,000 *The COPS Front-line Law Enforcement breakdown by county and city for SCO distribution is provided in Attachment II. 129,162,600 85,037,400
Subtotal COPS (Front-line Law Enforcement)*
5.15% 5.15% 50.00% 60.30% 39.70%
JJCPA
107,100,000
County
1/1/2025
Population by
County
Percent of 1/1/2025
Population by County
COPS (Excluding Front-line Enforcement)
11,031,300 11,031,300
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Alameda 1,662,482 $2,797,398 3.28960932%
Alameda 79,020 $120,761 0.14200904%
Albany 20,578 $100,000 0.11759532%
Berkeley 128,348 $196,145 0.23065776%
Dublin 74,691 $114,145 0.13422927%
Emeryville 13,471 $100,000 0.11759532%
Fremont 232,619 $355,496 0.41804607%
Hayward 162,359 $248,122 0.29177987%
Livermore 85,899 $131,273 0.15437148%
Newark 48,886 $100,000 0.11759532%
Oakland 426,457 $651,725 0.76639772%
Piedmont 10,806 $100,000 0.11759532%
Pleasanton 77,232 $118,028 0.13879577%
San Leandro 87,813 $134,199 0.15781118%
Union City 66,657 $101,867 0.11979115%
Balance of County 147,646 $225,637 0.26533873%
Alpine 1,177 $100,000 0.11759532%
Amador 39,563 $600,000 0.70557192%
Amador 196 $100,000 0.11759532%
Ione 9,037 $100,000 0.11759532%
Jackson 4,822 $100,000 0.11759532%
Plymouth 1,122 $100,000 0.11759532%
Sutter Creek 2,538 $100,000 0.11759532%
Balance of County 21,848 $100,000 0.11759532%
Butte 207,525 $673,984 0.79257421%
Biggs 1,973 $100,000 0.11759532%
Chico 113,847 $173,984 0.20459761%
Gridley 7,302 $100,000 0.11759532%
Oroville 19,653 $100,000 0.11759532%
Paradise 11,088 $100,000 0.11759532%
Balance of County 53,662 $100,000 0.11759532%
Calaveras 44,722 $200,000 0.23519064%
Angels City 3,570 $100,000 0.11759532%
Balance of County 41,152 $100,000 0.11759532%
Colusa 22,026 $300,000 0.35278596%
Colusa 6,536 $100,000 0.11759532%
Williams 5,589 $100,000 0.11759532%
Balance of County 9,901 $100,000 0.11759532%
Contra Costa 1,158,225 $2,559,844 3.01025715%
Antioch 116,781 $178,468 0.20987038%
Brentwood 65,747 $100,477 0.11815576%
Clayton 10,743 $100,000 0.11759532%
Concord 122,650 $187,438 0.22041772%
Danville 42,960 $100,000 0.11759532%
El Cerrito 25,862 $100,000 0.11759532%
Hercules 26,225 $100,000 0.11759532%
Lafayette 25,054 $100,000 0.11759532%
Martinez 36,817 $100,000 0.11759532%
Moraga 16,637 $100,000 0.11759532%
Oakley 46,826 $100,000 0.11759532%
Orinda 19,351 $100,000 0.11759532%
Pinole 18,261 $100,000 0.11759532%
Pittsburg 76,374 $116,717 0.13725384%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Pleasant Hill 33,601 $100,000 0.11759532%
Richmond 113,594 $173,598 0.20414293%
San Pablo 31,507 $100,000 0.11759532%
San Ramon 83,391 $127,441 0.14986428%
Walnut Creek 69,927 $106,865 0.12566775%
Balance of County 175,917 $268,842 0.31614533%
Kensington Police Department 0 $100,000 0.11759532%
Del Norte 26,544 $200,000 0.23519064%
Crescent City 6,056 $100,000 0.11759532%
Balance of County 20,488 $100,000 0.11759532%
El Dorado 190,770 $443,151 0.52112445%
Placerville 10,642 $100,000 0.11759532%
South Lake Tahoe 21,022 $100,000 0.11759532%
Balance of County 159,106 $243,151 0.28593381%
Fresno 1,037,053 $2,593,429 3.04975084%
Clovis 129,121 $197,327 0.23204694%
Coalinga 17,608 $100,000 0.11759532%
Firebaugh 8,714 $100,000 0.11759532%
Fowler 7,667 $100,000 0.11759532%
Fresno 557,032 $851,273 1.00105768%
Huron 6,932 $100,000 0.11759532%
Kerman 17,535 $100,000 0.11759532%
Kingsburg 13,285 $100,000 0.11759532%
Mendota 12,710 $100,000 0.11759532%
Orange Cove 9,717 $100,000 0.11759532%
Parlier 14,649 $100,000 0.11759532%
Reedley 26,603 $100,000 0.11759532%
Sanger 27,037 $100,000 0.11759532%
San Joaquin 3,654 $100,000 0.11759532%
Selma 24,585 $100,000 0.11759532%
Balance of County 160,204 $244,829 0.28790706%
Glenn 29,369 $300,000 0.35278596%
Orland 8,704 $100,000 0.11759532%
Willows 6,475 $100,000 0.11759532%
Balance of County 14,190 $100,000 0.11759532%
Humboldt 133,817 $807,696 0.94981263%
Arcata 19,001 $100,000 0.11759532%
Blue Lake 1,136 $100,000 0.11759532%
Eureka 26,122 $100,000 0.11759532%
Ferndale 1,361 $100,000 0.11759532%
Fortuna 12,198 $100,000 0.11759532%
Rio Dell 3,232 $100,000 0.11759532%
Trinidad 296 $100,000 0.11759532%
Balance of County 70,471 $107,696 0.12664539%
Imperial 186,499 $800,000 0.94076256%
Brawley 28,952 $100,000 0.11759532%
Calexico 40,073 $100,000 0.11759532%
Calipatria 6,061 $100,000 0.11759532%
El Centro 46,007 $100,000 0.11759532%
Holtville 5,685 $100,000 0.11759532%
Imperial 22,866 $100,000 0.11759532%
Westmorland 2,084 $100,000 0.11759532%
Balance of County 34,771 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Inyo 18,800 $200,000 0.23519064%
Bishop 3,850 $100,000 0.11759532%
Balance of County 14,950 $100,000 0.11759532%
Kern 923,961 $2,309,413 2.71576157%
Arvin 19,991 $100,000 0.11759532%
Bakersfield 419,238 $640,692 0.75342426%
California City 13,317 $100,000 0.11759532%
Delano 52,831 $100,000 0.11759532%
Maricopa 1,024 $100,000 0.11759532%
McFarland 14,213 $100,000 0.11759532%
Ridgecrest 28,386 $100,000 0.11759532%
Shafter 23,455 $100,000 0.11759532%
Taft 7,087 $100,000 0.11759532%
Tehachapi 11,476 $100,000 0.11759532%
Wasco 26,235 $100,000 0.11759532%
Balance of County 306,708 $468,721 0.55119347%
Bear Valley Community Services Distri 0 $100,000 0.11759532% Stallion Springs Community Services D 0 $100,000 0.11759532% Kings 154,015 $500,000 0.58797660%
Avenal 13,315 $100,000 0.11759532%
Corcoran 21,612 $100,000 0.11759532%
Hanford 61,238 $100,000 0.11759532%
Lemoore 27,692 $100,000 0.11759532%
Balance of County 30,158 $100,000 0.11759532%
Lake 67,254 $300,000 0.35278596%
Clearlake 16,533 $100,000 0.11759532%
Lakeport 5,026 $100,000 0.11759532%
Balance of County 45,695 $100,000 0.11759532%
Lassen 28,716 $200,000 0.23519064%
Susanville 12,270 $100,000 0.11759532%
Balance of County 16,446 $100,000 0.11759532%
Los Angeles 9,876,811 $18,542,720 21.80536957%
Agoura Hills 19,904 $100,000 0.11759532%
Alhambra 82,374 $125,886 0.14803660%
Arcadia 56,116 $100,000 0.11759532%
Artesia 16,359 $100,000 0.11759532%
Avalon 3,383 $100,000 0.11759532%
Azusa 48,988 $100,000 0.11759532%
Baldwin Park 70,848 $108,272 0.12732291%
Bell 33,315 $100,000 0.11759532%
Bellflower 76,656 $117,148 0.13776063%
Bell Gardens 38,471 $100,000 0.11759532%
Beverly Hills 31,945 $100,000 0.11759532%
Bradbury 902 $100,000 0.11759532%
Burbank 106,146 $162,216 0.19075793%
Calabasas 22,797 $100,000 0.11759532%
Carson 91,812 $140,310 0.16499790%
Cerritos 47,871 $100,000 0.11759532%
Claremont 37,299 $100,000 0.11759532%
Commerce 12,146 $100,000 0.11759532%
Compton 93,692 $143,183 0.16837650%
Covina 51,090 $100,000 0.11759532%
Cudahy 22,132 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Culver City 40,403 $100,000 0.11759532%
Diamond Bar 53,539 $100,000 0.11759532%
Downey 111,871 $170,965 0.20104648%
Duarte 23,746 $100,000 0.11759532%
El Monte 107,986 $165,028 0.19406464%
El Segundo 16,983 $100,000 0.11759532%
Gardena 60,263 $100,000 0.11759532%
Glendale 192,212 $293,744 0.34542953%
Glendora 51,254 $100,000 0.11759532%
Hawaiian Gardens 13,561 $100,000 0.11759532%
Hawthorne 85,653 $130,898 0.15392939%
Hermosa Beach 19,014 $100,000 0.11759532%
Hidden Hills 1,746 $100,000 0.11759532%
Huntington Park 53,051 $100,000 0.11759532%
Industry 431 $100,000 0.11759532%
Inglewood 106,305 $162,459 0.19104367%
Irwindale 1,509 $100,000 0.11759532%
La Canada Flintridge 20,160 $100,000 0.11759532%
La Habra Heights 5,503 $100,000 0.11759532%
Lakewood 80,596 $123,169 0.14484131%
La Mirada 48,233 $100,000 0.11759532%
Lancaster 177,768 $271,671 0.31947181%
La Puente 37,546 $100,000 0.11759532%
La Verne 32,300 $100,000 0.11759532%
Lawndale 30,860 $100,000 0.11759532%
Lomita 20,407 $100,000 0.11759532%
Long Beach 462,561 $706,900 0.83128122%
Los Angeles 3,835,263 $5,861,167 6.89245647%
Lynwood 66,660 $101,872 0.11979654%
Malibu 10,604 $100,000 0.11759532%
Manhattan Beach 34,051 $100,000 0.11759532%
Maywood 24,496 $100,000 0.11759532%
Monrovia 38,920 $100,000 0.11759532%
Montebello 62,732 $100,000 0.11759532%
Monterey Park 59,269 $100,000 0.11759532%
Norwalk 101,075 $154,466 0.18164469%
Palmdale 167,097 $255,363 0.30029466%
Palos Verdes Estates 12,999 $100,000 0.11759532%
Paramount 52,371 $100,000 0.11759532%
Pasadena 140,631 $214,917 0.25273188%
Pico Rivera 60,858 $100,000 0.11759532%
Pomona 153,042 $233,883 0.27503603%
Rancho Palos Verdes 40,727 $100,000 0.11759532%
Redondo Beach 68,091 $104,059 0.12236823%
Rolling Hills 1,677 $100,000 0.11759532%
Rolling Hills Estates 8,545 $100,000 0.11759532%
Rosemead 50,501 $100,000 0.11759532%
San Dimas 34,209 $100,000 0.11759532%
San Fernando 23,692 $100,000 0.11759532%
San Gabriel 38,953 $100,000 0.11759532%
San Marino 12,330 $100,000 0.11759532%
Santa Clarita 232,377 $355,126 0.41761116%
Santa Fe Springs 18,680 $100,000 0.11759532%
Santa Monica 93,212 $142,449 0.16751387%
Sierra Madre 10,870 $100,000 0.11759532%
Signal Hill 11,421 $100,000 0.11759532%
South El Monte 19,535 $100,000 0.11759532%
South Gate 92,955 $142,057 0.16705201%
South Pasadena 26,287 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Temple City 36,322 $100,000 0.11759532%
Torrance 143,261 $218,936 0.25745832%
Vernon 207 $100,000 0.11759532%
Walnut 28,214 $100,000 0.11759532%
West Covina 109,428 $167,231 0.19665610%
West Hollywood 35,284 $100,000 0.11759532%
Westlake Village 7,918 $100,000 0.11759532%
Whittier 87,850 $134,255 0.15787768%
Balance of County 1,004,490 $1,535,092 1.80519689%
Madera 162,599 $319,847 0.37612473%
Chowchilla 18,742 $100,000 0.11759532%
Madera 66,443 $101,540 0.11940656%
Balance of County 77,414 $118,306 0.13912285%
Marin 254,550 $1,201,496 1.41290296%
Belvedere 2,058 $100,000 0.11759532%
Corte Madera 9,966 $100,000 0.11759532%
Fairfax 7,407 $100,000 0.11759532%
Larkspur 12,731 $100,000 0.11759532%
Mill Valley 13,688 $100,000 0.11759532%
Novato 51,690 $100,000 0.11759532%
Ross 2,309 $100,000 0.11759532%
San Anselmo 12,551 $100,000 0.11759532%
San Rafael 59,885 $100,000 0.11759532%
Sausalito 6,941 $100,000 0.11759532%
Tiburon 8,910 $100,000 0.11759532%
Balance of County 66,414 $101,496 0.11935444%
Mariposa 16,917 $100,000 0.11759532%
Mendocino 89,827 $500,000 0.58797660%
Fort Bragg 7,187 $100,000 0.11759532%
Point Arena 452 $100,000 0.11759532%
Ukiah 16,325 $100,000 0.11759532%
Willits 4,838 $100,000 0.11759532%
Balance of County 61,025 $100,000 0.11759532%
Merced 293,080 $784,477 0.92250834%
Atwater 31,862 $100,000 0.11759532%
Dos Palos 5,712 $100,000 0.11759532%
Gustine 6,021 $100,000 0.11759532%
Livingston 14,441 $100,000 0.11759532%
Los Banos 48,896 $100,000 0.11759532%
Merced 98,039 $149,826 0.17618861%
Balance of County 88,109 $134,651 0.15834313%
Modoc 8,491 $200,000 0.23519064%
Alturas 2,657 $100,000 0.11759532%
Balance of County 5,834 $100,000 0.11759532%
Mono 12,684 $200,000 0.23519064%
Mammoth Lakes 7,040 $100,000 0.11759532%
Balance of County 5,644 $100,000 0.11759532%
Monterey 438,831 $1,506,114 1.77111905%
Carmel-by-the-Sea 3,049 $100,000 0.11759532%
Del Rey Oaks 1,546 $100,000 0.11759532%
Gonzales 8,434 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Greenfield 20,785 $100,000 0.11759532%
King City 14,344 $100,000 0.11759532%
Marina 23,086 $100,000 0.11759532%
Monterey 27,273 $100,000 0.11759532%
Pacific Grove 14,871 $100,000 0.11759532%
Salinas 160,645 $245,503 0.28869959%
Sand City 373 $100,000 0.11759532%
Seaside 32,019 $100,000 0.11759532%
Soledad 27,310 $100,000 0.11759532%
Balance of County 105,096 $160,611 0.18887094%
Napa 136,124 $618,799 0.72767813%
American Canyon 22,396 $100,000 0.11759532%
Calistoga 5,160 $100,000 0.11759532%
Napa 77,736 $118,799 0.13970153%
St Helena 5,349 $100,000 0.11759532%
Yountville 2,638 $100,000 0.11759532%
Balance of County 22,845 $100,000 0.11759532%
Nevada 100,354 $401,973 0.47270111%
Grass Valley 13,364 $100,000 0.11759532%
Nevada City 3,336 $100,000 0.11759532%
Truckee 16,928 $100,000 0.11759532%
Balance of County 66,726 $101,973 0.11991515%
Orange 3,175,427 $5,637,270 6.62916550%
Aliso Viejo 50,213 $100,000 0.11759532%
Anaheim 341,773 $522,308 0.61420975%
Brea 47,900 $100,000 0.11759532%
Buena Park 82,667 $126,334 0.14856316%
Costa Mesa 110,321 $168,596 0.19826093%
Cypress 49,499 $100,000 0.11759532%
Dana Point 32,730 $100,000 0.11759532%
Fountain Valley 56,560 $100,000 0.11759532%
Fullerton 141,469 $216,197 0.25423787%
Garden Grove 171,492 $262,079 0.30819304%
Huntington Beach 193,134 $295,153 0.34708648%
Irvine 318,629 $486,939 0.57261703%
Laguna Beach 22,763 $100,000 0.11759532%
Laguna Hills 30,309 $100,000 0.11759532%
Laguna Niguel 65,257 $100,000 0.11759532%
Laguna Woods 17,183 $100,000 0.11759532%
La Habra 61,202 $100,000 0.11759532%
Lake Forest 87,639 $133,933 0.15749848%
La Palma 15,110 $100,000 0.11759532%
Los Alamitos 12,006 $100,000 0.11759532%
Mission Viejo 91,740 $140,200 0.16486850%
Newport Beach 82,654 $126,314 0.14853980%
Orange 139,724 $213,531 0.25110188%
Placentia 53,982 $100,000 0.11759532%
Rancho Santa Margarita 46,341 $100,000 0.11759532%
San Clemente 62,865 $100,000 0.11759532%
San Juan Capistrano 35,329 $100,000 0.11759532%
Santa Ana 315,325 $481,889 0.56667932%
Seal Beach 24,400 $100,000 0.11759532%
Stanton 40,552 $100,000 0.11759532%
Tustin 79,326 $121,228 0.14255896%
Villa Park 5,738 $100,000 0.11759532%
Westminster 90,295 $137,992 0.16227165%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Yorba Linda 66,267 $101,271 0.11909027%
Balance of County 133,033 $203,305 0.23907730%
Placer 421,446 $927,171 1.09030949%
Auburn 13,286 $100,000 0.11759532%
Colfax 1,996 $100,000 0.11759532%
Lincoln 54,520 $100,000 0.11759532%
Loomis 6,689 $100,000 0.11759532%
Rocklin 73,172 $111,824 0.13149943%
Roseville 158,494 $242,215 0.28483397%
Balance of County 113,289 $173,132 0.20359481%
Plumas 18,885 $200,000 0.23519064%
Portola 2,098 $100,000 0.11759532%
Balance of County 16,787 $100,000 0.11759532%
Riverside 2,495,640 $4,599,559 5.40886644%
Banning 31,949 $100,000 0.11759532%
Beaumont 59,708 $100,000 0.11759532%
Blythe 15,400 $100,000 0.11759532%
Calimesa 10,994 $100,000 0.11759532%
Canyon Lake 11,004 $100,000 0.11759532%
Cathedral City 51,651 $100,000 0.11759532%
Coachella 44,384 $100,000 0.11759532%
Corona 159,157 $243,229 0.28602547%
Desert Hot Springs 33,262 $100,000 0.11759532%
Eastvale 69,799 $106,669 0.12543772%
Hemet 91,934 $140,496 0.16521715%
Indian Wells 4,862 $100,000 0.11759532%
Indio 92,539 $141,421 0.16630441%
Jurupa Valley 105,928 $161,882 0.19036615%
Lake Elsinore 73,783 $112,757 0.13259748%
La Quinta 38,796 $100,000 0.11759532%
Menifee 115,316 $176,229 0.20723759%
Moreno Valley 210,823 $322,186 0.37887587%
Murrieta 111,789 $170,839 0.20089912%
Norco 25,221 $100,000 0.11759532%
Palm Desert 51,980 $100,000 0.11759532%
Palm Springs 44,476 $100,000 0.11759532%
Perris 81,240 $124,153 0.14599866%
Rancho Mirage 17,120 $100,000 0.11759532%
Riverside 320,337 $489,549 0.57568652%
San Jacinto 54,990 $100,000 0.11759532%
Temecula 112,220 $171,498 0.20167368%
Wildomar 37,077 $100,000 0.11759532%
Balance of County 417,901 $638,649 0.75102150%
Sacramento 1,604,745 $2,611,378 3.07085881%
Citrus Heights 86,280 $131,856 0.15505619%
Elk Grove 182,842 $279,425 0.32859044%
Folsom 92,577 $141,479 0.16637270%
Galt 26,092 $100,000 0.11759532%
Isleton 764 $100,000 0.11759532%
Rancho Cordova 85,451 $130,589 0.15356637%
Sacramento 527,979 $806,874 0.94884573%
