Agenda packet — Tulare City Council, February 3, 2026 (part 1 of 2)

City of Tulare Page 1 of 4
Tulare Public Library & Council Chamber Tuesday, February 3, 2026 491 North M Street, Tulare CA 93274 5:30 p.m. Regular Meeting www.tulare.ca.gov
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

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/agendas. • 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, February 3, 2026
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Micah Thiesen, Senior Pastor of Evangelical Free Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Black History Month – February 2026.

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

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

6. COUNCIL REPORTS AND ITEMS OF INTEREST

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

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

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

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of January 20, 2026. [M. Wilcox]

7.3 Fire Apparatus Repairs with Betts Truck Parts and Service.

7.4 Agreements with California Department of Transportation.

7.5 Award of Contract for CIP Project EN0106 Santa Fe Trail Crossing Improvements.

7.6 Conditional Final Map Acceptance for Fulton Estates Phase 2.

7.7 Telephone System Replacement.

Recommended Action: Authorize the City Manager to execute contracts related to CIP Project IT2023-07 Telephone System Replacement; award a professional services agreement to Cloud Revolution in the amount of $79,400 for Microsoft Teams migration services, subject to minor conforming changes as approved by the City Manager and City Attorney; authorize the City Manager or designee to approve Cloud Revolution contract change orders in an amount of not to exceed 10% ($7,940); and approve a contract change order to the Microsoft Enterprise Agreement with Dell, Inc. in the amount of $24,600 to cover through the end of the existing contract July 1, 2027. [J. Bowling]

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

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

8.1 Historic-Cultural Landmark Nominations.

Recommended Action: Pass-to-print an ordinance approving and designating the Tulare Veterans Memorial Building, Hoyt House, T29A Convair Airplane, B-17 Bomber, and F-4 Phantom Jet as City of Tulare Historic-Cultural Landmark and adding them to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38. [M. Anaya] Continued from the January 20, 2026 City Council meeting.

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

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

9.1 Fire Station 64 Progress Update.

Recommended Action: Receive an update on the activities surrounding the development and planning for Fire Station 64. [M. Ott]

9.2 Consideration of Establishing a No Commercial Truck Parking Zone.

9.3 Consideration of Traffic Calming Measures on E Street.

9.4 City Manager Employment Agreement Amendment.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12.1 Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(d)(1)) Name of Case: VCU317197 Laborers International Union of North America Local 294 and People of the State of California, Ex Rel. Rob Bonta, Attorney General of the State of California v. City of Tulare

12.2 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 3 cases

13. RECONVENE FROM CLOSED SESSION

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

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, February 17, 2026, 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, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Friday, January 30, 2026 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 Councilmembers
From: Marc Mondell, City Manager
Subject: February 3, 2026 Agenda Memo
Date: January 30, 2026
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda memo. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
5:30 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Micah Thiesen, Senior Pastor of Evangelical Free Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 5:35 p.m.]

3.1 Proclamation for Black History Month – February 2026.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 5:50 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 5:50 p.m.] Tulare City Council Meeting Page 2 of 11
Agenda Memo - February 3, 2026

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

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

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of January 20, 2026. [M. Wilcox]

7.3 Fire Apparatus Repairs with Betts Truck Parts and Service.

Recommended Action: Authorize the City Manager to approve the purchase of repair parts and labor for Engine 61 with Betts Truck Parts & Service of Fresno, California in the amount of $57,270.96. [M. Ott]
Summary: In accordance with CM-14, City of Tulare Purchase Policy, Section 4, Additional Policies, Paragraph F (Emergency Purchase), the City of Tulare Fire Department is requesting City Council ratification of an emergency action taken by the City Manager to execute a purchase order for the repair and labor costs associated with replacing the front suspension components on Engine 61.

This purchase was necessitated by an emergent operational need. At the time of failure, the Fire Department had severely limited apparatus availability, with one additional front-line engine and two reserve units already out of service due to extended maintenance and safety-related issues. The unexpected mechanical failure of Engine 61 further reduced the Department’s ability to maintain adequate fire protection coverage.