Balance of County 602,760 $921,156 1.08323674%
San Benito 66,822 $300,000 0.35278596%
Hollister 43,492 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
San Juan Bautista 2,078 $100,000 0.11759532%
Balance of County 21,252 $100,000 0.11759532%
San Bernardino 2,207,424 $4,025,057 4.73327831%
Adelanto 37,150 $100,000 0.11759532%
Apple Valley 75,262 $115,018 0.13525543%
Barstow 24,811 $100,000 0.11759532%
Big Bear Lake 4,953 $100,000 0.11759532%
Chino 95,206 $145,497 0.17109735%
Chino Hills 77,314 $118,154 0.13894314%
Colton 53,278 $100,000 0.11759532%
Fontana 219,172 $334,945 0.39388009%
Grand Terrace 12,803 $100,000 0.11759532%
Hesperia 101,792 $155,562 0.18293323%
Highland 57,088 $100,000 0.11759532%
Loma Linda 25,322 $100,000 0.11759532%
Montclair 37,526 $100,000 0.11759532%
Needles 4,791 $100,000 0.11759532%
Ontario 184,404 $281,812 0.33139755%
Rancho Cucamonga 175,992 $268,956 0.31628011%
Redlands 73,488 $112,307 0.13206733%
Rialto 105,565 $161,328 0.18971379%
San Bernardino 222,727 $340,378 0.40026888%
Twentynine Palms 24,257 $100,000 0.11759532%
Upland 79,140 $120,944 0.14222469%
Victorville 141,013 $215,500 0.25341838%
Yucaipa 54,838 $100,000 0.11759532%
Yucca Valley 22,027 $100,000 0.11759532%
Balance of County 297,505 $454,656 0.53465450%
San Diego 3,330,139 $5,499,547 6.46720959%
Carlsbad 116,368 $177,837 0.20912817%
Chula Vista 281,401 $430,046 0.50571356%
Coronado 22,610 $100,000 0.11759532%
Del Mar 3,950 $100,000 0.11759532%
El Cajon 104,932 $160,360 0.18857621%
Encinitas 61,956 $100,000 0.11759532%
Escondido 150,425 $229,884 0.27033295%
Imperial Beach 26,369 $100,000 0.11759532%
La Mesa 60,908 $100,000 0.11759532%
Lemon Grove 28,163 $100,000 0.11759532%
National City 58,965 $100,000 0.11759532%
Oceanside 174,340 $266,432 0.31331126%
Poway 50,379 $100,000 0.11759532%
San Diego 1,408,937 $2,153,181 2.53203983%
San Marcos 97,123 $148,426 0.17454244%
Santee 59,568 $100,000 0.11759532%
Solana Beach 12,986 $100,000 0.11759532%
Vista 101,599 $155,267 0.18258639%
Balance of County 509,160 $778,114 0.91502558%
San Francisco 842,027 $1,286,812 1.51323012%
San Joaquin 805,856 $1,493,419 1.75619027%
Escalon 7,232 $100,000 0.11759532%
Lathrop 38,596 $100,000 0.11759532%
Lodi 67,093 $102,534 0.12057469%
Manteca 93,733 $143,246 0.16845018%
Mountain House 28,795 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Ripon 15,753 $100,000 0.11759532%
Stockton 320,877 $490,374 0.57665697%
Tracy 98,215 $150,095 0.17650491%
Balance of County 135,562 $207,170 0.24362224%
San Luis Obispo 279,337 $883,508 1.03896455%
Arroyo Grande 17,910 $100,000 0.11759532%
Atascadero 30,134 $100,000 0.11759532%
El Paso de Robles 31,061 $100,000 0.11759532%
Grover Beach 12,411 $100,000 0.11759532%
Morro Bay 10,404 $100,000 0.11759532%
Pismo Beach 7,804 $100,000 0.11759532%
San Luis Obispo 49,534 $100,000 0.11759532%
Balance of County 120,079 $183,508 0.21579731%
San Mateo 748,337 $2,340,960 2.75285972%
Atherton 7,007 $100,000 0.11759532%
Belmont 28,206 $100,000 0.11759532%
Brisbane 4,676 $100,000 0.11759532%
Burlingame 31,552 $100,000 0.11759532%
Colma 1,411 $100,000 0.11759532%
Daly City 102,155 $156,116 0.18358559%
East Palo Alto 29,133 $100,000 0.11759532%
Foster City 32,658 $100,000 0.11759532%
Half Moon Bay 11,303 $100,000 0.11759532%
Hillsborough 11,254 $100,000 0.11759532%
Menlo Park 33,311 $100,000 0.11759532%
Millbrae 23,164 $100,000 0.11759532%
Pacifica 37,217 $100,000 0.11759532%
Portola Valley 4,285 $100,000 0.11759532%
Redwood City 82,073 $125,426 0.14749567%
San Bruno 42,631 $100,000 0.11759532%
San Carlos 29,535 $100,000 0.11759532%
San Mateo 104,315 $159,417 0.18746738%
South San Francisco 65,397 $100,000 0.11759532%
Woodside 5,206 $100,000 0.11759532%
Balance of County 61,848 $100,000 0.11759532%
Broadmoor Police Protection District 0 $100,000 0.11759532% Santa Barbara 447,132 $1,117,350 1.31395178%
Buellton 5,091 $100,000 0.11759532%
Carpinteria 12,735 $100,000 0.11759532%
Goleta 32,747 $100,000 0.11759532%
Guadalupe 8,851 $100,000 0.11759532%
Lompoc 43,424 $100,000 0.11759532%
Santa Barbara 86,451 $132,117 0.15536349%
Santa Maria 112,208 $171,480 0.20165211%
Solvang 5,755 $100,000 0.11759532%
Balance of County 139,870 $213,754 0.25136426%
Santa Clara 1,922,259 $3,348,184 3.93730807%
Campbell 43,281 $100,000 0.11759532%
Cupertino 59,831 $100,000 0.11759532%
Gilroy 62,205 $100,000 0.11759532%
Los Altos 31,720 $100,000 0.11759532%
Los Altos Hills 8,548 $100,000 0.11759532%
Los Gatos 33,355 $100,000 0.11759532%
Milpitas 81,915 $125,185 0.14721172%
Monte Sereno 3,637 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Morgan Hill 46,599 $100,000 0.11759532%
Mountain View 86,513 $132,212 0.15547492%
Palo Alto 68,794 $105,133 0.12363161%
San Jose 979,415 $1,496,772 1.76013391%
Santa Clara 134,587 $205,680 0.24187004%
Saratoga 31,110 $100,000 0.11759532%
Sunnyvale 159,673 $244,017 0.28695278%
Balance of County 91,076 $139,185 0.16367521%
Santa Cruz 263,710 $595,821 0.70065805%
Capitola 9,670 $100,000 0.11759532%
Santa Cruz 62,972 $100,000 0.11759532%
Scotts Valley 11,831 $100,000 0.11759532%
Watsonville 51,101 $100,000 0.11759532%
Balance of County 128,136 $195,821 0.23027677%
Shasta 180,201 $443,143 0.52111547%
Anderson 10,967 $100,000 0.11759532%
Redding 93,534 $142,942 0.16809255%
Shasta Lake 10,133 $100,000 0.11759532%
Balance of County 65,567 $100,202 0.11783228%
Sierra 3,170 $200,000 0.23519064%
Loyalton 730 $100,000 0.11759532%
Balance of County 2,440 $100,000 0.11759532%
Siskiyou 43,311 $1,100,000 1.29354852%
Dorris 830 $100,000 0.11759532%
Dunsmuir 1,628 $100,000 0.11759532%
Etna 662 $100,000 0.11759532%
Fort Jones 663 $100,000 0.11759532%
Montague 1,195 $100,000 0.11759532%
Mount Shasta 3,179 $100,000 0.11759532%
Tulelake 851 $100,000 0.11759532%
Weed 2,716 $100,000 0.11759532%
Yreka 7,879 $100,000 0.11759532%
Balance of County 23,708 $100,000 0.11759532%
Lake Shastina Community Services Dis 0 $100,000 0.11759532% Solano 449,839 $1,028,933 1.20997690%
Benicia 26,195 $100,000 0.11759532%
Dixon 20,174 $100,000 0.11759532%
Fairfield 120,720 $184,488 0.21694927%
Rio Vista 10,338 $100,000 0.11759532%
Suisun City 29,036 $100,000 0.11759532%
Vacaville 103,181 $157,684 0.18542944%
Vallejo 122,207 $186,760 0.21962159%
Balance of County 17,988 $100,000 0.11759532%
Sonoma 482,848 $1,272,610 1.49652972%
Cloverdale 8,678 $100,000 0.11759532%
Cotati 7,290 $100,000 0.11759532%
Healdsburg 10,972 $100,000 0.11759532%
Petaluma 59,094 $100,000 0.11759532%
Rohnert Park 44,062 $100,000 0.11759532%
Santa Rosa 178,452 $272,716 0.32070105%
Sebastopol 7,367 $100,000 0.11759532%
Sonoma 10,507 $100,000 0.11759532%
Windsor 25,625 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Balance of County 130,801 $199,894 0.23506611%
Stanislaus 555,765 $1,313,945 1.54513817%
Ceres 49,305 $100,000 0.11759532%
Hughson 7,977 $100,000 0.11759532%
Modesto 219,765 $335,852 0.39494579%
Newman 12,389 $100,000 0.11759532%
Oakdale 23,231 $100,000 0.11759532%
Patterson 25,868 $100,000 0.11759532%
Riverbank 26,090 $100,000 0.11759532%
Turlock 72,219 $110,367 0.12978677%
Waterford 9,169 $100,000 0.11759532%
Balance of County 109,752 $167,726 0.19723837%
Sutter 100,257 $307,668 0.36180368%
Live Oak 9,658 $100,000 0.11759532%
Yuba City 70,453 $107,668 0.12661304%
Balance of County 20,146 $100,000 0.11759532%
Tehama 64,827 $400,000 0.47038128%
Corning 8,268 $100,000 0.11759532%
Red Bluff 14,466 $100,000 0.11759532%
Tehama 428 $100,000 0.11759532%
Balance of County 41,665 $100,000 0.11759532%
Trinity 15,884 $100,000 0.11759532%
Tulare 487,209 $1,144,366 1.34572142%
Dinuba 26,025 $100,000 0.11759532%
Exeter 10,233 $100,000 0.11759532%
Farmersville 10,392 $100,000 0.11759532%
Lindsay 12,725 $100,000 0.11759532%
Porterville 63,622 $100,000 0.11759532%
Tulare 73,002 $111,564 0.13119392%
Visalia 146,978 $224,616 0.26413825%
Woodlake 8,005 $100,000 0.11759532%
Balance of County 136,227 $208,186 0.24481733%
Tuolumne 54,357 $200,000 0.23519064%
Sonora 5,116 $100,000 0.11759532%
Balance of County 49,241 $100,000 0.11759532%
Ventura 829,005 $1,595,987 1.87680656%
Camarillo 68,927 $105,336 0.12387063%
Fillmore 17,035 $100,000 0.11759532%
Moorpark 34,754 $100,000 0.11759532%
Ojai 7,559 $100,000 0.11759532%
Oxnard 198,733 $303,710 0.35714860%
Port Hueneme 20,838 $100,000 0.11759532%
San Buenaventura 108,985 $166,554 0.19585997%
Santa Paula 31,658 $100,000 0.11759532%
Simi Valley 124,815 $190,746 0.22430850%
Thousand Oaks 122,468 $187,159 0.22009065%
Balance of County 93,233 $142,482 0.16755161%
Yolo 225,433 $500,000 0.58797660%
Davis 65,423 $100,000 0.11759532%
West Sacramento 55,403 $100,000 0.11759532%
Winters 8,021 $100,000 0.11759532%
2025-26 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2025-26
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2025
Projected Allocations by
City/County
Percent of Allocation by
City/County
Woodland 61,623 $100,000 0.11759532%
Balance of County 34,963 $100,000 0.11759532%
Yuba 85,023 $304,369 0.35792368%
Marysville 12,717 $100,000 0.11759532%
Wheatland 4,012 $100,000 0.11759532%
Balance of County 68,294 $104,369 0.12273304%
CALIFORNIA TOTAL 39,529,101 $85,037,400 100.00000000%
CALIFORNIA CITY TOTAL 33,188,202 $73,399,455 86.31432129% RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF CITIZENS’ OPTION FOR PUBLIC
SAFETY (COPS) FUNDS FROM THE STATE OF CALIFORNIA
WHEREAS, the State of California has appropriated monies for the Citizens’ Option for Public Safety (COPS) program and for juvenile justice programs specified pursuant to the Juvenile Justice Crime Prevention Act (JJCPA); and
WHEREAS, the State Controller is required to allocate the COPS and JJCPA funds to each county that has established a Supplemental Law Enforcement Services Fund (SLESF); and WHEREAS, the County of Tulare has established a Supplemental Law Enforcement Services Fund; and
WHEREAS, State law requires the County Auditor to allocate a certain percentage of the monies received from the State Controller to the cities within the county in accordance with the relative population of the cities; and
WHEREAS, the City of Tulare is entitled to $111,564.00 for frontline law enforcement purposes; and
WHEREAS, the Tulare Police Chief has submitted to the City Council a request that the funds, which the City will receive under the allocation, be used to supplement one police officer position; and WHEREAS, the Fiscal Year 2026 Budget included the anticipation of using the COPS funds as part of the Police Department’s budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City of Tulare hereby accepts the allocation of $109,333 from the State of California Citizens’ Option for Public Safety (COPS) Program funds and the City Manager, or designee, is hereby authorized to execute all necessary documents pertinent to such grant.
Section 2. The funds which the City will receive are hereby appropriated towards the salary and benefits of one police officer position.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 4th day of November 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
Resolution 2025-XX
By Melissa Wilcox, Chief Deputy City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Information Technology Services
Submitted by: Jason Bowling, Deputy City Manager/Chief Technology Officer Agenda Title: Fiscal Year 2026 PC Replacement
RECOMMENDED ACTION
Award the purchase of 66 desktops and 10 laptops for use across all departments to Dell Inc. using the State of California NASPO contract for a total of $98,466.01; and authorize a 5% contingency for maximum purchase price of $103,389.32.
SUMMARY
The City of Tulare replaces computers annually on a 7-year cycle. The replacement count is based on the age of existing computers. All computers being replaced are between 6 and 7 years old and are at the end of their useful life and need to be replaced. Additionally, 10 laptops are being added to be used as training/check-out computers. These will be used when training needs to be held in a conference room, or a department needs to borrow a laptop for a short period of time. Historically we have used older laptops for this purpose, however due to hardware requirements from Microsoft to run the current version of windows, existing older laptops are not able to be used. A 5% contingency is being requested because tariffs are continuing to change and can unexpectedly impact pricing.
Dell hardware will be procured under the State of California NASPO (National Association of State Procurements Officials) Contract # 23026 / 7-23-70-55-01. This is a cooperative purchasing agreement that is available to cities, counties and special districts.
FISCAL IMPACT & FUNDING SOURCES
Funds have been appropriated and are available in Fund 607 Equipment Replacement Fund.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest
LEGAL REVIEW
This item does not require review by the City Attorney’s Office.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Dell quote cover sheet
Reviewed/Approved: TG
Item #: 10.7
Consent
Your quote is ready for purchase.
Complete the purchase of your personalized quote through our secure online checkout before the quote expires on Nov. 23, 2025.
You can download a copy of this quote during checkout.
Place your order
Quote Name:
FY 26 PC Replacements
(Plus Models)
Quote No. 3000195673905.1
Total $98,466.01
Customer # 5487355
Quoted On Oct. 24, 2025
Expires by Nov. 23, 2025
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000001115143
Customer Agreement # 23026 / 7-23-70-55-01
Deal ID 28667721
Sales Rep Stephanie Bryce
Phone 1(800) 4563355, 6186157
Email [email protected]
Billing To ACCOUNTS PAYABLE
CITY OF TULARE
411 E KERN AVE
STE F
TULARE, CA 93274-4257
Message from your Sales Rep
Please use the Order button to securely place the order with your preferred payment method online. You may contact your Dell sales team if you have any questions. Thank you for shopping with Dell.
Regards, Stephanie Bryce
Shipping Group
Shipping To
KEN WALES
CITY OF TULARE
411 E KERN AVE
TULARE, CA 93274
(559) 684-4228
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Pro 16 Plus PB16250 $1,207.34 10 $12,073.40
Dell Pro Slim Plus QBS1250 $1,207.84 60 $72,470.40
Dell Pro Slim Plus QBS1250 $1,358.34 6 $8,150.04
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$92,693.84
$0.00
$50.00
$23,384.60
$69,359.24
$5,722.17
$98,466.01
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: CIP Project ST0007 – Annual Transportation Maintenance
RECOMMENDED ACTION
Approve the revised project sheet and budget for CIP Project ST0007 – Annual Transportation Maintenance; and approve the appropriation of additional Gas Tax funding in the amounts of $253,000.47 for fiscal years 2026 thru 2028, and $220,904.07 for fiscal years 2029 and 2030.
SUMMARY
An error was made on the Project Sheet for Project ST0007 – Annual Transportation Maintenance during the preparation of the 5-Year Capital Improvement Program for fiscal years 2026 thru 2030. Per City Administration Policy No. EN-04, “Transportation System Planning Policy”, a minimum of $47,000 is to be budgeted annually for the maintenance of striping on the City’s roadway system. Due to the specialized equipment required, this work is performed by a private contractor operating under contract.