With City Manager approval, the Fire Department executed the emergency purchase on January 16, 2026. Due to the immediacy of the situation and the need to place parts on order without delay, there was insufficient time to agendize the item for the January 20, 2026, City Council meeting. Prompt action was required to expedite repairs and restore Engine 61 to service as quickly as possible, ensuring the City maintains the appropriate number and type of in-service apparatus necessary to meet fire protection service levels as established by City Council.

Fiscal Impact & Funding Source(s): Funding is available in account 100-200-200-202-000- 5285 “R&M Firefighting Apparatus”.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is 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 Meeting Page 3 of 11
Agenda Memo - February 3, 2026

7.4 Agreements with California Department of Transportation.

Recommended Action: Adopt a resolution authorizing the City Manager or designee to execute Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements with the California Department of Transportation (Caltrans). [M. Miller]
Summary: The City of Tulare was awarded funding in the amount of $349,920 through Cycle 12 of the Highway Safety Improvement Program (HSIP) for CIP Project EN00106 – Santa Fe Trail Crossing Improvements. This project will install rectangular rapid flashing beacons (RRFBs) at the Santa Fe Trail crossings of Tulare Drive, E Street, M Street, Cherry Street, Blackstone Street, and Laspina Street to enhance pedestrian safety. To receive State funding for the project through HSIP, the City must execute an updated Master Agreement with the State Department of Transportation and a Program Supplement to the Master Agreement for the specific HSIP funding allocation. The State of California requires that local agencies provide a resolution certifying who is authorized to execute such documents on their behalf.

Copies of the resolution, Master Agreement, and Program Supplement are attached. The resolution authorizes the City Manager or designee to sign the Master Agreement, the Program Supplement, and any forthcoming funding agreements with Caltrans necessary to facilitate the allocation of HSIP funding for CIP Project EN0106 Santa Fe Trail Crossing Improvements.

Fiscal Impact & Funding Source(s): The requested action will facilitate the allocation of Highway Safety Improvement Program funds to the City for use on CIP Project EN0106 – Santa Fe Trail Crossing Improvements. It is anticipated that the resulting HSIP funding (in an amount of up to $349,920) will be received into Fund 320 Engineering Grants.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA). CIP Project EN0106 will be subject to environmental review and clearance prior to the start of any construction.

Potential Conflict of Interest: Staff is 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 will incorporate any minor changes directed by Council; 2) Deny - Denial would prevent the City from being able to utilize State HSIP funding to construct CIP Project EN0106; or 3) Table - Delay could jeopardize the City’s ability to meet required programming dates necessary to secure State HSIP funding for CIP Project EN0106.

7.5 Award of Contract for CIP Project EN0106 Santa Fe Trail Crossing Improvements.

Recommended Action: Authorize the City Manager to execute a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $57,000 for engineering design and construction support services associated with CIP Project EN0106 Santa Fe Trail Crossing Improvements; and approve revisions to the project’s programmed funding in accordance with the revised CIP project sheet. [M. Miller]
Summary: The City of Tulare was awarded funding in the amount of $349,920 through Cycle 12 of the Highway Safety Improvement Program (HSIP) for CIP Project EN00106 Santa Fe Trail Tulare City Council Meeting Page 4 of 11
Agenda Memo - February 3, 2026
Crossing Improvements. This project will install rectangular rapid flashing beacons (RRFBs) at the Santa Fe Trail crossings of Tulare Drive, E Street, M Street, Cherry Street, Blackstone Street, and Laspina Street to enhance pedestrian safety.

Peters Engineering Group of Clovis, CA prepared the HSIP funding application and supporting documentation under an existing on-call consultant services contract with the City. Peters Engineering Group has the necessary expertise and experience to provide design and construction support services for the project and has proposed to perform the work for a not to exceed fee of $57,000. The Engineering Division has determined that the proposed fee is in line with industry standards and appropriate for the scope of work to be performed.