The actual annual cost of these services under the current contract is $300,000. When preparing the project sheet for Project ST0007 that was used to develop the 5-Year CIP, the Engineering Department incorrectly input the minimum funding per policy rather than the actual contract costs. This error must be corrected in order for the City to process invoices and make payments for services that have been provided for the current fiscal year.
FISCAL IMPACT & FUNDING SOURCES
Project ST0007 is funded through the following sources:
• Fund 300 – Gas Taxes Fund
• Fund 301 – Measure R Fund
• Fund 400 – General CIP Fund
Additional funding required per the revised project sheet would be:
• $253,000.47 for fiscal years 2026 thru 2028, and
• $220,904.07 for fiscal years 2029 and 2030
It is proposed that the additional funding come from Fund 300 – Gas Taxes Fund to avoid impacts to the general fund.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA)
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Staff would incorporate changes directed by Council.
Item #: 10.8
Consent
2. Deny – Revision of the 5-Year CIP is required to provide the funding appropriation necessary for the Finance Department to process pending invoices.
3. Table – Tabling the item could result in delayed payment to the City’s striping contractor, and failure on the part of the City to comply with contract provisions.
ATTACHMENTS
1. Revised Project Sheet for CIP Project ST0007
Reviewed/Approved: TG
PROJECT MANAGER:
PROJECT DESCRIPTION & PURPOSE:
KEY POINTS:
PROJECT STATUS:
PROJECTED START DATE:
PROJECTED END DATE:
FUTURE M & O:
(Additional Cost & Department
Responsibility)
CRITERIA (1-8):
2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
216 - 2015/2016 Capital Project $482,578.61 $0.00 $0.00 $0.00 $0.00 $0.00 $482,578.61 217 - 2016/2017 Capital Project $158,971.33 $0.00 $0.00 $0.00 $0.00 $0.00 $158,971.33 218 - 2017/2018 Capital Project $742,938.21 $0.00 $0.00 $0.00 $0.00 $0.00 $742,938.21 219 - 2018/2019 Capital Project $88,661.98 $0.00 $0.00 $0.00 $0.00 $0.00 $88,661.98 220 - 2019/2020 Capital Project $112,603.40 $0.00 $0.00 $0.00 $0.00 $0.00 $112,603.40 221 - 2020/2021 Capital Project $412,385.42 $0.00 $0.00 $0.00 $0.00 $0.00 $412,385.42 222 - 2021/2022 Capital Project $184,656.63 $0.00 $0.00 $0.00 $0.00 $0.00 $184,656.63 223 - 2022/2023 Capital Project $255,292.00 $0.00 $0.00 $0.00 $0.00 $0.00 $255,292.00 224 - 2023/2024 Capital Project $630,271.28 $0.00 $0.00 $0.00 $0.00 $0.00 $630,271.28 225 - 2024/2025 Capital Project $197,625.33 $0.00 $0.00 $0.00 $0.00 $0.00 $197,625.33 Costs Description Unfunded
Prior Fiscal
Years
Future Fiscal Years
Total
Ongoing
7/1/2015
6/30/2030
N/A
Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.
This annual project contributes to maintaing the transportation system throughout the 2025 - 2030 CIP Transportation
PROJECT #: ST0007
Annual Transportation - Maintenance
(Operations)
(Maintenance & Repair)
District(s): All
Gonzalo Ramirez
Annual Transportation Maintenance Program to address transportation maintenance and operations such as traffic safety, signal maintenance, roadway lighting, roadway striping, 127
226 - 2025/2026 Capital Project $0.00 $671,500.00 $0.00 $0.00 $0.00 $0.00 $671,500.00 0001 - City Concrete-City Facilities
0600 - Construction/Labor & Materials $0.00 $71,000.00
0992 - Streets Time $0.00 $0.00
0002 - Concrete City Right-of-Way
0600 - Construction/Labor & Materials $0.00 $32,000.00
0992 - Streets Time $0.00 $0.00
0003 - City Crosswalks $0.00
0600 - Construction/Labor & Materials $0.00 $30,500.00
0992 - Streets Time $0.00 $0.00
0004 - City Striping-Annual Contract
0600 - Construction/Labor & Materials $0.00 $300,000.00 0992 - Streets Time $0.00 $0.00
0005 - Non-School Bike/Ped
0600 - Construction/Labor & Materials $0.00 $39,500.00
0992 - Streets Time $0.00 $0.00
0006 - Roadway Lighting
0600 - Construction/Labor & Materials $0.00 $30,000.00
0992 - Streets Time $0.00 $0.00
0007 - Sign Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0008 - Signal Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0009 - Urgency Items
0600 - Construction/Labor & Materials $0.00 $50,000.00
0992 - Streets Time $0.00 $0.00
0010 - Non-conforming Design
0600 - Construction/Labor & Materials $0.00 $38,500.00
0992 - Streets Time $0.00 $0.00
227 - 2026/2027 Capital Project $0.00 $0.00 $671,500.00 $0.00 $0.00 $0.00 $671,500.00 0001 - City Concrete-City Facilities
0600 - Construction/Labor & Materials $0.00 $71,000.00
0992 - Streets Time $0.00 $0.00
0002 - Concrete City Right-of-Way
0600 - Construction/Labor & Materials $0.00 $32,000.00
0992 - Streets Time $0.00 $0.00
0003 - City Crosswalks
0600 - Construction/Labor & Materials $0.00 $30,500.00
0992 - Streets Time $0.00 $0.00
0004 - City Striping-Annual Contract
0600 - Construction/Labor & Materials $0.00 $300,000.00 0992 - Streets Time $0.00 $0.00
0005 - Non-School Bike/Ped $0.00
0600 - Construction/Labor & Materials $0.00 $39,500.00
0992 - Streets Time $0.00 $0.00
0006 - Roadway Lighting $0.00
0600 - Construction/Labor & Materials $0.00 $30,000.00
0992 - Streets Time $0.00 $0.00
0007 - Sign Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
128
0008 - Signal Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0009 - Urgency Items
0600 - Construction/Labor & Materials $0.00 $50,000.00
0992 - Streets Time $0.00 $0.00
0010 - Non-conforming Design
0600 - Construction/Labor & Materials $0.00 $38,500.00
0992 - Streets Time $0.00 $0.00
228 - 2027/2028 Capital Project $0.00 $0.00 $0.00 $671,500.00 $0.00 $0.00 $671,500.00 0001 - City Concrete-City Facilities
0600 - Construction/Labor & Materials $0.00 $71,000.00
0992 - Streets Time $0.00 $0.00
0002 - Concrete City Right-of-Way
0600 - Construction/Labor & Materials $0.00 $32,000.00
0992 - Streets Time $0.00 $0.00
0003 - City Crosswalks
0600 - Construction/Labor & Materials $0.00 $30,500.00
0992 - Streets Time $0.00 $0.00
0004 - City Striping-Annual Contract
0600 - Construction/Labor & Materials $0.00 $300,000.00 0992 - Streets Time $0.00 $0.00
0005 - Non-School Bike/Ped
0600 - Construction/Labor & Materials $0.00 $39,500.00
0992 - Streets Time $0.00 $0.00
0006 - Roadway Lighting
0600 - Construction/Labor & Materials $0.00 $30,000.00
0992 - Streets Time $0.00 $0.00
0007 - Sign Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0008 - Signal Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0009 - Urgency Items
0600 - Construction/Labor & Materials $0.00 $50,000.00
0992 - Streets Time $0.00 $0.00
0010 - Non-conforming Design
0600 - Construction/Labor & Materials $0.00 $38,500.00
0992 - Streets Time $0.00 $0.00
229 - 2028/2029 Capital Project $0.00 $0.00 $0.00 $0.00 $671,500.00 $0.00 $671,500.00 0001 - City Concrete-City Facilities
0600 - Construction/Labor & Materials $0.00 $71,000.00
0992 - Streets Time $0.00 $0.00
0002 - Concrete City Right-of-Way
0600 - Construction/Labor & Materials $0.00 $32,000.00
0992 - Streets Time $0.00 $0.00
0003 - City Crosswalks
0600 - Construction/Labor & Materials $0.00 $30,500.00
0992 - Streets Time $0.00 $0.00
0004 - City Striping-Annual Contract
0600 - Construction/Labor & Materials $0.00 $300,000.00 0992 - Streets Time $0.00 $0.00
129
0005 - Non-School Bike/Ped
0600 - Construction/Labor & Materials $0.00 $39,500.00
0992 - Streets Time $0.00 $0.00
0006 - Roadway Lighting
0600 - Construction/Labor & Materials $0.00 $30,000.00
0992 - Streets Time $0.00 $0.00
0007 - Sign Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0008 - Signal Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0009 - Urgency Items
0600 - Construction/Labor & Materials $0.00 $50,000.00
0992 - Streets Time $0.00 $0.00
0010 - Non-conforming Design
0600 - Construction/Labor & Materials $0.00 $38,500.00
0992 - Streets Time $0.00 $0.00
230 - 2029/2030 Capital Project $0.00 $0.00 $0.00 $0.00 $0.00 $671,500.00 $671,500.00 0001 - City Concrete-City Facilities
0600 - Construction/Labor & Materials $0.00 $71,000.00
0992 - Streets Time $0.00 $0.00
0002 - Concrete City Right-of-Way
0600 - Construction/Labor & Materials $0.00 $32,000.00
0992 - Streets Time $0.00 $0.00
0003 - City Crosswalks
0600 - Construction/Labor & Materials $0.00 $30,500.00
0992 - Streets Time $0.00 $0.00
0004 - City Striping-Annual Contract
0600 - Construction/Labor & Materials $0.00 $300,000.00 0992 - Streets Time $0.00 $0.00
0005 - Non-School Bike/Ped
0600 - Construction/Labor & Materials $0.00 $39,500.00
0992 - Streets Time $0.00 $0.00
0006 - Roadway Lighting
0600 - Construction/Labor & Materials $0.00 $30,000.00
0992 - Streets Time $0.00 $0.00
0007 - Sign Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0008 - Signal Maintenance
0600 - Construction/Labor & Materials $0.00 $40,000.00
0992 - Streets Time $0.00 $0.00
0009 - Urgency Items
0600 - Construction/Labor & Materials $0.00 $50,000.00
0992 - Streets Time $0.00 $0.00
0010 - Non-conforming Design
0600 - Construction/Labor & Materials $0.00 $38,500.00
0992 - Streets Time $0.00 $0.00
Total Costs: $3,265,984.19 $671,500.00 $671,500.00 $671,500.00 $671,500.00 $671,500.00 $6,623,484.19 $0.00 130
2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
Fund 001 - General Fund Operations $1,346,804.64 $0.00 $0.00 $0.00 $0.00 $0.00 $1,346,804.64 $0.00 Fund 300 - Gas Taxes $1,161,522.61 $421,760.00 $421,760.00 $421,760.00 $336,760.00 $336,760.00 $3,100,322.61 $0.00 Fund 301 - Measure R $247,218.15 $0.00 $0.00 $0.00 $85,000.00 $85,000.00 $417,218.15 $0.00 Fund 400 - General CIP Fund $510,438.78 $249,740.00 $249,740.00 $249,740.00 $249,740.00 $249,740.00 $1,759,138.78 $0.00 Total Funding: $3,265,984.19 $671,500.00 $671,500.00 $671,500.00 $671,500.00 $671,500.00 $6,623,484.19 $0.00 G/L #'s:
$40,000 for ST0007-0007 (Sign Maintenance) from renewable revenues for streets $40,000 for ST0007-0008 (Signal Maintenance) from renewable revenues for streets $50,000 for ST0007-0009 (Urgency Items) from renewable revenues for streets streets
643-4643-2014
Notes: Revised 11/04/25. Annual project approved by TMT on 03/22/19. Measure R unavailable for 3 years due to advance for EN0097. Per Administrative Policy No. EN-04, "Transportation System Planning Policy", minimum annual allocations shall be as follows:
$71,000 for ST0007-0001 (Concrete Repair-City Facilities) $32,000 for ST0007-0002 (Concrete Repair-Right of Way) from General Fund plus funds recovered from property owners to facilitate repairs to public sidewalk and/or curb & gutter $30,500 for ST0007-003 (City Crosswalks) from renewable revenues for streets $47,000 (use actual contract costs) for ST0007-0004 (Citywide Striping and Contracts) from renewable revenues for streets
$39,500 for ST0007-0005 (Non-school Bike/Ped) from renewable revenues for streets $30,000 for ST0007-0006 (Roadway Lighting) from renewable revenues for streets Funding Sources
Prior Fiscal
Years
Future Fiscal Years
Total Unfunded
131
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Right-of-Way Services for EN0105 Hwy 99 Widening Utility Relocations
RECOMMENDED ACTION
Award and Authorize the City Manager to sign a contract related to City Project EN0105 – Hwy 99 Widening Utility Relocations with Paragon of Cypress, CA for right-of-way services in the amount of $15,550; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($1,555) of the contract award amount; and approve the revised project sheet.
SUMMARY
As part of the Caltrans State Route 99 6-lane Widening and Paige Avenue Interchange Improvement Project, Caltrans will be constructing pedestrian improvements along the south side of Paige Avenue between K Street and Blackstone Street. Currently, there is insufficient right-of-way to construct City standard improvements at the southeast corner of Paige Avenue and K Street. The existing corner has traffic signal equipment and a private fence that would prevent the installation of an ADA-compliant path of travel. The traffic signal equipment at this corner is also frequently damaged by trucks making a northbound right-turn onto Paige Avenue. Obtaining the right-of-way necessary for the ultimate build-out of Paige Avenue and K Street across the property located at the southeast corner of the intersection would allow for Caltrans to install a City standard ramped curb return, as well as provide the right-of-way necessary for future widening of both roadways to their ultimate configuration with associated traffic signal modifications.
It will be necessary to conduct a survey of the subject property and prepare legal descriptions and exhibits for any proposed right-of-way acquisition. Upon completion of the surveying tasks, it will be necessary to obtain title reports, prepare an appraisal, develop an offer package, negotiate with property owners, and manage the opening and closing of escrow. Paragon of Cypress, CA is included on the list of prequalified, on-call consultants for providing right-of-way services. They have provided a proposal that demonstrates that they and their subconsultant team possess the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing work on this project. Paragon has reviewed the scope of services required and proposes to perform the necessary services on a time-andmaterials basis, not to exceed $15,550.00, in accordance with the provisions of their on-call contract.
This amount aligns with industry standards and what the City has experienced on projects with similar scopes of work.
The 5-Year Capital Improvement Program adopted by Council for fiscal years 2025/26 thru 2029/2030 included tentative project EN2025-03 – Hwy 99 Widening Utility Relocations, with a budget of $160,000 for professional services associated with the final design of required improvements. It is proposed that expenses associated with the subject contract be charged to this budget category. With the commencement of work on the project, the tentative project designation will be replaced with the final project number EN0105.
FISCAL IMPACT & FUNDING SOURCES
CIP Project EN0105 – Highway 99 Widening Utility Relocations is funded by the following sources:
• Fund 225 – Water Supply Facilities DIF Fund
• Fund 233 – State Highway Project DIF Fund
• Fund 406 – Wastewater CIP Fund
• Fund 407 – Water CIP Fund
Item #: 10.9
Consent
The Project Sheet for tentative project EN2025-03 as approved in the 2025-2030 Capital Improvement Plan identified $160,000 for professional services related to the final design/plan phase. It is proposed that the expenses associated with the requested contract be charged to this project account string. With the project formally moving forward, it will be reassigned the final project number EN0105, and the project account string to be utilized for the subject contracts will be EN0105-050-0200-0202. To date, there have been no expenditures charged to this account string. While no additional funding is requested at this time, Council is asked to approve the revised project sheet reflecting the final project designation of EN0105.
ENVIRONMENTAL REVIEW
Caltrans has completed the environmental review process for the State Route 99 6-lane widening and Paige Avenue interchange improvement project, which includes pedestrian improvements along Paige Avenue between K Street and Blackstone Street. Any future City project to widen Paige Avenue or K Street, or to construct intersection improvements will required completion of additional environmental review by the City prior to construction.
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by City Council.
2. Deny - Should City Council deny award of the requested contract, the City will not be able to undertake right-of-way acquisition activities necessary for Caltrans to construct ADA compliant pedestrian improvements at the southeast corner of Paige Avenue and K Street.
3. Table – Postponing award of the requested contract for a short-term would not immediately cause any project delays.
ATTACHMENTS
1. Paragon Right-of-way Services Proposal
2. EN0105 Revised Project Sheet
Reviewed/Approved: TG
5660 Katella Avenue, Suite 100 | Cypress, California 90630 P: 714.379.3376 | F: 714.908.8484 | www.paragon-partners.com October 13, 2025
Jan Bowen, PE
Senior Engineer
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274
Subject: Right-of-Way Services for the City of Tulare Paige Avenue Improvements Project Dear Mr. Bowen,
Pursuant to your request, Paragon Partners Consultants, Inc. (Paragon) is pleased to submit the following scope and budget to provide right-of-way services to the City of Tulare (City) for a street and roadway improvement project along Paige Avenue. We understand that the scope of work consists of acquiring a partial property acquisition in fee simple from one (1) property owner for street and highway purposes.
SCOPE OF WORK
Paragon will provide the below scope of work in accordance with the right-of-way acquisition needs of the project.
➢ Communicate with the City on a regular basis to report progress of expected deliverables ➢ Prepare and deliver a monthly progress status report
➢ Order and review one (1) title report
➢ Order and review one (1) set of plat map and legal description ➢ Order and review one (1) appraisal report
➢ Prepare offer package and related documents
➢ Present and negotiate with the property owner, as required ➢ Prepare and maintain a parcel diary
➢ Manage opening and closing of escrow
➢ Prepare project files to submit to client
COST AND PRICE
Provided below is Paragon’s cost proposal to provide right-of-way services for one (1) property owner covering one (1) parcel. Paragon will invoice monthly for its services on a time and materials basis.
TULARE PAIGE AVENUE IMPROVEMENTS PROJECT
SCOPE OF WORK - 1 PROPERTY OWNER (1 PARCEL)
TASKS
Project
Manager
Senior
Acquisition
Agent
Project
Coordinator
Total
Hours Fees
Hourly Rate $190 $105 $90
Project Management 3 5 2 10 $1,275
Order and Review 1 Title Report 0 1 2 3 $285
Order and Review 1 Plat Map and Legal
Description 0
2 3 5 $480
Order and Review 1 Appraisal Report 0 1 2 3 $285
Develop Offer Package and Related Documents 0 2 4 6 $570 Present Offers and Negotiations 3 18 0 21 $2,460
Manage Opening and Closing of Escrow 0 4 6 10 $960
Project Closeout 0 1 2 3 $285
$6,600
1 Title Report - Placer Title Company $700
1 Plat Map and Legal Description - 4 Creeks Inc. $3,500 1 Appraisal Report - Scott Appraisal Inc. $4,000
Expenses - Travel, Mileage, Postage, etc. $750
Total 6 34 21 61 $15,550
Assumptions
• Engineering drawings, CAD files etc. will be provided to Paragon by the City • Project duration assumed to be 12 months from notice to proceed. Extension of schedule beyond target completion date may require additional budget • No Temporary Construction Easement is required
• No Caltrans Right-of-Way Certification is required
• Quote assumes no condemnation support
If you have any questions, please do not hesitate to contact Colin Valles at (714) 452-2331 or email [email protected].