The proposed contract costs do exceed what was programmed for Project EN0106 in the Fiscal Year 2025-2030 CIP by an amount of $2,200. As such, Council is asked to approve a revised CIP project sheet reflecting an additional allocation of General CIP funding (Fund 400) in that amount.

Fiscal Impact & Funding Source(s): CIP Project EN0106 Santa Fe Trail Crossing Improvements was programmed in the Fiscal Year 2025-2030 CIP. The funding sources include Fund 320 Engineering Grant Fund (HSIP) and Fund 400 General CIP Fund.

As described in the Summary above, the actual contract costs for engineering design and construction support services are slightly higher than anticipated. As a result, an additional appropriation of $2,200 from General CIP Fund (Fund 400) will be required. A revised project sheet reflecting the actual contract costs for design and construction support services is attached for Council’s review and approval.

Potential Conflict of Interest: Staff is 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 will incorporate any minor changes directed by Council; 2) Deny - Council could deny the proposed contract award and direct staff to seek additional proposals. Given the prior work performed by Peters Engineering Group, the denial would prevent the City from being able to utilize State HSIP funding to construct CIP Project EN0106; or 3) Table - Delay could jeopardize the City’s ability to meet required programming dates necessary to secure State HSIP funding for CIP Project EN0106.

7.6 Conditional Final Map Acceptance for Fulton Estates Phase 2.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 2 of the Fulton Estates subdivision for recordation; and accept all easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to April 3, 2026. [M. Miller] Summary: Planning Commission Resolution No. 5435, which was adopted on October 24, 2022, approved the tentative subdivision map for the Fulton Estates subdivision. This subdivision is situated on the southwest corner of Tulare Avenue (State Route137) and Tulare City Council Meeting Page 5 of 11
Agenda Memo - February 3, 2026
Oakmore Street and comprises approximately 39 acres with a total of 185 single-family lots at full buildout. The development of the subdivision is being completed in phases. Phase 2 of the Fulton Estates subdivision will consist of 85 single-family residential lots.

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

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

Environmental Review: The tentative subdivision map for Fulton Estates was approved by the Tulare Planning Commission on October 24, 2022 by Resolution No. 5435. A Mitigated Negative Declaration was prepared in support of the tentative map submittal, and the Planning Commission made the finding that there was no substantial evidence that the project would have a significant effect on the environment with the incorporated mitigation measures.

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

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

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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

7.7 Telephone System Replacement.

The existing phone system will no longer be supported by the manufacturer in coming months.

Currently, staff have two separate solutions to help with communications: Mitel Connect and Microsoft Teams for videoconferencing.

Proposed Telephone System
Staff reviewed multiple different potential telephone systems and multiple partners to help facilitate the change to a new system. The proposed solution is the addition of telephone dialing to Microsoft Teams, expanding beyond existing video conferencing capabilities. The vendor Cloud Revolution will facilitate migration from Mitel Connect to Microsoft Teams. Cloud Tulare City Council Meeting Page 6 of 11
Agenda Memo - February 3, 2026
revolution is certified as a Microsoft Partner and has a deep knowledge and focus of Microsoft Teams and voice integration. Staff anticipate this project will be completed by Summer 2026.

The new solution will provide multiple enhanced functions including new modern calling features like mobile phone interoperability, voicemail transcription, and software integration into the Microsoft 365 environment. Additionally, the proposed solution will update how the system calls 911 for emergency services. The current system uses legacy copper lines to place 911 calls.

The new system will use E911 which will automatically provide more detailed location information to dispatch when 911 is called.

Procurement
The cost of Cloud Revolution’s scope of work is $79,400 and will be acquired using the cooperative purchasing agreement Omnia Partners Contract 01-125.

In June 2024, City Council authorized a 3-year Microsoft Enterprise Agreement for $442,418.76 ($147,472.46 annually) from July 1, 2024 to July 1, 2027, based on competitive bid agreement from Riverside, CA. A 20% contingency was authorized for the 3-year contract in the amount of $88,484 ($29,495 annually) for future licensing needs. However, this contingency was intended for existing operational needs and not intended to support telephone system replacement.