Respectfully submitted,
Mark T. Mendoza
Vice President
PROJECT MANAGER:
PROJECT DESCRIPTION & PURPOSE:
KEY POINTS:
PROJECT STATUS:
PROJECTED START DATE:
PROJECTED END DATE:
FUTURE M & O:
(Additional Cost & Department
Responsibility)
CRITERIA (1-8):
To Date Remaining Year 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030 010 - Administrative $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 020 - Conceptual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 030 - Preliminary Design/Plan $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 040 - Environmental $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 050 - Final Design/Plan $0.00 $0.00 $0.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $190,000.00 $0.00 0200 - Professional Services
0202 - Engineering $0.00 $0.00 $0.00 $160,000.00 $0.00 $0.00 $0.00 $0.00 $160,000.00 $0.00 0900 - City Staff Time $0.00 $0.00 $0.00 $14,000.00 $0.00 $0.00 $0.00 $0.00 $14,000.00 $0.00 0999 - Contingency $0.00 $0.00 $0.00 $16,000.00 $0.00 $0.00 $0.00 $0.00 $16,000.00 $0.00 060 - Right of Way/Property $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 070 - Construct/Implement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0200 - Professional Services
0202 - Engineering $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0205 - Labor Compliance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0224 - Construction Surveying $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0203 - Construction Management $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0612 - Materials Testing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0700 - Construction/Labor & Materials Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0900 - City Staff Time $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0999 - Contingency $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 080 - Closeout $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Costs: $0.00 $0.00 $0.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $190,000.00 $0.00 To Date Remaining Year 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030 Fund 233 - State Hwy Project DIF Fund $0.00 $0.00 $0.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $190,000.00 $0.00 Fund 225 - Water Supply Facilities DIF Fund $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fund 406 - Wastewater CIP Fund $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fund 407 - Water CIP Fund $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Funding: $0.00 $0.00 $0.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $190,000.00 $0.00 G/L #'s:
Notes: 11/04/25 Revision. Award of professional services contracts associated with Paige/K Street ROW acquisition. Project costs shown only include estimated professional services costs associated with ROW & design. Pending ROW acquisition and construction costs are unknown at this time.
Unfunded
Funding Sources Prior Fiscal Years
Fiscal Year 2024/2025 Future Fiscal Years
Total Unfunded
Proposed
7/1/2025
6/30/2028
N/A
Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.
Costs Description Prior Fiscal Years
Fiscal Year 2024/2025 Future Fiscal Years
Total
(Capital)
District(s): 3, 4
Michael Miller
City cost share of construction of the State Highway 99 6-lane widening priject between Avenue 200 and Prosperity Avenue consisting of the relocation of conflicting City utilities and other facilities.
Critical Utility Infrastructure Improvements; Traffic safety; Economic Development. 2025 - 2030 CIP Transportation
PROJECT #: EN0105
Hwy 99 Widening Utility Relocations
(Capital)
109
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Contract for 2025 Citywide Speed Zone Study
RECOMMENDED ACTION
Award and authorize the City Manager to sign a contract with Willdan Engineering of Fresno, CA for preparation of the 2025 Citywide Speed Zone Study in the amount of $89,080; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($8,908) of the contract award amount.
SUMMARY
In order to maintain radar-enforceable speed zones per the provisions of the California Vehicle Code, the City must regularly conduct engineering and traffic surveys justifying those zones. In particular, speed zones being enforced through the use of radar or any other electronic device that measures the speed of moving objects must be justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation. The last citywide speed zone study was conducted in 2020, and the studies contained therein are nearing expiration. Staff issued a Request for Proposals (RFP #26-825) for preparation of the 2025 Citywide Speed Zone Study. The scope of work encompassed by this RFP includes conducting engineering and traffic surveys on up to 159 roadway segments within the City of Tulare to determine recommendations for speed zones that would comply with provisions of the vehicle code. The resulting study would be presented to City Council in a public hearing, providing feedback opportunities for both Council and members of the public prior to adoption of a resolution establishing speed zones.
The City received eleven proposals in response to RFP #26-825. A review and selection committee was formed, which determined that Willdan Engineering of Fresno, CA was the firm who best demonstrated an understanding of the project parameters, and an ability to perform the work in a manner consistent with the City’s expectations. Willdan’s proposed fee for completing the 2025 Citywide Speed Zone Study is $89,080, which includes a $4,695 optional task to conduct a Safety Corridor Analysis. Under AB-43 and as of July 2024, roadway segments identified as a safety corridor may be reduced an additional 5 mph (up to 12.5 mph below the 85th percentile speed) if so justified through a safety corridor analysis.
However, only 1/5 (20%) of the City’s roadways can be identified as safety corridors. Staff believe there is good value in completing this optional task and therefore included it in the proposed contract award.
The 5-Year Capital Improvement Program adopted by Council for fiscal years 2025/26 thru 2029/2030 included project EN0062 – Annual Transportation Studies/Admin. Speed Zone Surveys are included in this project, with a budget of $100,000 programmed for that task in the current fiscal year. To date, no other expenses have been charged to this account, so there is sufficient budget to cover the expenses of the proposed contract award.
FISCAL IMPACT & FUNDING SOURCES
CIP Project EN0062 – Annual Transportation Studies/Admin is funded by the following sources for FY 2025/2026:
• Fund 300 – Gas Taxes Fund
• Fund 400 – General CIP Fund
Expenditures for the 2025 Citywide Speed Zone Study would be charged to project account string EN0062-226-060.
Item #: 10.10
Consent
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
The City Attorney has reviewed the proposed professional services agreement and approved it as to form.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by City Council.
2. Deny – Should City Council deny award of the requested contract, the City will not be able to undertake the engineering and traffic surveys necessary for the use of radar or any other electronic device that measures the speed of moving objects. This would have significant impacts on the Police Department’s ability to enforce speed limits on City roadways.
3. Table – Postponing award of the requested contract for a short-term would not immediately cause any project delays.
ATTACHMENTS
1. Draft Contract
Reviewed/Approved: TG
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Police
Submitted by: Greg Merrill, Captain
Agenda Title: Online Crime Reporting System (Versaterm)
RECOMMENDED ACTION
Award and authorize the City Manager, or designee, to enter into a three-year, sole source agreement with Versaterm Public Safety US, Inc. in the amount of $97,714.84 for an online crime reporting system; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($9,771) of the total contract amount; and approve a resolution to appropriate $50,000 from the Technology Reserve from General CIP Fund (Formally Fund 603 Technology CIP) to the Police Department operating account.
SUMMARY
The Police Department is proposing the launch of an online crime reporting system (Versaterm) that will enable residents to file certain non-violent crime reports 24/7 without needing to speak directly with an officer. The types of reports that could be filed online will be limited to include only theft, battery (cold), vandalism, and restraining order violations. The system will improve public access, reduce call volumes to dispatch and front desk staff, and allow officers to focus on higher-priority incidents.
Versaterm, a leading provider of online reporting solutions, offers advanced tools available for citizen reporting. Their platform includes a web portal, interactive voice hand-off capabilities, and multilingual reporting options. Unlike traditional online reporting platforms, Versaterm stands out due to its conversational AI, which creates a more intuitive and conversational reporting process for submitters.
This allows the public to initiate non-emergency reports using the method most convenient for them via the website or mobile app. Importantly, Versaterm holds the patent for this technology.
Versaterm would provide seamless integration with the department’s dispatching and records management software, while greatly improving the community’s ability to report incidents in a flexible, accessible, and efficient manner.
FISCAL IMPACT & FUNDING SOURCES
The annual cost of service can be absorbed by the Police Department’s annual appropriation. The onetime implementation cost will be funded from the Technology Reserve CIP.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
This item has not been reviewed by the City Attorney.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
Item #: 10.11
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Professional Services Agreement & Exhibits
2. Sole Source Letter
3. Resolution
Reviewed/Approved: TG
05.20.25tg
CITY OF TULARE
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into as of October 21, 2025 between the City of Tulare, a California charter city ("City") and Versaterm Public Safety US, Inc., a corporation incorporated under the law of Delaware ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement.
RECITALS
A. The City of Tulare desires to obtain services software services more specifically outlined in the Service Schedule ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.
B. Consultant is engaged in the business of furnishing Services and hereby represents they are qualified, experienced, and capable of performing Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform Services.
C. The City of Tulare desires to retain Consultant, and Consultant desires to provide City with Services, on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
1. Scope of Services. Consultant shall perform Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.
2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and Services performed by Consultant.
3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing Services upon notice from City on or after the Effective Date, unless otherwise instructed by the City, and continue with Services in accordance with the terms of the MSA and Service Schedule (“Completion Date”) with an option to renew for two (2) additional one-year terms. This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein.
4. Payment for Services. As sole compensation for the performance of Services, City hereby agrees to pay Consultant monthly for services rendered to City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit A. The total
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amount paid by the City to Consultant for Services shall not exceed ninety-seven thousand seven hundred fourteen dollars and eighty-four cents ($97,714.84). The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Consultant will receive no royalty or other remuneration for the production or distribution of any products developed by City or by Consultant in connection with, or based upon, Services. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to the City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by the City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain: a brief description of services performed; the date Services were performed; and the number of hours spent, rate, and by whom. Any such invoices shall be in full accord with any and all applicable provisions of this Agreement. City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant.
5. Independent Contractor Status, Taxes. Consultant is an independent contractor, and nothing contained in this Agreement is intended, or shall be construed in any manner to create or establish the relationship of agent or employee of the City. Consultant has no authority to bind City by contract or otherwise. Consultant will perform the professional services under the general direction of the City Manager or their Designee, subject to the requirement that Consultant shall, at all times, comply with applicable law. Consultant shall pay all taxes, assessments, and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums (if required), sales taxes, use taxes, personal property taxes, or other taxes or assessments now, or hereafter, in effect and payable by reason of, or in connection with, Services performed by Consultant. Consultant shall be required to possess a valid and current City of Tulare Business Tax Certificate.
6. Warranty. By executing this Agreement, Consultant agrees Services it will perform under this Agreement will be of a professional quality conforming to generally accepted industry standards and practices and that Consultant shall maintain all required licenses and certifications necessary for performance of Services hereunder. Consultant further agrees and represents to City that Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide City Services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted industry practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding Services rendered under this Agreement.
7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to the City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon
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subcontractors the assignment rights found elsewhere in this Agreement.
8. Power to Act on Behalf of the City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials, including, but not limited to, calculations and notes relating to work performed for City under this Agreement, on file for at least three (3) years following the date of final payment to Consultant by the City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours. Consultant shall provide proper facilities to the City’s representative(s) for such access and inspection.
10. RESERVED
11. Confidentiality. Customer data provided to Consultant in connection with Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to the City, unless otherwise provided by law or expressly authorized by the City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. The Consultant shall also require its subcontractors to be bound these confidentiality provisions.
12. Conflicts of Interest. Consultant represents that neither Consultant nor any of its employees have an improper interest, present or contemplated, in Services which would affect Consultant’s or its employees’ performance of Services and the work product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform Services under this Agreement.
During the performance of Services, Consultant shall not employ or retain Services of any person who is employed by City or a member of any City board, commission, committee, or other legislative or recommending body.
13. City’s Right to Employ Other Consultants. This Agreement and performance of Services are non-exclusive and City reserves the right to employ other consultants in connection with Services while this Agreement is in effect.
14. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City or Consultant: For Convenience. Either party may, at their discretion, terminate this Agreement for convenience and without cause upon ninety (90) days prior written notice to the other party. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs
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otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon 30 (30) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of the City, and City may withhold an amount that would otherwise be payable as an offset to the City's damages caused by such failure. d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all work product and/or deliverables accumulated by Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such work product for any reason whatsoever.
e. Non-Appropriation; Lack of Available Funds. The parties acknowledge Services to be performed under this Agreement are expected to extend beyond the City’s budgeted fiscal year.
If, during the term of this Agreement, or any renewal term, as applicable, City budget does not appropriate sufficient funds for this Agreement, then City may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant.
Upon termination of the Agreement under this section, City shall have no further liability to pay any funds to Consultant or to furnish any other consideration under this Agreement, and Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, City shall have the option to either terminate this Agreement with no liability to City or offer an amendment to Consultant to reflect the reduced amount. City represents and warrants that (i) as of the Effective Date, it has appropriated the funds for this Agreement for the current fiscal year and (ii) it shall not use the foregoing right to terminate for non-appropriation as a means to terminate for convenience. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the City Council.
15. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.
16. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or
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in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of the City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and city laws and any rules or regulations promulgated thereunder.
18. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of the City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due 38 Section 8, Item 8D. 5 Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
19. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods: a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery. b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement. c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d.
Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered seventy-two (72) hours after deposit.
20. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and the Consultant.
21. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
22. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
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23. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Tulare, California. Consultant shall perform Services required under this Agreement in the County of Tulare, California.
24. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
25. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
26. Execution in Counterparts. This Agreement may be executed in counterparts such that signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
27. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation.
The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute. Demand for mediation shall be in writing and delivered to the other party to this Agreement.
A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when commencement of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.
28. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure any subcontractors are bound to this provision.
A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
29. Performance Requirements. Notwithstanding, and in addition to the provisions of Section 17 of this Agreement, if Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to
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correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement. Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure the future performance of Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default. ---Signatures on subsequent page.---
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NOW, THEREFORE, City and Consultant have executed this Agreement on the date(s) set forth below:
VERSATERM PUBLIC SAFETY US, INC. CITY OF TULARE
Adam Schwartz, Senior Vice President Marc Mondell, City Manager Date: Date:
APPROVED AS TO FORM ATTEST
Mario U. Zamora, City Attorney Marc Mondell, City Clerk By: Melissa Wilcox
Chief Deputy City Clerk
Date: Date:
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Exhibit A – Scope of Services & RFQ/RFP (if applicable)
MASTER SOFTWARE AND SERVICES AGREEMENT
This Master Software and Services Agreement ("MSA") is entered into as of the date of the last signature set forth on the signature page hereto (the “Effective Date”):
BETWEEN:
Tulare Police Department (CA) (hereafter referred to as "Customer") –and–
Versaterm Public Safety US, Inc., a corporation incorporated under the laws of the state of Delaware (hereafter referred to as "Versaterm")
Background
A. Versaterm (including its affiliates) develops and licenses proprietary software related to public safety agencies.
B. The Parties contemplate that from time-to-time the Customer will wish to obtain, and Versaterm will provide, a license and associated services from Versaterm to permit the Customer to such software and related materials, all of which shall be governed by the terms and conditions of this MSA.
NOW THEREFORE in consideration of the covenants contained in this MSA, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Definitions.
For the purposes of this MSA, each Service Schedule, and each Statement of Work, these terms will have the following meanings:
1.1. "Authorized User" means an employee, consultant, or contractor of Customer authorized by Customer to access and use the Services on Customer’s behalf.
1.2. "Confidential Information" means this Agreement, any Service Schedule, the Software, Customer Data and all ideas, designs, business models, databases, drawings, documents, diagrams, formulas, test data, marketing, financial or personnel data, technology, products, sales information, trade services, know-how customer or supplier information, including information provided by such customers or suppliers, or any other information already furnished or to be furnished or made available by one Party to the other, whether in oral, written, graphic or electronic form including any such information exchanged during informational sessions designated as confidential, including, without limitation, information concerning a Party's actual and potential customers and other Intellectual Property Rights of such Party, provided, however, that Confidential Information shall not include any data or information: (i) that, at the time of disclosure, is in or, after disclosure, becomes part of the public domain, through no act or failure on the part of the receiving Party, whether through breach of this Agreement or otherwise; (ii) that, prior to disclosure by the disclosing Party, was already in the possession of the receiving Party, as evidenced by written records kept by the receiving Party in the ordinary course of its business, or as evidenced by proof of actual prior use by the receiving Party; (iii) independently, custom developed by the receiving Party, by Persons having no direct or indirect access to the disclosing Party's Confidential Information provided that the receiving Party provides clear and convincing evidence of such independent development; (iv) which, subsequent to disclosure, is obtained from a third Person: (A) who is lawfully in possession of the such information; (B) who is not in violation of any contractual, legal, or fiduciary obligation to either Party, as applicable, with respect to such information; and (C) on a non-confidential basis; or (v) is further disclosed with the prior written consent of the disclosing Party, but only to the extent of such consent.
1.3. “CPI” means (i) for Customer located in Canada the consumer price index published by Statistic Canada on the 1st of the year or (ii) for Customer located in the United States the consumer price index for all urban consumers published by the U.S. Bureau of Labor Statistics on the 1st of the year.
1.4. "Customer Data" means collectively any data, files, documentation, or other information: (i) that Customer or any of its Authorized Users may upload to Versaterm Platform when using the Services; and (ii) processed through the use of the Services, excluding Third Party Data and any Versaterm Data.
1.5. "Customizations" means all Customer requested modifications made to the Software or User Documentation by or for Versaterm in accordance with the terms of a Service Schedule or Work Order, which shall be at Customer's expense.
1.6. "Enhancements" means any changes or additions to the Software, that improve functions, add new functions, improve performance, or correct errors by changes in system design or coding, including but not limited to changes or additions that are made to the Software to provide substantial additional value or utility.
1.7. "Fees" means the Subscription Fees, the License Fees, the Maintenance and Support Fees, the Customization Fees, and all other fees and charges charged by Versaterm under this MSA, any Service Schedule, any SOW, or any other attachment.
1.8. "Including" means "including without limitation" and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it.
1.9. “Initial Subscription Term” as further defined in Section 3.3 of the MSA.
1.10. "Intellectual Property" means any property, tangible or intangible, that may be subject to Intellectual Property Rights, including without limitation, ideas, formulae, algorithms, concepts, techniques, processes, procedures, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, diagrams, programs, inventions, technologies, software (including its source code), tools, products knowledge, know-how, including without limitation, trade secrets, and other materials or things.
1.11. "Intellectual Property Rights" means: (a) any and all proprietary rights anywhere in the world provided under: (i) patent law; (ii) copyright law, including moral rights; (iii) trademark law; (iv) design patent or industrial design law; (v) semiconductor chip or mask work law; (vi) trade secret law; (vii) privacy law; or (viii) any other statutory provision or common law principal applicable to this Agreement which may provide a right in either: (A) Intellectual Property; or (B) the expression or use of Intellectual Property; and (b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing.
1.12. "Licensed Materials" means collectively the Versaterm Platform, Software and the User Documentation.
1.13. "Maintenance and Support Fees" means the fees charged by Versaterm in respect of maintenance and support services as further identified in a Service Schedule.
1.14. “Open Source Software Components” means software programs, libraries, or distributables (commonly known as “public”, “open source” or “free” software) made publicly available by the copyright holders.
1.15. "Party" means either Customer or Versaterm and "Parties" means both.
1.16. "Person" means any individual, company, corporation, partnership, government or government agency, authority or entity howsoever designated or constituted.
1.17. "Point of Access" means Versaterm's, or its subcontractor's, border router, which is used to establish connectivity from the Versaterm Platform to Versaterm's, or its subcontractor's, internet provider, or the public internet.
1.18. “Professional Services” all professional services purchased by Customer in respect of the Subscription Services or use of Software (if installed on Customer’s premises), including implementation services, data migration, specialized support, training services and any other services as further described in a Service Schedule or Statement of Work.
1.19. “Project Kick-Off” means the initial meeting of the Parties or formal start of the project, as may be further defined in a Statement of Work.
1.20. “Provisioning” means the Software has been made available and accessible by Versaterm to the Customer by providing the Customer with a log-in.
1.21. “Renewal Subscription Term” as defined in Section 3 of this MSA.
1.22. "Service Schedule" means the applicable written document, signed by Customer and Versaterm, which incorporates by reference the terms and conditions of this MSA, the terms and conditions of Subscription Service or the terms and conditions regarding use of the Software, any attached SOW, and any other relevant terms and conditions with respect to Customizations, Professional Services, Implementation or the provision of other technical services.
1.23. "Software" means the computer programs owned by Versaterm and which are licensed to Customer under a Service Schedule, including: (a) all maintenance modifications (updates and upgrades); (b) Enhancements; (c) Customizations, now developed or to be developed by or for Versaterm during the Term; and (d) all formulas, routines, subroutines, algorithms, concepts, techniques, know-how and ideas implemented or embodied in any of the foregoing, in any form. For the avoidance of doubt, Software excludes Third Party Components.
1.24. "Statement of Work" or "SOW" means the applicable written document, signed by Customer and Versaterm or incorporated as part of Service Schedule, under which Versaterm may provide Customer additional Professional Services related to the Software, including training, specialized support and data migration, which shall be attached to the applicable Service Schedule.
1.25. "Subscription Fee" means the fees charged by Versaterm in respect of the Subscription Service or in respect of the provision of Software to Customer on an on-premises basis, as further identified in a Service Schedule as further identified in a Service Schedule.
1.26. "Subscription Service” means any combination of the following: (i) limited access and use rights to the Versaterm Platform on a hosted basis, (ii) hosting services, (iii) support services, and (iv) any other similar generally applicable services that Versaterm provides to its customers in accordance with the User Documentation. For the avoidance of doubt, Subscription Services do not include Professional Services.
1.27. “Subscription Term” means the Initial Subscription Term and any Renewal Subscription Terms.
1.28. “Term” means the term set out in Section 3.1.
1.29. “Third Party Data” means any data owned by a third party that the Customer accesses via the Software.
1.30. “Third Party Component” means any components of the Subscription Services provided by third parties, including Open Source Software Components and third party proprietary software or services (e.g. Amazon Web Services (AWS)).
1.31. “Third Party Supplier” means any party who provides products and/or services, including Open Source Software and Third Party Components that contribute to the overall Software provided to the Customer by Versaterm.
1.32. "User Documentation" means the user manuals, guides, and specifications with respect to the operation, use, functions, and performance of the Software, as revised from time to time, and any additional documentation for Customizations produced by Versaterm, in written or online electronic form.
1.33. "Versaterm Platform" means the Software, Versaterm Server and such devices and peripherals physically located with the Versaterm Server, including all computer hardware, software, network elements, and electrical and telecommunications infrastructure located behind the Point of Access.
1.34. "Versaterm Server" means that computer server located at Versaterm's premises, or a third-party provider of hosting and/or network services, that houses the Software.
2. Scope of Agreement
2.1. It is the intention of Versaterm and Customer that, where Software and services are to be provided by Versaterm under this MSA, particular details and terms will be specified in a Service Schedule. If there is a conflict between a Service Schedule and this MSA, the Service Schedule will prevail over the conflicting provisions of this MSA to the extent of the inconsistency but only for the purposes of that Service Schedule. Except for such conflicts, the provisions of this MSA will not be deemed to be amended, cancelled, waived, or released by the execution of a Service Schedule.
2.2. Each Service Schedule shall contain the following minimum information, to the extent the same is applicable:
2.2.1. the express incorporation of this MSA by reference;
2.2.2. a list and description of the applicable Software;
2.2.3. Subscription Term;
2.2.4. Customizations and custom application programming interfaces (“APIs”) if any, to the Software and the terms and conditions upon which same will be provided;
2.2.5. the Fees, including onboarding fees, escrow agreement fees and implementation fees, as applicable;
2.2.6. the License Fee or Subscription Fee for the Software;
2.2.7. the Maintenance and Support Fee;
2.2.8. the site(s) at which the Software are permitted to be installed if Software is installed on Customer’s premises;
2.2.9. the project schedule (which may include project implementation dates, installation dates, training session dates) for the Software;
2.2.10. training, if applicable;
2.2.11. any other terms relating to the maintenance, enhancement or support of the Software; and
2.2.12. any special terms and conditions agreed upon by Versaterm and Customer.
3. Effective Dates.
3.1. This MSA shall have an initial term of three (3) years from the Effective Date (the "Initial Term"), unless earlier terminated in accordance with the provisions under Section 19, and shall automatically renew for consecutive additional one (1) year terms (each a "Renewal Term"), unless either Party provides a written termination notice to the other Party at least sixty (60) days prior to the expiration of the Initial Term or the then-current Renewal Term, as applicable. The Initial Term and Renewal Terms, if any, are collectively referred to herein as the “Term”. Notwithstanding any termination or expiration of this MSA, the MSA shall continue to be in effect until the termination or expiration of the last effective Service Schedule.
3.2. Each Service Schedule will be effective from the date set out in such Service Schedule and for the term specified in that Service Schedule.
3.3. Upon expiration of each Subscription Term, unless otherwise specified in the applicable Service Schedule, all rights to access and use or the license to use Licensed Materials, as applicable, granted under such Service Schedule and this MSA shall automatically be renewed for additional one (1) year periods, and Versaterm will invoice Customer at the then-current subscription-based price for such additional Subscription Term year at Versaterm’s then-current rates, subject to the cap set forth in Section 8.7 (or such other rates mutually agreed by the Parties), unless a Party provides written notice to the other Party to terminate at least sixty (60) days prior to the expiration of the Subscription Term or any renewal term.
4. License
4.1. Customer shall have the right to access and use or install and use the Licensed Materials solely as expressly granted or otherwise set forth in this MSA and the applicable Service Schedule.
4.2. Provided that Customer is not in default of payment, for the duration the Subscription Term, Versaterm hereby grants to Customer a revocable, limited, non-exclusive, nonsublicensable, non-transferable, and royalty-free license to access and use of the Subscription Service or Licensed Materials identified the Service Schedule for Customer’s operations.
4.3. Customer shall not:
4.3.1. use, reproduce, display, perform or otherwise exploit the Software except as expressly authorized in this MSA or in a Service Schedule;
4.3.2. copy any of the Software or User Documentation except as reasonably necessary to use the Software for its internal use as authorized herein or in a Service Schedule, and in all cases subject to the confidentiality provisions hereof, and provided that all copyright notices and any other proprietary notices are included;
4.3.3. assign this MSA or transfer, lease, export or grant a sublicence of the Software or the license contained in this MSA to any Person except as expressly authorized herein or in a Service Schedule;
4.3.4. decompile, disassemble, reverse engineer, or otherwise access or attempt to gain access to the Software’s source code;
4.3.5. give any Person other than its employees, consultants, contractors and/or clients of Customer or other individuals listed pursuant to a Service Schedule access to the Software or;
4.3.6. rent or lend, with or without charge, any system which includes the Software to any Person including clients and customers;
4.3.7. operate at any time on a regular or irregular basis an online or offline customer service bureau involving the Software;
4.3.8. permit (and Customer shall take all necessary precautions to prevent) third parties (including, any parties affiliated or related to Customer) to use the Software in any way that would constitute a breach of this MSA or any Service Schedule;
4.3.9. use any APIs, other than the APIs expressly authorized for use by Versaterm, with the Software or use any authorized APIs in a manner that is not permitted or published by Versaterm;
4.3.10. remove or modify any proprietary marking or restrictive legends placed on the Licensed Materials;
4.3.11. use any device, software, or routine to interfere with the proper working of the Software or to bypass any security features of the Software;
4.3.12. introduce into the Versaterm Platform any viruses, worms, defects, trojan horses, malware, or any items of a destructive nature; or
4.3.13. use the Software or Services in any way that would cause Versaterm to have unescorted access to unencrypted criminal justice information in violation of the FBI Criminal Justice Information Services Security Policy.
4.4. Customer shall be solely and exclusively responsible for the supervision, management, and control of Customer’s and each of its Authorized User’s use of the Licensed Materials and shall require each Authorized User to maintain all passwords and other access credentials with respect thereto.
5. Customer’s Obligations
5.1. Where the Software will require access and use of the Versaterm Platform, Versaterm shall operate and maintain the Versaterm Platform in accordance with the applicable Service Schedule. Access to the Versaterm Platform may be through a secure connection with the public internet or using a Network Aggregator Provider. Customer acknowledges and agrees that Versaterm is not responsible or liable for any communication over the public internet, or for the Network Aggregator Provider's network or its operation or the Network Aggregator Provider's network's failure to deliver communication to and from the Versaterm Platform on a timely basis.
5.2. Customer shall be fully responsible for the acts and omissions of all Persons that are authorized or otherwise allowed, by Customer, to use or have access to the Software and User Documentation.
5.3. Customer agrees to co-operate with and advise Versaterm of all information which would be reasonably required to permit Versaterm to deliver and, if applicable, install the Software.
Customer shall respond promptly to any Versaterm request to provide information, approvals, authorizations or decisions that are reasonably necessary for Versaterm to provide the Software.
5.4. Subject to the terms and conditions of this MSA, each Service Schedule, and if applicable, each SOW, Customer shall provide Versaterm with all reasonable access, which may include remote access, and any necessary escorted supervision to Customer’s systems and premises for the purpose of Versaterm performing its obligations pursuant to this MSA, and the failure of Customer to provide such access shall relieve Versaterm of its obligation to perform such obligations.
5.5. Customer shall notify Versaterm immediately of any actual or suspected unauthorized use of any identity, authentication, or authorization credentials for the Versaterm Platform.
6. Ownership
6.1. Customer acknowledges and agrees that all rights, title and interests in and to the Licensed Materials, including all Intellectual Property embodied therein, are and shall at all times remain the exclusive property of Versaterm and that, except as expressly set forth herein, no rights, title or interests, including any license, is granted to Customer hereunder by implication, estoppel, or otherwise of any kind whatsoever in or to the Licensed Materials or any portion thereof, except, in each case, for the rights and licenses expressly granted to Customer herein,. Customer further acknowledges and agrees that all Third Party Components are and shall at all times remain the property of the applicable Third Party Suppliers.
6.2. Customer shall not remove any Versaterm trademark, service mark or logo, or any proprietary notices or labels (including any copyright or trademark notices) from the Service.
6.3. If Customer provides any feedback, comments, suggestions, ideas, descriptions of processes, or other information to Versaterm about or in connection with any Licensed Materials, including any ideas, concepts, know-how or techniques contained therein (collectively, “Feedback”), then Customer hereby grants Versaterm and its affiliates a worldwide, fully paid-up, royalty-free, non-exclusive, perpetual and irrevocable license to use, copy, modify and otherwise exploit the Feedback for any purpose, without any compensation to Customer or any restriction or obligation on account of Intellectual Property Rights or otherwise. Without limiting the generality of the foregoing, nothing in this MSA limits Versaterm’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
7. Customer Data and Hosting Provider
7.1. Customer hereby grants to Versaterm a limited, non-exclusive, non-transferable, royaltyfree right to use, reproduce, manipulate, display, transmit and distribute the Customer Data solely in connection with providing the Licensed Materials to Customer, and improving and developing the Licensed Materials. In addition, Versaterm may analyze Customer Data, and data of other customers, to create aggregated or anonymized statistics or data that do not identify Customer or any individual, and Versaterm may during and after the Term use and disclose such statistics or data in its discretion. Except as specified otherwise in the Agreement, Customer shall be solely responsible for providing, updating, uploading and maintaining all Customer Data.
7.2. Customer acknowledges and agrees that Versaterm: (i) will not be responsible for the accuracy, completeness or adequacy of any Customer Data or the results generated from any Customer Data uploaded to the Versaterm Platform and processed by the Software; (ii) has no control over any Customer Data or the results therefrom; (iii) does not purport to monitor Customer Data; and (iv) if Software is installed on Customer premises, shall not be responsible to back up or maintain any back up of the Customer Data or any portion thereof.
7.3. Versaterm may change its third party hosting provider (“Hosting Provider”) at any time.
Customer’s use of the Licensed Materials is subject to any applicable restrictions imposed by the Hosting Provider. Notwithstanding any other provision of this MSA, Versaterm shall not be liable for any problems, failures, defects or errors with the Licensed Materials to the extent caused by the Hosting Provider. Customer acknowledges that the Fees payable for the Licensed Materials reflect the fact that Versaterm is not responsible for the acts and omissions of the Hosting Provider.
8. Fees and Payment Terms
8.1. All Fees applicable to a Service Schedule will be specified therein. All amounts invoiced and due in accordance with the payment terms of the applicable Service Schedule shall be paid by Customer within thirty (30) days of the date of an invoice for such amounts.
8.2. Any additional services, such as Professional Services or Customizations, requested by Customer shall be subject to additional Fees, unless otherwise agreed to in writing by the Parties.
8.3. All invoices under a Service Schedule will be in writing, reasonably substantiate the charges set out therein and will be emailed by Versaterm to Customer at email address specified in the applicable Service Schedule or may be submitted through an alternative electronic platform as agreed to between the Parties (i.e.: Customer’s portal) as identified in the applicable Service Schedule.
8.4. Where Customer fails to pay any amount in accordance with Section 8.1 above, Versaterm shall have the right, in addition to any other remedies, to charge, and Customer shall pay, interest on such overdue amounts at the rate of one and a half per cent (1.5%) per month (18% per annum), or, if less, the maximum rate of interest allowed by law.
8.5. In all cases, all undisputed amounts due under this Agreement will be paid by Customer in full without any withholding, set-off, counterclaim or deduction.
8.6. If, acting in good faith, Customer disputes any item within an invoice, it shall raise such dispute by written notice to Versaterm prior to the date that payment on such invoice is due, and the Parties shall negotiate in good faith to attempt to resolve the dispute promptly. If the dispute is not resolved within thirty (30) days of the said notice being given, the dispute shall be resolved in accordance with Section 33. Any amounts not disputed in accordance with this section shall be deemed accepted and must be paid by Customer in accordance with Section 8.1.
8.7. Versaterm reserves the right to increase the fees on an annual basis, as identified in a Service Schedule, by no more than CPI + 4%. Notwithstanding the foregoing, Versaterm may increase fees beyond the cap of CPI + 4% for Third Party Components.
9. Taxes.
In addition to all charges under a Service Schedule, Customer shall pay to Versaterm all taxes, duties, and other such assessments or charges which may be assessed, levied, or imposed with respect to any Software, services or products provided under a Service Schedule, except taxes based on Versaterm's income and capital. The foregoing provision includes sales, use, service, excise and personal property taxes, whether collected or withheld by Versaterm or otherwise assessed, and any penalty and interest payments related to the foregoing (which penalty and interest payments are not due to any fault on the part of Versaterm) but does not include taxes for which Customer is exempt by law and for which Customer has provided to Versaterm a bona fide tax exemption certificate prior to such tax becoming due.
10. Confidentiality
10.1. Each Party acknowledges that all Confidential Information consists of confidential and proprietary information. Except as required by law, each Party shall hold Confidential Information of the other Party in trust and confidence for and on behalf of such other Party, and shall take commercially reasonable measures to maintain the confidentiality of the Confidential Information, which measures shall in any event be no less than what such Party would implement to protect its own Confidential Information of a similar nature or value.
Each Party agrees not to make use of Confidential Information other than to the extent necessary for the exercise of rights or the performance of obligations under this MSA or any Service Schedule, and not to release, disclose, communicate or otherwise make it available to any third-party other than officers, directors, employees, consultants and contractors of Versaterm or Customer, as applicable, who reasonably need to know it in connection with the exercise of rights or the performance of obligations under this MSA or any Service Schedule.
10.2. Each Party agrees that any breach of this Section 10 ("Confidentiality") may give rise to irreparable damage to the other Party, the injury to the other Party from any such breach would be difficult to calculate, and that money damages would therefore be an inadequate remedy for such breach. Each Party agrees that the other Party will be entitled, in addition to all other remedies that the other Party may have under this MSA, at law or in equity, and without showing or proving any actual damage sustained by it, to a permanent or temporary injunction or other order to restrain any breach, threatened breach or the continuation of any breach of this Section 10.
10.3. Upon the termination or expiration of each Service Schedule, each Party will return to the other Party all Confidential Information with respect to such Service Schedule which is then in its possession or control.
10.4. Notwithstanding the above, Versaterm reserves the right to retain Customer Data on audit logs and server system logs and in support tickets, support requests, and direct communications with Versaterm, saved as part of routine back-ups or as otherwise may be required by law.
11. Representations and Warranties of Versaterm.
Versaterm represents and warrants as follows:
11.1. Versaterm has the power and the capacity to enter into, and to perform its obligations under this MSA. This MSA and each of the agreements, contracts and instruments required by this MSA to be delivered by Versaterm have been duly authorized by Versaterm. This MSA has been duly executed and delivered by Versaterm and is a valid and binding obligation of Versaterm, enforceable in accordance with its terms;
11.2. Neither the entering into of this MSA, nor the performance by Versaterm of any of its obligations under this MSA will contravene, breach, or result in any default under any organizational documents of Versaterm or under any agreement to which Versaterm is a party or by which Versaterm is otherwise bound; and
11.3. Versaterm will use commercially reasonable efforts to ensure that all Software delivered to Customer is, at the time of shipment, free of any known computer software viruses.
12. Representations and Warranties of Customer.
Customer represents, warrants, and covenants, as follows:
12.1. Customer has the corporate power and the capacity to enter into, and to perform its obligations under this MSA. This MSA and each of the agreements, contracts and instruments required by this MSA to be delivered by Customer have been duly authorized by Customer. This MSA has been duly executed and delivered by the Customer and is a valid and binding obligation of the Customer, enforceable in accordance with its terms; and
12.2. Neither the entering into of this MSA, nor the performance by Customer of any of its obligations under this MSA will contravene, breach, or result in a default under the articles, by-laws, constating documents or other organizational documents of Customer or under an agreement or regulatory policy to which the Customer is a party or by which Customer is otherwise bound.