Therefore, an amendment to the existing Microsoft Enterprise Agreement of $22,121 annually is necessary to cover the cost of licenses required to enable voice calls on Microsoft Teams.

Fiscal Impact & Funding Source(s): All one-time expenses will be funded from CIP Project IT2023-07 Telephone System Replacement as appropriated in the Fiscal Year 2026 Budget.

All recurring expenses will be funded from existing operational budgets. The intent of this project is to keep recurring costs the same as the existing solution. While the dollars going to Microsoft are increasing, the overall cost to the telephone services are staying the same.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: Subsequent contract approval to be revised 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.

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: 6:05 p.m.]

8.1 Historic-Cultural Landmark Nominations.

Tulare City Council Meeting Page 7 of 11
Agenda Memo - February 3, 2026
Summary: This is a request by the property owners and caretakers of the buildings and objects listed below, to designate them as City of Tulare Historic-Cultural Landmarks and add them to the Local Register of Historic-Cultural Landmarks.
• Tulare Veterans Memorial Building. 1771 East Tulare Avenue (177-200-005). The subject property is zoned PL (Public Lands), and the General Plan Designation is Public/Quasi Public. Constructed in 1956, Tulare Veterans Memorial Building Hall was constructed to serve as a living building memorial to Veterans of WWII. Known for its impressive size and its original pink color, it has hosted thousands of people and events over the past eight decades, including famous individuals and landmark Tulare events. • Hoyt House. 237 North L Street (176-112-006). The subject property is zoned C-3 (Retail Commercial), and the General Plan Designation is Central Business District. The Hoyt House is a two-story late Victorian-Colonial Revival home that was constructed in 1912- 1913 and was the home to Hazel Hoyt who was a long-life public servant in the City of Tulare. Hoyt was the first female city clerk in the city. The Hoyt House is one of few last remaining two-story Victorian-Colonial Revival residences in Tulare. The Hoyt House has been operating as a restaurant since 1995.
• T29A Convair Airplane. 240 North L Street (176-121-025). The subject property is zoned C-3 (Retail Commercial), and the General Plan Designation is Central Business District.

The T29A Convair is regarded as a significant piece of aviation history, used as a “Flying Classroom” for USAF and USN servicemembers training throughout the Cold War. The “airplane on L Street” is one of two known surviving T29A Convairs and is the first of its kind eatery in the city of Tulare. It was first built in 1951 and was moved to 240 North L Street in 2003 to operate as a restaurant.
• B-17 Bomber. Currently at Mefford Field Airport (191-100-018). The subject property is zoned M-2 (Heavy Industrial), and the General Plan Designation is Service Commercial.

The B-17G Bomber at Mefford Field honors Veterans from WWII. It was first built in 1945 in Burbank, California. The bomber holds a unique dual military and local historical significance. She is the last surviving B-17 used in the “Operation Crossroads” atomic testing, and a later date, she was flown to Tulare, piloted by Tulare’s military hero, General Maurice Preston. With its location alongside Highway 99 at the southern end of town, the Flying Fortress has welcomed millions of passersby to the city of Tulare since 1958.
• F-4 Phantom Jet. Currently at Mefford Field Airport (191-100-018). The subject property is zoned M-2 (Heavy Industrial), and the General Plan Designation is Service Commercial. The F-4 Phantom jet at Mefford Field honors Veterans from the Vietnam war. The F-4 Phantom Jet was first commissioned in 1966. It never saw combat but was used in the United States Air Force for 20 years and used in many military bases around the world which included the United Kingdom, Spain, and Libya. With its location alongside Highway 99 at the southern end of town, the Phantom has welcomed millions of passersby to the city of Tulare since 1994.

Section 10.38 of the updated City of Tulare Zoning Ordinance includes standards to preserve, promote, and enhance the Historic-Cultural Landmarks and designated historic districts of the city for the educational, cultural, economic, and general welfare of the public. The purpose of the zone amendments would be to designate the aforementioned buildings and objects as local Historic-Cultural Landmarks and apply the Historic-Cultural Landmark Overlay Zone to the properties or objects.

Tulare City Council Meeting Page 8 of 11
Agenda Memo - February 3, 2026
Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history • To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

At its December 8, 2025 meeting, the City of Tulare Planning Commission voted 3-0 to recommend designation of these buildings and objects as Historic-Cultural Landmarks due to architectural significance, as well as the important role the landmarks have played in the history and cultural heritage of the United States of America, as well as Tulare’s own history.

At the January 20, 2026 City Council meeting, the public hearing was opened and continued to February 3, 2026.

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

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Councilmember Mederos owns real property within 1,000 feet from the Hoyt House and the T29A Convair Airplane.

Legal Review: This item does not require legal review.

Public Notice: A notice of public hearing was mailed to property owners within 300 feet of the subject properties and was published in The Visalia Times Delta on January 9, 2026, which is at least then (10) days prior to the public hearing.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If an ordinance is not approved, the Tulare Veterans Memorial Building, Hoyt House, T29A Convair Airplane, B-17 Bomber, and F-4 Phantom Jet would not be designated as local Tulare Historical-Cultural Landmarks.

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: 6:30 p.m.]

9.1 Fire Station 64 Progress Update.

Recommended Action: Receive an update on the activities surrounding the development and planning for Fire Station 64. [M. Ott]
Tulare City Council Meeting Page 9 of 11
Agenda Memo - February 3, 2026
Summary: Staff is presenting an update on the development and planning of next-generation fire stations for the City of Tulare. The presentation includes recommendations from the 2023 Community Risk Assessment and Standards of Cover, as well as key accomplishments achieved by the Fire Department over the past three years.

The primary focus of this presentation is the evolution of Fire Station 64—where planning began, its current status, and the path forward. This item is informational in nature and does not require action by the City Council currently.

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

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

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

9.2 Consideration of Establishing a No Commercial Truck Parking Zone.

Recommended Action: Discuss and provide direction to staff regarding the establishment a “No Commercial Truck Parking” zone on Inyo Avenue between West and Maricopa Streets and on West Street between Tulare Avenue and Pleasant Street. [M. Mondell obo Councilmember Sigala]
Summary: Councilmember Sigala submitted a request asking the Council to consider directing staff to research the possibility of designating “No Commercial Truck Parking” zones on Inyo Avenue between West and Maricopa Streets and West Street between Tulare Avenue and Pleasant Avenue. This discussion is not about approving the zone at this time; rather, it is to determine if the Council wishes staff to conduct analysis and return with findings and options at a future meeting.

If the Council directs staff to proceed, the next steps would include:
• Reviewing current municipal code provisions related to truck parking. • Assessing traffic and parking patterns in the proposed areas. • Consulting with Public Works and Police Departments regarding enforcement feasibility. • Providing cost estimates for signage and installation.

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

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is 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 Meeting Page 10 of 11
Agenda Memo - February 3, 2026

9.3 Consideration of Traffic Calming Measures on E Street.

Recommended Action: Discuss and provide direction to staff regarding the implementation of traffic calming measures on E Street between Bardsley and Lemonwood Avenues. [M. Mondell obo Councilmember Sigala]
Summary: Councilmember Sigala submitted a request asking the Council to consider directing staff to research options for traffic calming on E Street. The intent is to address speeding concerns along this approximately 0.7-mile stretch, which may pose safety risks for pedestrians and other roadway users. This discussion is not about approving any measures at this time; rather, it is to determine if the Council wishes staff to conduct analysis and return with findings and options at a future meeting.

If the Council directs staff to proceed, the next steps would include:
• Reviewing traffic data and speed studies for E Street. • Identifying potential traffic calming strategies.
• Consulting with Public Works and Police Departments regarding feasibility and enforcement.
• Providing cost estimates and potential funding sources.

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

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is 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.