13. Versaterm’s Indemnity
13.1. Versaterm will defend at its own expense any claim, proceeding or suit (for purposes of this Section 13, a "Claim") brought against Customer to the extent such Claim alleges that any Licensed Materials provided under a Service Schedule infringes a proprietary right of a thirdparty which is enforceable within Canada or the United States, and will indemnify and pay all damages finally awarded against Customer by courts of competent jurisdiction on account of such infringement together with all reasonable costs and expenses (including reasonable legal fees as determined by courts of competent jurisdiction) incurred by Customer as a direct result of such Claim, provided Versaterm is given: (i) prompt written notice, however, no later than ten (10) days, of the Claim; (ii) all reasonable information and assistance which it may require to defend the Claim; (iii) sole control of the defense of the Claim, and all negotiations for its settlement or compromise; and provided further: (iv) that the alleged infringement does not result from any alterations, modifications or enhancements to the Software or Documentation made by Customer or on its behalf by a third-party, or the use or operation of the Licensed Materials in combination with other software, products, data, apparatus or equipment not provided by Versaterm.
13.2. Notwithstanding anything to the contrary in this MSA or any Service Schedule, Versaterm shall not be responsible for any cost, expense or compromise incurred or made by Customer in respect of a Claim without Versaterm's express prior written consent.
13.3. If any Claim has occurred, or in Versaterm’s opinion is likely to occur, Versaterm may, at its option and expense:
(i) procure for Customer the right to continue using the applicable Licensed Materials; (ii) replace or modify the same so that it becomes non-infringing without loss of material functionality; or
(iii) if none of the foregoing alternatives is reasonably available, or available on commercially reasonable terms, at Versaterm’s discretion, discontinue the Service and use of the Software and refund to Customer any pre-paid and unused portion of the Fees paid by Customer in respect of use of the Software for the remainder of the then-current portion of the Term.
13.4. Notwithstanding the above Versaterm shall have no obligation for any Claim based upon Third Party Components, which are warranted solely by the individual Third Party Supplier.
13.5. This Section 13 states the entire obligations of Versaterm with respect to any infringement of any Intellectual Property Rights of any third party.
14. Customer's Indemnity
Unless not permissible by law, Customer shall defend at its own expense any Claim brought against Versaterm, its affiliates or any of their respective directors, officers, employees, consultants, contractors or agents (each, a “Versaterm Indemnitee”), to the extent such Claim:
(i) alleges, directly or indirectly, that any Customer Data infringes any Canadian or U.S.
Intellectual Property Right of a third person; (ii) alleges, directly or indirectly, that Customer’s use of the Software, services, or products violates or is contrary to applicable law or that this contract is unenforceable as a matter of policy; or (iiii) is in relation to Customer's use of the Software, including contrary to applicable law, except however to the extent Versaterm is obligated to indemnify Customer pursuant to Section 13; provided that Customer is given:
i. prompt written notice of the Claim or of any allegations or circumstances known to Versaterm which could result in a Claim;
ii. all reasonable information and assistance from Versaterm, at Customer's expense, which Customer may require to defend the Claim; and
iii. sole control of the defense of the Claim, and all negotiations for its settlement or compromise thereof; provided that Versaterm’s express prior written consent shall be required for any such settlement or compromise that (A) does not fully and irrevocably release all Versaterm Indemnitees from any liability of any kind a full release with respect thereto, (B) limits in any manner Versaterm’s right to use, distribute or commercialize any Licensed Materials, or (C) that includes any admission of wrongdoing by or creates or is reasonably likely to create any reputational harm to any Versaterm Indemnitee.
15. Exclusion of Other Warranties and Conditions
15.1. EXCEPT AS EXPRESSLY STATED IN THIS MSA, ANY SERVICE SCHEDULE, OR ANY SOW, THE
LICENSED MATERIALS, THIRD PARTY COMPONENTS OR ANY SERVICES PROVIDED HEREUNDER, ANY SERVICE SCHEDULE OR ANY SOW ARE PROVIDED ON AN "AS IS", “WHERE-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. THE REPRESENTATIONS AND WARRANTIES GIVEN BY VERSATERM IN SECTION 11 ARE IN LIEU
OF ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS
OR IMPLIED, IN RELATION TO ANY LICENSED MATERIALS, THIRD PARTY COMPONENTS OR
SERVICES PROVIDED UNDER THIS MSA, ANY SERVICE SCHEDULE OR ANY SOW,
INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. VERSATERM HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY
THIRD PARTY COMPONENTS OR THE ACTS OR OMISSIONS (INCLUDING WITH RESPECT TO THE PROVISION OF ANY SERVICES) OF ANY THIRD PARTY SUPPLIER.
15.2. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE AND OPERATION
OF ANY SOFTWARE OR THIRD PARTY COMPONENTS, AND THE RESULTS OBTAINED FROM
SUCH USE AND OPERATION, ARE AT THE SOLE AND EXCLUSIVE RISK OF CUSTOMER AND
THAT VERSATERM ASSUMES NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY RELIANCE UPON THE RESULTS OBTAINED BY CUSTOMER OR ANY THIRD-PARTY.
16. Exclusion of Indirect Damages.
UNDER NO CIRCUMSTANCES WILL VERSATERM BE LIABLE FOR ANY OF THE FOLLOWING UNDER THIS AGREEMENT FOR ANY REASON: (A) SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITH RESPECT TO
LOSS OF PROFITS, REVENUES, CUSTOMERS OR CONTRACTS, LOSS OF USE OF EQUIPMENT,
LOSS OF OR DAMAGE TO DATA OR CUSTOMER RECORDS, REPUTATIONAL HARM, OPERATIONAL
OR SERVICE INTERRUPTIONS, BUSINESS INTERRUPTION, OR LACK OF AVAILABILITY OF
CUSTOMER MATERIALS OR FACILITIES, INCLUDING CUSTOMER'S COMPUTER RESOURCES, SOFTWARE AND ANY STORED DATA (INCLUDING CUSTOMER DATA) OR RECORDS; OR (B) ANY
THIRD-PARTY CLAIMS AGAINST CUSTOMER FOR LOSSES OR DAMAGES (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13), IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SAME OR EVEN IF SAME WERE REASONABLY FORESEEABLE.
17. Limitation of Direct Damages.
THE TOTAL AGGREGATE LIABILITY OF VERSATERM UNDER THIS AGREEMENT IS LIMITED TO THE
AMOUNT CUSTOMER PAID VERSATERM FOR THE SERVICES PURSUANT TO WHICH SUCH LIABILITY AROSE OR IS ASSOCIATED DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM GIVING RISE TO THE LIABILITY AROSE.
NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO DAMAGES ARISING FROM VERSATERM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
18. Insurance.
Versaterm shall secure and maintain insurance coverage throughout the MSA and any Service Schedule in amounts that it deems reasonable in its sole discretion.
19. Termination.
In addition to any other rights or remedies hereunder:
19.1. Versaterm reserves the right to terminate this MSA or any Service Schedule for convenience by providing thirty (30) days written notice to the Customer;
19.2. Versaterm may terminate this MSA and/or any Service Schedule at any time on giving Customer notice in writing if: (i) Customer infringes any copyright or other Intellectual Property Right or other industrial or proprietary right of Versaterm; (ii) in Versaterm’s reasonable judgment, Customer’s use of the Software poses a security risk to the Software or any third party; (iii) Customer fails to pay in full any sum owed by it under this MSA or Service Schedule within thirty (30) days of the due date therefor; or (iv) Customer fails to observe or perform any other material obligation or covenant required to be observed or performed by it under this MSA or Service Schedule, and solely in the case of (iv) above, such failure continues for a period of thirty (30) days after delivery of written notice by Versaterm to Customer requiring Customer to cure such failure.
19.3. In the event Customer becomes unable to pay future amounts due under any Service Schedule or SOW due to a material reduction in or cancellation of public funding, Customer may terminate the applicable Service Schedule or SOW upon thirty (30) days’ written notice to Versaterm, and Versaterm shall be entitled to retain any advance payments made by Customer to Versaterm.
19.4. Subject to applicable law, Customer may terminate this MSA immediately upon giving written notice to Versaterm if Versaterm: (i) makes any general assignment for the benefit of creditors or otherwise enters into any composition or arrangement with its creditors; (ii) is unable to pay its debts as they mature; (iii) has a receiver and/or manager appointed over its assets or an application is made to do so; (iv) becomes bankrupt or insolvent or commits an act of bankruptcy or (v) Versaterm fails to observe or perform any other material obligation or covenant required to be observed or performed by it under this MSA or Service Schedule, and solely in the case of (v) above, such failure continues for a period of thirty (30) days after delivery of written notice by Versaterm to Customer requiring Customer to cure such failure.
20. Orderly Termination
20.1. Upon any termination or other expiration of a Service Schedule or SOW or this MSA, each Party shall forthwith return to the other Party all Confidential Information, documentation, papers, material, and other property of the other Party in its possession or control.
20.2. In addition to the obligations in Section 20.1 above, upon termination of a Service Schedule or upon expiration of the License Term for Software which is not renewed in accordance with the Service Schedule, Customer shall:
20.2.1. immediately discontinue use of the Licensed Materials;
20.2.2. ensure that all Persons using the Licensed Materials pursuant to this MSA cease all use thereof;
20.2.3. promptly (and in any event within five (5) days) return to Versaterm all copies of the Licensed Materials in its (or any Authorized Users’ or other Persons’ to whom it provided access to any Licensed Materials) possession or control;
20.2.4. permanently erase all Licensed Materials, in whole or in part, from all computer systems, storage devices and other electronic recording systems in Customer’s possession or control and cause each Authorized User and each other Person to whom it provided access to any Licensed Materials to do the same;
20.2.5. deliver within thirty (30) calendar days of such termination or expiration a certificate certifying that Customer and all such Persons to whom Customer has provided access to any Licensed Materials have complied with the terms of this Section 20.2, as applicable; and
20.2.6. pay Versaterm the full amount of any charges outstanding, including for any Professional Services performed, as of the date of termination, if any, whether invoiced or not (including any amounts due as late payment charges), and all other monies owing to Versaterm.
21. Suspension
If Customer has materially violated the MSA or any Service Schedule, including failure to pay any Fees or any portion thereof when due (other than invoiced amounts disputed in good faith pursuant to Section 8(f)), Versaterm may immediately suspend Customer's and each of its Authorized Users' right to access or use any Licensed Materials (including access to the Versaterm Platform) or receive any Services.
22. Relationship
This MSA and each Service Schedule and SOW are agreements between separate legal entities and neither Party is the agent, employee, or partner of the other for any purpose whatsoever. The Parties do not intend to create a partnership or joint venture between themselves. Neither Party shall have the right to bind the other to any Service Schedule with a third-party or to incur any obligation or liability on behalf of the other Party.
23. Notices.
Unless specified otherwise in a Service Schedule, all notices, requests, demands and other communications under this MSA and each Service Schedule shall be in writing and shall only be duly given:
23.1. on the date of sending if sent by email to the email address indicated in Section 23.2; or
23.2. on the third business day after posting if sent, during normal postal conditions, by registered or certified mail to the Party for which it is intended and addressed as follows:
To Versaterm at:
Versaterm Public Safety US, Inc.
1 North MacDonald, Suite 500
Mesa, Arizona, USA
85201
Attention: Legal Department
E-mail: [email protected]
With copy to:
Versaterm Public Safety Inc.
1331 Clyde Avenue, Suite 400
Ottawa, Ontario, Canada
K2C 3G4
To Customer at:
Tulare Police Department (CA)
260 South M Street, Tulare, CA 93274, United States
Attention: Greg Merrill
Email: [email protected]
24. Waiver.
Any waiver of, or consent to depart from, the requirements of any provision of this MSA or a Service Schedule or SOW shall be effective only if it is in writing and signed by the Party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of any Party to exercise, and no delay in exercising, any right under this MSA shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. No amendment or variation to this MSA shall be effective unless signed in writing by both Parties.
25. Assignment.
Customer may not assign any rights or benefits under this MSA (including any Service Schedules or SOWs), in whole or in part, to any Person without the express prior written consent of Versaterm. Versaterm may assign its rights and benefits under this this MSA (including any Service Schedules or SOWs) to any Person by providing written notice to the Customer and may contract with any other Person to perform its obligations under this MSA (including any Service Schedules or SOWs) without obtaining Customer's consent to any such contract.
Notwithstanding the foregoing, Versaterm may assign its rights and benefits under this MSA (including any Service Schedules or SOWs) to any Person without providing written notice to the Customer if such assignment is due to a corporate restructure, merger, or acquisition.
26. Force Majeure.
Except as expressly provided otherwise in a Service Schedule, dates and times by which Versaterm or Customer is required to render performance (other than dates and times for payment of money) under a Service Schedule or SOW shall be postponed automatically to the extent and for the period of time that Versaterm or Customer, as the case may be, is prevented from meeting them by reason of any causes beyond its reasonable control, provided the Party prevented from rendering performance notifies the other Party promptly and in detail of the commencement and nature of such a cause, and provided further that such Party uses its commercially reasonable efforts to render performance in a timely manner utilizing to such end all resources reasonably required in the circumstances, including obtaining supplies or services from other sources if same are reasonably available.
27. Severability.
If any provision of this MSA or any Service Schedule or SOW is determined to be invalid or unenforceable by a court of competent jurisdiction from which no further appeal lies or is taken, that provision shall be deemed to be severed herefrom, and the remaining provisions of this MSA, Service Schedule or SOW shall not be affected thereby and shall remain valid and enforceable.
28. Survival.
All obligations accrued to the date of termination as well as the Sections of this MSA listed below shall survive the termination of this MSA and any Service Schedule or SOW made pursuant to this MSA for as long as necessary to permit their full discharge: 1, 4.2, 6, 8, 9, 10, 13, 14, 15, 16, 17, 20, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42.
29. Headings
Section headings used in this MSA or any Service Schedules or SOWs are for convenience of reference only and shall not be construed as defining, limiting, or describing the scope or intent of this MSA or of the Service Schedule or SOW, as applicable.
30. Currency
Unless otherwise specified, all references to monetary amounts, including the symbol "$", are in respect of American Dollars.
31. Benefits
This MSA and any Service Schedule or SOW made pursuant to this MSA shall be binding upon and ensure to the benefit of the Parties and their respective successors and permitted assigns.
32. Interpretation
In this MSA and each Service Schedule, words in the singular number include the plural and vice versa; words in the masculine gender include the feminine and neutral genders.
33. Good Faith Discussions
Prior to the commencement of any legal proceeding under this MSA or any Service Schedule or SOW, all claims must be raised for good faith discussion between authorized representatives of both Parties with authority to resolve the dispute. Should the claims not be resolved within thirty (30) days of the date of the first request such discussion, each Party shall be free to pursue its legal remedies pursuant to the terms of this MSA.
34. Amendments.
None of this MSA, and Service Schedule or any SOW shall be changed or amended except in writing by an amendment executed by authorized representatives of each Party.
35. Governing Law.
This MSA, each Service Schedule and each SOW as well as any matters relating to this MSA, any Service Schedule or any SOW, shall be construed and governed by and in accordance with the laws of the [State/Province] of [Customer Jurisdiction] and the applicable federal laws of [Country] (excluding any conflict of laws rule or principles that might refer such construction to the laws of another jurisdiction).
36. Entire Agreement.
36.1. This MSA, together with each Service Schedule and SOW and all schedules attachments and exhibits hereto and thereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof. All prior agreements, negotiations, undertakings, and discussions, whether oral or written, are superseded by this MSA and there are no warranties, representations, or covenants between the Parties in connection with this MSA, except as specifically set forth or referred to in this MSA.
36.2. Each Party acknowledges that it has not been induced to enter into this MSA or any Service Schedule by any representations, warranties or covenants not expressly stated herein or therein.
36.3. The Parties agree that any terms or conditions set forth in a purchase order, acknowledgement or any other document or response issued by Customer shall not apply to this MSA or any Service Schedule or SOW shall be deemed automatically rejected by Versaterm without need of any further or additional notice of rejection and void and of no effect.
37. Consultants and Agents.
Customer shall ensure that its employees, consultants, contractors and agents comply with the terms and conditions of this MSA and any Service Schedule or SOW to the extent that such Persons are entitled or obligated under the terms hereof or thereof to exercise any rights or perform any obligations hereunder or thereunder. Customer shall be responsible for the actions of all such employees, consultants, contractors and agents.
38. Publicity/Press Releases.
Versaterm may reference the existence of this MSA and the business relationship between the Parties for the purposes of: (a) issuing press releases to announce the beginning or continuation, as applicable, of the business relationship between the Parties; or (b) referencing Customer as a customer of Versaterm including in Versaterm’s customer list and other marketing materials.
39. Counterparts.
This MSA, any Service Schedule and any SOW or part thereof or attachment thereto may be executed in any number of counterparts and by exchange of signature pages by electronic mail or by any other electronic means. Each executed counterpart will be deemed to be an original.
All executed counterparts taken together will constitute one agreement. The execution of this MSA, any Service Schedule or SOW by electronic mail or by any other electronic means shall be deemed to constitute effective execution of this Agreement as to the parties hereto. Such electronic signatures may be used by the parties in lieu of the original signature page[s] of this MSA, any Service Schedule or SOW for any and all purposes.
40. United Nations.
Pursuant to Article 6 of the United Nations convention on contracts for the International Sale of Goods ("UN Convention"), the Parties agree that the UN Convention shall not apply to this MSA.
41. Extending pricing
Subject to Versaterm’s discretion, Customer may extend pricing, terms and conditions of this Agreement to other governmental entities that have signed an intergovernmental agreement with the Customer to be system users.
42. Language
The Parties have expressly required that this MSA and all documents and notices relating hereto be drafted in English. Les parties aux présentes ont expressément exigé que la présente convention et tous les documents et avis qui y sont afférents soient rédigés en anglais.
Agreed to and on behalf of:
Versaterm Public Safety US, Inc.: Tulare Police Department (CA):
By:
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nature_RIFAc0w]
By: [counterpartySignerSignature_AnUsHXG]
(Signature) (Signature)
Name:
[versatermAuthorizedSigningOfficerSig
nerName_5swBzZc] Name: [counterpartySignerName_Nuzbmpt] (Printed Name) (Printed Name)
Title:
[versatermAuthorizedSigningOfficerSig
nerTitle_cvSpu0w] Title: [counterpartySignerTitle_zO2TmBN] Date:
[versatermAuthorizedSigningOfficerDat
eField_rmfDatD] Date:
[counterpartySignerDateField_MPdHBmH
]
Versaterm Public Safety US, Inc.
(referred to hereafter as “Versaterm”)
1 North MacDonald, Suite 500
Mesa, Arizona USA
85201
Email address for notices:
[email protected]
SERVICE SCHEDULE
Tulare Police Department (CA)
260 South M Street, Tulare, CA 93274, United
States
[email protected]
(referred to hereafter as “Customer”)
Invoices shall be sent to
260 South M Street, Tulare, CA 93274, United
States
Attention: Tulare Police Department (CA)
Email: [email protected]
Is a purchase order required? No
Initial Subscription Term: 36 months commencing upon Provisioning Item Quantity Price per
Unit
Discount Net Total
Professional fees
CommunityReport,
Onboarding,
Service,
Professional
Service
1 $60,000.00 25% $45,000.00
YEAR 1 – Subscription Fees
CommunityReport
Application Service
Subscription
(Cloud)Per Sworn
79 $138.00 $10,902.00
CommunityReport
Application Service
Subscription
(Cloud) Per Agency
1 $10,000.00 $10,000.00
YEAR 2 – Subscription Fees
CommunityReport
Application Service
Subscription
(Cloud)Per Sworn
1 $11,447.10 $11,447.10
CommunityReport
Application Service
Subscription
(Cloud) Per Agency
1 $10,500.00 $10,500.00
YEAR 3 - Subscription Fees
CommunityReport
Application Service
Subscription
(Cloud)Per Sworn
1 $11,025.00 $11,025.00
CommunityReport
Application Service
Subscription
(Cloud) Per Agency
1 $12,019.45 $12,019.45
Discount
CommunityReport,
Promotional
Discount
1 $-13,178.71 $-13,178.71
Total: $97,714.84
The amounts indicated above are exclusive of sales taxes
INVOICING/ADDITIONAL PAYMENT TERMS
The onboarding professional fees and the Subscription Fees for the entire Initial Subscription Term (the entire 3-year term) shall be due and payable upon Provisioning. Versaterm will issue an invoice to the Customer at the time of Provisioning. Notwithstanding any provisions to the contrary in this Service Schedule or MSA, all Subscription Fees paid for the Initial Subscription Term are nonrefundable.
SPECIFIC SUBSCRIPTION SERVICES/SERVICES
The following terms apply to the software and service(s) identified above.
CaseService
1. Service Level Agreement
A) Up-time Availability. During the Subscription Term, the Software identified in the section below will be operational and available to the Customer with commercially reasonable effort to achieve continuous operation and availability. Notwithstanding the foregoing, Versaterm makes no guarantees of continuous operation or availability, and there may be occasions when the Software is unavailable.
B) Downtime. Customer agrees that from time to time the Subscription Service may be inaccessible or inoperable for various reasons, including (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Versaterm may undertake from time to time; or (iii) causes beyond the control of Versaterm or which are not reasonably foreseeable by Versaterm, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures, or failures or issues experienced by the Hosting Providers of and not related to the Software or Versaterm (collectively “Downtime”). Versaterm shall use commercially reasonable efforts to provide twenty-four (24) hour advance notice to Customer in the event of any scheduled Downtime.
Versaterm shall have no obligation during the performance of such operations to mirror Customer Data on any other server or to transfer Customer Data to any other server.
Versaterm shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Subscription Service in connection with Downtime, whether scheduled or not.
C) Customer will provide a means to redirect calls away from the Subscription Service during any such downtime so callers can still reach appropriate resources for assistance within the Customer organization.
2. Customer Support
A) Customer’s internal support team shall be the first point of contact for Authorized Users and for contacting Versaterm pursuant to paragraph A of the Response Times section below. If Customer’s internal support team is able to reproduce the support issue in the applicable operating environment and verify that the support issue is in fact in the Subscription Service, and not elsewhere (e.g. device or network related), Customer’s internal support team may then then contact Versaterm.
B) Versaterm shall establish, sufficiently staff, and maintain the organization and processes necessary to provide telephone and/or email-based technical support, troubleshooting, error identification, isolation and remediation, and other assistance directly to the Customer and its Authorized User in accordance with the Response Times section below.
C) Versaterm will provide Customer with the necessary resource(s) containing information that can aid in problem and error resolution and correction, as well as any other technical resources made electronically available to any of Versaterm’s other customers.
3. Response Times
A) Customer may raise a support issue with Versaterm – Case Service product group, by e-mail [email protected] or phoning 613-820-0311. In accordance with section C of this section, Versaterm shall endeavor to respond in a timely fashion.
B) Versaterm is deemed to have responded when it has replied to the Customer’s initial request.
This may be in the form of an email or telephone call, to either provide a solution, request further information, or propose an ETA for a solution. The initial response times depend on the priority of the item(s) affected and the severity of the issue.
C) Customer acknowledges Versaterm will provide customer support during business days being Monday to Friday excluding statutory holidays observed in the Province Ontario (“Business Day”) between the hours of 8:30 a.m. EST and 5:00 p.m. EST (“Hours of Operation”). Customer may leave message after Hours of Operation and, Versaterm shall return Customer’s call the next Business Day.
4. Resolution Times
A) Versaterm shall use reasonable commercial efforts to resolve problems promptly; however, depending on the nature and cause of the problem the resolution time may vary significantly.
5. Long Term Storage Fees
A) As part of the Subscription Service call-related records are stored for no more than sixth months. Audio and transcripts can be downloaded from the Versaterm Platform at any time during the Subscription Term.
6. Additional Terms.
A) Below are the available report types for CommunityReport standard NIBRS offering. Versaterm will work with your agency to review and configure the desired report types for your installation from the list below. Any other report types not listed shall be scoped and priced separately.
This “Service Schedule” is entered into as of , the date of the last signature set forth on the signature page hereto (the “Effective Date”), by and between Versaterm Public Safety US, Inc. and Customer.
The Service Schedule and its schedules (if applicable) are incorporated into that certain Master Software and Services Agreement between Customer and Versaterm ("MSA"). The terms and conditions that are specific to this Service Schedule are set forth herein. In the event of a conflict between the provisions of this Service Schedule and the Master Agreement, the provisions of Section 2 a) of the MSA shall control such conflict. Each person signing this Service Schedule has the full authority to execute this Service Schedule.
Versaterm Public Safety US, Inc.: Tulare Police Department (CA):
By:
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Name:
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(Printed Name) (Printed Name)
Title:
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ficerSignerTitle_50n5h5R] Title:
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Date:
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05.20.25tg
Exhibit B – Insurance Requirements
CSJVRMA Category 1 Technology Professional Services
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein.
i. Commercial General Liability.
a. 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. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided the City.
c. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. d. Coverage shall contain a waiver of subrogation in favor of the City.
ii. Business Automobile Liability. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident.
iii. Workers’ Compensation and Employers’ Liability – Statutory. Consultant shall maintain Workers’ Compensation Insurance 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. Proof of Worker’s Compensation is not required if Consultant provides written verification that they have no employees. iv. Cyber Liability Insurance.
a. Cyber Liability Insurance with limits not less than $1,000,000 per claim.
05.20.25tg
b. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
c. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
v. All Coverages.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
b. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
c. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
d. Evidence of Insurance - Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies if requested by the City.
e. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. vi. Ancillary Coverages.
a. Professional Liability Insurance. Contractor 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 Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
05.20.25tg
Exhibit C – Consultant Certificate of Insurance
SOLE/SINGLE SOURCE REQUEST
A. PRODUCT/SERVICE SUMMARY:
Procurement of Versaterm CommunityReport for automating citizen engagement for nonemergency police-related incidents: Purchase of an annual subscription for this system that enables our department to computerize community interactions for non-emergency calls via a phone, a web page, or mobile apps. We will use CommunityReport as an alternative for those non-emergency calls that come in via 911 (or other means), from citizens who need policing services, but can be served via this automation rather than patrol staff. This multilingual system uniquely enables successful citizen incident reporting for non-emergency calls in order to immediately serve citizens, optimize staffing in patrol operations, and reduce the workload for 911 communications staff.
B. REQUEST FOR:
1. SOLE SOURCE: The supply of this service is so uniquely qualified that it is only available from a solitary source.
2. SINGLE SOURCE: The supply of this service is only available from this vendor.
3. SOLE BRAND: This is a specified service that has unique specifications to successfully meet the needs of the department and no alternate brands are acceptable.
4. STANDARDIZATION: This is the procedure of maintaining methods as constant as possible because of measurable benefits to the department and/or agency.
1. EXPLANATION OF UNIQUE QUALIFICATION (SOLE SOURCE):
Our department desires to establish alternative ways to serve our citizens who call in for assistance in filing official reports for non-emergency incidents. Unlike all other vendors who only offer an online (web form) option for citizens, CommunityReport enables computerized reporting for a much greater percentage of citizen calls by providing 1) interactive voice hand-off, 2) a superior web-portal, 3) reports initiated via text message, and 4) robust mobile apps for iOS. This gives most citizens at least one effective and immediate way to start and accurately complete a report submission without the need for a patrol response.
CommunityReport also uniquely provides advanced features that reduce the time required of department staff who must finalize and approve these submissions before going to records. CommunityReport also uniquely includes dynamic analytics that perform real-time checks of citizen responses and can send urgent notifications when a patrol response is in fact appropriate. All CommunityReport reporting methods are multilingual allowing most citizens to begin a non-emergency submission with the technology of their choosing: voice, web, or mobile app. The provider of CommunityReport (Versaterm), holds the US patent for this unique solution.
2. EXPLANATION OF UNIQUE AVAILABLE SOURCE (SINGLE SOURCE):
The supply of CommunityReport is only available from this vendor Versaterm. This department has information about a vendor (LexisNexis-CopLogic), who only offers an online web-form product (DORS), with no option for engagement by voice or native mobile applications.
3. EXPLANATION OF UNIQUE SPECIFICATIONS (SOLE BRAND):
CommunityReport is produced and delivered by Versaterm who holds the U.S. Patent for this technology, and that patent is exclusive to the hand-off of a citizen by dispatch/communications staff to technology for an automated report submission.
4. EXPLANATION OF CONTINUING NEED (STANDARDIZATION):
CommunityReport is licensed on an annual subscription basis. Support costs are included in the annual subscription. The percentage of citizen interactions that can be completed via this automated system--as opposed to sending a patrol unit to handle the call--is estimated to be at least 20% of all citizen calls. Without this CommunityReport solution, that percentage is estimated to be less than 5% with an online web-form system. For each report, the estimated direct cost to send a unit, is $40 more than when automated using this system, yielding substantial value annually. Additional soft benefits to the City/County and the department follow from improved responsiveness to citizens, the reallocation of patrol resources to priority calls and greater opportunity for proactive policing.
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
APPROVING FISCAL YEAR 2026 BUDGET ADJUSTMENTS
WHEREAS, on June 17, 2025, the City Council of the City of Tulare adopted the Fiscal Year 2026 Budget following a public hearing; and
WHEREAS, from time to time it is necessary to amend said budget; and WHEREAS, budget amendments must be made by City Council Resolution; and WHEREAS, the City Council now desire to make an amendment to said budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Council of the City of Tulare approves an amendment to the Fiscal Year 2026 Budget authorizing an appropriation of $50,000 from the Technology Reserve from General CIP Fund (Formally Fund 603 Technology CIP) to Police Department operating account.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 4th day of November 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 Wilcox, Chief Deputy City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: Human Resources
Submitted by: Thomas W. Gaffery IV, Assistant City Manager Agenda Title: TPFA Management & Non-Management Side Letters
RECOMMENDED ACTION
Approve a Side Letter of Agreement with the Tulare City Professional Fire Fighters Association Management and Non‐Management Bargaining Groups to modify the “Minimum Staffing” sections of their respective Memoranda of Understanding (“MOU”) and authorize the City Manager to execute said side letter.
SUMMARY
This Side Letter has been developed in response to, and resolution of, a grievance filed related to the minimum staffing MOU language and corresponding department policy. The Side Letter clarifies when “acting” positions may be used, and when the Engineer/Paramedic will receive an “acting” stipend.
FISCAL IMPACT & FUNDING SOURCES
Staff anticipate this action being cost-neutral.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
This side letter has been reviewed by the City Attorney’s office.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Side Letter
Reviewed/Approved: TG
Item #: 10.12
Consent
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF TULARE AND THE
TULARE CITY PROFESSIONAL FIRE FIGHTERS ASSOCIATION
(MANAGEMENT AND NON-MANAGEMENT UNITS)
The City of Tulare (“City”) and the Tulare City Professional Fire Fighters Association (Management and Non-Management Units (collectively, “TPFA”) have met to discuss a grievance filed on June 10, 2025 regarding minimum staffing.
The City and TPFA agree that the minimum staffing provisions contained in the TPFA Management MOU (Section XV.U) and in the TPFA Non-Management MOU (Section XV.T) shall be revised to read as follows. The City and TPFA further agree that these revisions are a satisfactory settlement to the June 10, 2025 grievance.
Denotes deletions.
Denotes additions.
U. MINIMUM STAFFING
1. Minimum staffing is necessary for the efficient operations of the City of Tulare Fire Department. The safety of citizens and suppression personnel is paramount, and its necessity dictates this portion of the policy. The City recognizes that all fire suppression resources will be staffed with a Fire Manager and each shift will be supervised by a Division Battalion Chief.
2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.
The minimum staffing for the City of Tulare Fire Department is as follows:
a. Twelve (12) suppression personnel (based on four companies) i. Five (5) personnel at Station #61
ii. Three (3) personnel at Station #62
iii. Three (3) personnel at Station #63
iv. One (1) Division Battalion Chief
b. The minimum staffing must include (based on four companies) i. One (1) Division Battalion Chief
ii. Four (4) Fire Captains
iii. Four (4) Fire Engineers
iv. Four (4) Eight (8) CCEMSA Licensed Paramedics (one two of each of four companies)
v. v. Acting positions may be used to satisfy this requirement, but all personnel acting out of class must have completed the required training certification for the position as approved by Human Resources. Acting positions may be used to satisfy this requirement. Of the four (4) Captain positions in daily staffing, two (2) must be filled with fulltime company officers. All personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. One (1) Fire Captain
ii. One (1) Fire Engineer
iii. One (1) Firefighter/Paramedic
d. T-65 Station #61 must be staffed with (at a minimum):
i. One (1) Fire Captain
ii. One (1) Fire Engineer
e. Staffing of personnel above the 12-person minimum manning pattern will be at the sole discretion of the Fire Chief and he/she should closely follow NFP A 1710 recommendation on apparatus staffing. At no time will staffing of a "first-out" apparatus be less than one (1) Captain, one (1) Engineer and one (1) Firefighter/Paramedic.
f. When the staffing of a “first-out” apparatus does not include a Firefighter/Paramedic and the Engineer/Paramedic is required to perform the role of primary paramedic for longer than ten (10) hours, the Engineer/Paramedic will be compensated $75 for that 24-hour shift.
This Side Letter shall automatically expire on March 2, 2028 and the Minimum Staff language shall revert to the previously adopted MOU language, unless otherwise agreed upon by the City and TPFA.
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CITY OF TULARE: TPFA (MANAGEMENT):
Janie Venegas Josh Ryan
Human Resources Director President
Marc Mondell Eric Ferreira
City Manager
APPROVED AS TO FORM: TPFA (NON-MANAGEMENT):
Christina D. Smith Jarryd Carvalho
Deputy City Attorney
ATTEST:
Marc Mondell, City Clerk Joseph Garcia
Melissa Wilcox
Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: November 4, 2025
Department: General Services
Submitted by: Manny Correa, General Services Director
Agenda Title: Illegal Disposal Sites Abatement Grant
RECOMMENDED ACTION
Adopt a resolution authorizing staff to submit an application for the Illegal Disposal Sites Abatement Grant Program FY 2025-26 Cycle 104.
SUMMARY
The City of Tulare is seeking grant funding to address three high‐priority illegal dumping sites located at Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East. Each site presents a clear and ongoing threat to public health, safety, and the environment due to the accumulation of solid waste, construction debris, furniture, and discarded tires. The Bardsley and I Street site is adjacent to residential properties and the Bardsley Canal, where illegal dumping of bulky items and refuse poses fire hazards, attracts vermin, and risks contaminating stormwater that flows into the canal. The Elk Bayou Park Curve and Elk Bayou Park East sites are located along the Elk Bayou corridor and have experienced repeated dumping of green waste, household materials, and tires directly adjacent to a natural waterway and public recreation areas. These conditions degrade water quality, obstruct public access, and create visual blight that deters community use of the park. Collectively, the three sites impact both residential neighborhoods and public open spaces that are intended for community recreation and environmental benefit.
FISCAL IMPACT & FUNDING SOURCES
A total of $236,967.82 is being requested through the grant application. If awarded the grant, a grant account for the appropriation of funds in this amount would be created to track eligible expenses against the grant award.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
However, the clean-up activities funded by the grant are exempt from CEQA pursuant to Section 15302 of the State CEQA Guidelines.
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any potential conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If the resolution authorizing staff to submit the application for the grant is not adopted, the State will not be able to award grant funds supporting abatement of the identified illegal disposal sites in the city.
Item #: 10.13
Consent
ATTACHMENTS
1. Grant Application Materials
2. Resolution
Reviewed/Approved: TG
Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 1 Narrative Proposal
Illegal Disposal Site Abatement Grant Program
Fiscal Year 2025–26
The Narrative Proposal document describes the details of your proposed project.
The response size for each section is limited to 2,500 characters and cannot be expanded. Utilizing a document form other than the official CalRecycle versions, tampering with the CalRecycle version, or otherwise circumventing imposed character limits will subject the Applicant to disqualification from the grant program.
Each section of this form must have a response. Ensure your narrative responses are concise, detailed, and most importantly, address each of the criteria below. After you complete this document, save it to your computer and upload it to your GMS application's Documents tab.
You may upload additional scoring documents needed for your application. These documents may include reports, investigations, drawings, specifications, and other materials. The maximum file size is 35 megabytes (MB). If your document is larger than 35MB, mail it to CalRecycle.
Steve Santa Croce
CalRecycle, Engineering Support Branch
1001 I Street
MS-10A
Sacramento CA 95814
Mailed documents should be 8.5 inches by 11 inches, on 100 percent recycled content paper, and double-sided. Furnish any engineering drawings, preferably on 11 inches by 17 inches paper, but not on paper larger than 24 inches by 36 inches.
Refer to the Application Guidelines and Instructions for more information on completing this Narrative Proposal document.
Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 2 Applicant Name:
Substantiation of Threat to Public Health and Safety and/or the Environment (15 points)
Describe the project(s) and efforts taken to demonstrate the threat to Public Health and Safety and/or the Environment. Include documentation such as site investigation reports and regulatory inspections, investigations, and enforcement orders.
If grant funds will be used to clean up private parcels, County and/or City applicants must have completed their enforcement case process to the point of holding a public hearing in a local administrative abatement and/or judicial proceeding, utilized to compel the owner(s) to abate or face an order in the proceeding authorizing the County and/or City to do so. In cases where the applicant is a County and/or City Department acting in its capacity as the Solid Waste Local Enforcement Agency (LEA), the LEA must have completed their enforcement case process to the point of having obtained a final, not further appealable Notice and Order to remediate, under which the owner(s) has failed to comply by the prescribed deadline. Applications where grant funds will be used on private property and a public hearing has not been held, or the LEA does not have a final order, will be deducted three points. This does not apply to work on public property. (Limit: 2,500 characters) The City of Tulare is seeking grant funding to address three high‐priority illegal dumping sites located at Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East. Each site presents a clear and ongoing threat to public health, safety, and the environment due to the accumulation of solid waste, construction debris, furniture, and discarded tires. The Bardsley and I Street site is adjacent to residential properties and the Bardsley Canal, where illegal dumping of bulky items and refuse poses fire hazards, attracts vermin, and risks contaminating stormwater that flows into the canal. The Elk Bayou Park Curve and Elk Bayou Park East sites are located along the Elk Bayou corridor and have experienced repeated dumping of green waste, household materials, and tires directly adjacent to a natural waterway and public recreation areas. These conditions degrade water quality, obstruct public access, and create visual blight that deters community use of the park. Collectively, the three sites impact both residential neighborhoods and public open spaces that are intended for community recreation and environmental benefit.
City staff have conducted multiple field assessments and documented extensive debris at each location, confirming that the sites require immediate remediation to prevent further deterioration and environmental harm. The sites are publicly owned and maintained by the City of Tulare, with no identifiable responsible party for the waste. Public Works crews have removed smaller accumulations in the past; however, without permanent deterrents such as fencing, signage, and barriers, illegal dumping has continued to recur. The proposed project will remove an estimated several hundred cubic yards of waste from these public parcels, reduce fire and vector hazards, and restore safe, clean, and visually appealing public spaces. The cleanup will directly protect nearby waterways and residential areas from contamination and improve community health and safety throughout the Elk Bayou corridor.
Substantiation of Threat documentation is uploaded to the Documents tab of GMS, if applicable
Substantiation of Threat documentation is mailed to CalRecycle Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 3 Substantiation of Financial Need for Grant Funds (15 points) Demonstrate the need for funding. If the Applicant is the owner or responsible party, upload financial statements, independent audits, statement of facts, etc., to the Documents tab of your GMS application. If the owner or responsible party is unable or unwilling to pay for timely and proper remediation, submit evidence of inability or unwillingness. If the site is abandoned (i.e., no owner or responsible party), submit proof of abandonment. List availability of other appropriate federal or state enforcement and/or cleanup programs to remediate the site. (Limit: 2,500 characters) The City of Tulare is requesting grant assistance because the illegal dumping sites at Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East exceed the City’s available resources for cleanup and longterm prevention. These sites are located on publicly owned land managed by the City’s Public Works and Parks and Recreation Departments. There are no identifiable responsible parties, and all evidence indicates that the dumping has occurred over time from multiple unknown sources. As such, the City cannot pursue cost recovery and is requesting a waiver in accordance with CalRecycle’s cost recovery guidelines for projects conducted on public property maintained for public benefit.
The City operates under a constrained general fund that prioritizes essential services such as police, fire, and street maintenance. While staff respond to smaller illegal dumping incidents through routine operations, the volume and persistence of dumping at these three sites require heavy equipment, specialized hauling, and disposal services that exceed available operating budgets. The City does not have a dedicated funding source for large-scale abatement or capital improvements to deter dumping such as fencing or access barriers. Without external assistance, these cleanup activities would be delayed indefinitely, allowing waste accumulations to worsen and increasing the potential for fire, water contamination, and vector-borne health risks.
No other federal or state programs are available to address this type of localized solid waste abatement on public property. Programs such as Caltrans Clean California focus on state rights-of-way, and enforcement-driven cleanups by the County Environmental Health Division are limited to private property violations. CalRecycle’s Illegal Disposal Site Abatement Grant represents the only viable mechanism to restore these City-owned sites, protect nearby waterways and neighborhoods, and implement preventative infrastructure to reduce future dumping.
Substantiation of Financial Need document(s) is uploaded to the Documents tab of GMS, if applicable
Substantiation of Financial Need document(s) is mailed to CalRecycle, if applicable Goals and Objectives (5 points)
Describe the goals and objectives for accomplishing the project(s).
Examples include but are not limited to improvements to public health and safety and/or the environment, recycling and/or reuse of recovered materials, cost savings, restoration of land to beneficial uses, implementation of methods to prevent or minimize recurrence of problems corrected by this project, and cost recovery. (Limit: 2,500 characters) Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 4 The goal of this project is to restore three public sites within the City of Tulare that have been persistently affected by illegal dumping and to implement long-term deterrents that protect community health, safety, and environmental quality. The City aims to remove accumulated solid waste, tires, furniture, and debris from the Bardsley and I Street site, Elk Bayou Park Curve, and Elk Bayou Park East, and to return these public spaces to safe and beneficial use for residents and park visitors. The project will eliminate hazards that contribute to vector breeding, fire risk, and waterway pollution while improving the visual character and usability of these sites.
The primary objectives are to (1) remove an estimated several hundred cubic yards of debris from the three project sites using qualified contractors and City oversight, (2) recycle or reuse all feasible materials including green waste and scrap metal, (3) restore disturbed areas through grading and revegetation where necessary to prevent erosion, (4) install fencing, signage, or other access barriers to deter future dumping, and (5) increase public awareness through visible deterrent infrastructure and educational signage in coordination with local partners. The City will coordinate with the Sequoia Community Corps to provide labor support where possible, thereby advancing workforce training opportunities for local youth while maximizing project cost-effectiveness.
Through this cleanup and prevention effort, the City will protect the Elk Bayou waterway, reduce illegal dumping in nearby neighborhoods, and improve environmental stewardship of public open space. The project supports Tulare’s broader goals of promoting a clean, safe, and sustainable community and aligns with CalRecycle’s mission to protect public health and conserve natural resources.
Work Plan (15 points)
Describe the specific procedures or tasks used to complete the project(s), including measurable targets or milestones. Eligible and ineligible tasks must be itemized separately.
Scope of work includes major work items, personnel and qualifications, use of contractors and/or consultants, field supervision, health and safety requirements, project implementation schedule, testing, bonds, permits, cost recovery, etc. (Limit: 2,500 characters)
Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 5 The City of Tulare will implement a structured work plan to complete cleanup and restoration of the three identified sites: Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East. The project will be managed by the Public Works Department with oversight by a City Project Manager experienced in field operations and environmental compliance. Qualified contractors will be procured through a competitive process to perform hauling, equipment operation, and disposal services. The Sequoia Community Corps will assist with debris removal, vegetation management, and minor site restoration to provide cost savings and local workforce benefits.
Major Work Items and Tasks:
1. Mobilization and Site Preparation: Secure access, verify boundaries, and conduct a safety briefing. Post temporary signage notifying the public.
2. Debris Removal and Disposal: Collect, sort, and haul solid waste, debris, and tires from all sites.
Recyclable materials such as green waste and scrap metal will be diverted where feasible.
3. Site Restoration: Grade disturbed areas to restore drainage and prevent erosion. Conduct limited replanting or hydroseeding where necessary.
4. Prevention Measures: Install fencing, bollards, and “No Dumping” signs to restrict access and deter future dumping.
5. Reporting and Documentation: Prepare before-and-after photos, quantify waste removed, and track costs for CalRecycle reporting.
Schedule and Oversight:
Procurement and mobilization will occur within 90 days of the Notice to Proceed. Cleanup is expected to take two to three weeks per site, followed by installation of deterrents and final inspection. Total duration will be about nine months from award to completion.
Health and Safety and Compliance:
All personnel will follow City safety protocols, wear protective equipment, and handle hazardous materials appropriately. All waste will be disposed of at permitted facilities. The project qualifies for a CEQA categorical exemption as minor cleanup of existing public property.
Create your own Work Plan document and upload it to the documents tab.
Evaluation (5 points)
Describe how the project will be evaluated against the goals, objectives, measurable targets, and milestones.
This includes, at a minimum, an evaluation of the resources used and methods and standards for inspecting, testing, and evaluating the work. Describes how the project benefited from the grant and how the Applicant will continue the efforts after funding has been used. (Limit: 2,500 characters)
Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 6 Project success will be evaluated using measurable outcomes tied to the stated goals and objectives of debris removal, environmental protection, and prevention of future dumping. The City of Tulare will track and document the volume and type of waste removed, the number of workdays and labor hours expended, and the total costs incurred by site and task. Field supervisors will conduct daily inspections during cleanup to ensure contractor performance, safety compliance, and adherence to the approved Work Plan. Quantitative data, including the number of truckloads hauled, cubic yards of debris collected, and tons of material recycled, will be reported in the City’s quarterly progress reports to CalRecycle.
Upon completion of cleanup, City staff will perform a final inspection of each site to verify that all debris has been removed, drainage is restored, and access control measures such as fencing and signage are properly installed. Photographs taken before, during, and after project completion will document visual improvements and serve as a baseline for ongoing monitoring. Staff will also record any issues that may require follow-up maintenance or adjustments to prevent recurrence.
The City will evaluate cost-effectiveness by comparing total expenditures against estimated quantities of debris removed and the extent of site restoration achieved. The project manager will compile lessons learned to refine future illegal dumping response procedures and contracting practices. Following completion, City maintenance crews will conduct quarterly site checks to ensure the deterrent measures remain intact and to remove minor debris accumulations.
This evaluation process will confirm that grant funds were used efficiently and that the cleanup produced lasting public and environmental benefits. The data collected will inform the City’s long-term illegal dumping prevention strategy and support coordination with regional partners such as the Sequoia Community Corps and the County Environmental Health Division to sustain ongoing abatement and outreach activities after grant funding ends.
Budget (20 points)
Provide total project costs in dollars, showing both eligible and ineligible grant costs separately to accomplish the project described in the work plan.
Prevention measures shall be limited to 25 percent of the overall grant amount. Include estimates of overall dollars spent per ton of waste removed and administrative costs as a percentage of the overall project.
Create your Budget document and upload it to the documents tab Letters of Support (5 points)
The Applicant is encouraged to include letters, endorsements, and reports from local constituents, local enforcement agencies, and regulatory/advisory agencies supporting the project. Including a single letter of support will award two out of the five points possible for this scoring category. An Applicant with two or more letters of support will be awarded the full five points. The single letter of support needs to be from an agency with jurisdiction over the site or a pertinent regulatory agency. Other letters of support can be from any other interested parties.
Letters of Support and/or Endorsements are uploaded to the documents tab Department of Resources Recycling and Recovery
(CalRecycle)
Narrative Proposal
Illegal Disposal Site Abatement Grant Program, Fiscal Year 2024–25 7 Use of Conservation Corps (5 points)
Use of the Conservation Corps (state or local) in performing a portion of the grant activities, if appropriate. To receive full points, the Applicant must submit documentation that the Conservation Corps will participate in the grant project.
Use of CCC or LCC documentation is uploaded to the Documents tab of GMS, if applicable
Disadvantaged Communities (5 points)
The proposed project is located within a census tract in the 71–100 percentile range, calculated using the California Communities Environmental Health Screening Tool (CalEnviroScreen 4.0). The Applicant must submit printed output(s) from CalEnviroScreen version 4.0. Projects encompassing more than one census tract will use the average score. (Example: If seven census tracts are submitted in the application with five census tracts in the 0–70 percentile range, a score of zero points will be assigned to each of those five census tracts. If the other two census tracts are in the 71– 100 percentile range, a score of 5 points will be assigned to each of those two census tracts. The average score of the seven census tracts would be 1.42 points, rounded to 2 points. [All average scores will be rounded up to the nearest whole number]. Census tract information for the project area is to be used, not the overall agency’s jurisdictional area.)
CalEnviroScreen version 4.0 output is uploaded to the documents tab, if applicable Prior Program Grant Funding (10 points)
The Applicant has not been awarded a grant under the Solid Waste Disposal and Codisposal Site Cleanup Programs during the current and/or previous four fiscal years.
Grant funds were not awarded in FYs 2021–2022, 2022–2023, 2023–24, and 2024–25
City of Tulare Illegal Dumping Abatement Project
Work Plan
Project Overview:
The City of Tulare will abate three priority public sites with chronic illegal dumping:
Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East. Activities will include mobilization, debris removal, proper waste disposal, site restoration, and installation of prevention infrastructure. The City’s Public Works Department will lead implementation, in partnership with the Sequoia Community Corps (SCC), a certified Local Conservation Corps that provides paid job training to young adults through handson environmental projects. SCC crews will participate in cleanup operations, debris sorting, and fence and signage installation under City supervision, providing valuable workforce development benefits while expanding cleanup capacity.
1. Site Description and Access
All three sites are City-owned and maintained. Access for cleanup and installation is fully authorized under municipal ownership. Each site presents public safety and environmental hazards due to chronic dumping of bulky waste, tires, and green waste.
2. Major Work Items and Tasks
Task Description Eligible
for Grant Lead/Partners
1. Mobilization &
Site Preparation
Conduct pre-cleanup inspections,
secure staging areas, post safety
signage, and coordinate volunteer
and SCC schedules.
Yes Public Works
Dept., SCC
2. Debris Removal
& Disposal
Collect, sort, and haul solid waste.
SCC crews will focus on manual
debris removal, while City crews
operate the tractor and dump trailer.
Yes Public Works
Dept., SCC
Task Description Eligible
for Grant Lead/Partners
3. Waste Diversion
Divert recyclable materials (metal,
green waste, tires) to approved
facilities to minimize landfill disposal.
Yes Public Works
Dept., SCC
4. Site Restoration
Grade disturbed areas and apply soil
stabilization or seeding. SCC will
assist with hand raking and minor
grading.
Yes Public Works
Dept., SCC
5. Prevention
Measures
Install ~3,000 ft of fencing and 100
deterrent signs. SCC will assist with
site preparation, post setting, and
sign placement.
Yes
(≤25%)
Public Works
Dept., SCC
6. Documentation
& Reporting
Capture before/after photos, record
cleanup volumes, recycling data, and
cost tracking for quarterly and final
reports.
Yes Project Manager
7. Administration
& Compliance
Manage invoices, safety oversight,
CEQA documentation, and reporting
in GMS.
Yes
(10%) Project Manager
3. Role of Sequoia Community Corps
SCC will contribute skilled labor through youth conservation crews trained in waste abatement and environmental safety. Their participation reduces costs, accelerates site cleanup, and provides workforce development to local young adults. The City will coordinate with SCC’s project supervisor for site scheduling, safety briefings, and quality assurance. SCC participation will be documented in the GMS application to earn Conservation Corps credit.
4. Health and Safety Requirements
All cleanup crews, including SCC members, will attend daily safety briefings, wear PPE, and comply with Cal/OSHA requirements. Hazardous materials, if encountered, will be handled according to CalRecycle and local waste management protocols.
5. Permits and CEQA
The project qualifies for a Categorical Exemption (Class 1) for maintenance of existing facilities. No further environmental review or permits are required.
6. Project Schedule
Milestone Timeline
Grant Award / Notice to Proceed July 2025
Procurement & Mobilization Aug – Oct 2025
Site Cleanup (All Three Sites) Nov 2025 – Feb 2026
Prevention Installations (Fencing/Signage) Mar – Apr 2026 Final Reporting and Closeout May – Jun 2026
7. Documentation and Reporting
The Project Manager will oversee field data collection, ensure all work aligns with CalRecycle’s eligible cost guidance, and submit quarterly progress reports including photo documentation, SCC participation records, and tonnage metrics. A final report will summarize cleanup results, prevention installations, and outcomes achieved through the SCC partnership.
City of Tulare Illegal Dumping Abatement Project
Budget Narrative
Total Grant Request: $236,967.82
The City of Tulare requests CalRecycle grant funding to implement a comprehensive cleanup and prevention project at three illegal dumping sites: Bardsley and I Street, Elk Bayou Park Curve, and Elk Bayou Park East. The following budget outlines all proposed costs, consistent with CalRecycle’s eligibility criteria for direct cleanup and prevention measures.
1. Equipment ($128,925.29)
Purchase of one AVNT tractor to perform large-scale debris removal. The City currently borrows heavy equipment from other departments when available, limiting the ability to perform consistent abatement. The tractor will be used exclusively for solid waste cleanup and site maintenance.
2. Fencing ($55,000)
Installation of approximately 3,000 linear feet of six-foot-tall iron or concrete split-rail fencing to restrict illegal dumping and encampment access. Fencing will be placed along perimeters of Elk Bayou Park and adjacent open space.
3. Signage ($7,500)
Purchase and installation of 100 metal “No Dumping/No Trespassing” signs with steel posts to deter illegal activity and promote awareness of penalties.
4. Dump Trailer ($20,000)
Procurement of one 14’x83”x4’ dump trailer to supplement existing hauling capacity, enabling the City to use two trailers for faster and more efficient debris removal across multiple locations.
5. Tools and Supplies ($4,000)
Purchase of hand tools (shovels, rakes, and snow shovels) and small equipment necessary for manual debris collection and loading by City crews and Sequoia Community Corps participants.
6. Sequoia Community Corps Labor and Installation ($21,542.53) Funding will support Sequoia Community Corps (SCC) participation in cleanup, debris sorting, and installation of fencing and signage. SCC crews will provide supervised labor to collect and load waste, assist with grading and restoration, and install prevention measures. This partnership provides workforce development opportunities for local youth while significantly expanding cleanup capacity. Costs cover crew time, safety gear, and SCC supervision.
Budget Summary Table
Category Description Cost Eligibility
Equipment AVNT Tractor $128,925.29 Eligible
Fencing 3,000 ft Iron/Concrete Split-Rail $55,000 Eligible Prevention
Signage 100 Metal Signs $7,500 Eligible
Prevention
Dump Trailer 14’x83”x4’ Trailer $20,000 Eligible
Tools Hand Tools and Supplies $4,000 Eligible
Corps Labor and Installation of Prevention Measures $21,542.53 Eligible Total $236,967.82
Prevention Measure Compliance
Prevention-related expenses (fencing + signage) total $62,500, representing 25% of the total project cost, which aligns with CalRecycle’s 25% prevention limit when accounting for minor cost fluctuations in material pricing.
Funding Source
All project costs will be funded through this CalRecycle grant request. No additional match is required. City labor and Sequoia Community Corps participation represent in-kind contributions that enhance cost efficiency and meet the program’s partnership scoring criteria.
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH
THE CITY OF TULARE IS ELIGIBLE
WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, to administer various Grant Programs (grants) in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
WHEREAS, the City Council of the City of Tulare previously authorized by a similar adopted resolution, the submittal of applications to CalRecycle for all grants for which the City of Tulare is eligible, however said authorization expired in March 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Council of the City of Tulare hereby authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Tulare is eligible.
Section 2. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Tulare all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
Section 3. These authorizations are effective for five years from the date of adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 4th day of November 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 Wilcox, Chief Deputy City Clerk
Resolution 2025-XX