9.4 City Manager Employment Agreement Amendment.

Recommended Action: Approve the Fifth Amendment to the Employment Agreement with City Manager Marc Mondell and adopt a resolution amending the City’s Fiscal Year 2026 Salary Schedule and authorizing the City Manager, or designee, to update the Salary Schedule accordingly. [J. Venegas]
Summary: The Fifth Amendment modifies the City Manager’s Employment Agreement, effective February 7, 2026. The key changes are as follows:
• Base Salary Increase: Provides a 3% Cost of Living Adjustment (COLA) to the City Manager’s annual base salary, raising it to $262,340.26 annually. • One-Time Compensation: $2,500 (performance compensation) Executive level staff received a 3% Cost of Living Adjustment effective December 27, 2025.

Additionally, executive level staff also have the opportunity to earn one-time performance compensation. This amendment ensures the City Manager’s compensation remains competitive with similar positions in comparable municipalities and supports the City Manager’s ability to effectively perform his duties.

Tulare City Council Meeting Page 11 of 11
Agenda Memo - February 3, 2026
Fiscal Impact & Funding Source(s): There is FY 2026 fiscal impact of $40,704.89 for the remaining five months of this fiscal year associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is 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. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 7:40 p.m.]

11. STAFF UPDATES [Time Estimate: 7:40 p.m.]

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 7:45 p.m.]

12.2 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 3 cases

13. RECONVENE FROM CLOSED SESSION [Time Estimate: 9:00 p.m.]

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

15. ADJOURNMENT [Time Estimate: 9:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, February 17, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare. a
WHEREAS, Black History Month was first established in 1926 by Dr. Carter G. Woodson, founder of the Association for the Study of African American Life and History (ASALH), to ensure the achievements and contributions of African Americans are recognized and celebrated; and WHEREAS, for 100 years, this annual observance haS grown from a week-long celebration into a month dedicated to honoring the rich heritage, resilience, and impact of African Americans on every facet of American life; and
WHEREAS, the theme for Black History Month 2026, "A Century of Black History Commemorations," marks the 100th anniversary of this historic tradition and calls attention to the evolution of Black history as a field of study, its role in shaping our national identity, and the importance of preserving these stories for future generations; and
WHEREAS, this centennialtheme reminds us that Black history is American history, and that the struggles and triumphs of African Americans have been central to advancing democracy, justice, and equality in our nation; and
WHEREAS, the City of Tulare recognizes that learning from the past strengthens our commitment to equity and inclusion, and we honorthe contributions of African Americans in our community, throughout California, and across the United States.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the month of February 2026 as
Black History Month
in the City of Tulare and encourage all residents to reflect on the significance of this centennial celebration, to engage in educational opportunities, and to continue building a community where diversity is valued and every voice is heard
Dated this 3'd day of February 2026.
r
Nw,[, n, nxlturqt
Dennis A. Mederos, Gouncilmember
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, January 20, 2026
5:30 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Wilcox; Assistant City Manager Thomas W. Gaffery IV; Deputy City Manager/Chief Technology Officer Jason Bowling; 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; General Services Director Manny Correa; Community Development Director Mario Anaya; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Human Resources Director Janie Venegas; Housing and Grants Manager Alexis Costales

1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 5:43 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Darla Rambonga of Tulare Amvets Post 56 led the Pledge of Allegiance, and an invocation was given by Councilmember Sayre.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for National Mentoring Month – January 2026. Mayor Isherwood read a proclamation proclaiming January 2026 as National Mentoring Month in the City of Tulare and presented it to Nick Lutton of Big Brother Big Sisters of Central Valley.

4. PUBLIC COMMENT
There were no public comments.

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

6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported on recent events and discussed items of interest. City Attorney Zamora provided an update on the issue with the group home in Del Lago.

Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, January 20, 2026
City of Tulare Page 2 of 5

7. CONSENT CALENDAR
Items 7.10, 7.12, and 7.13 were removed from the Consent Calendar.

It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 7.10, 7.12, and 7.13.

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

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

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 16, 2025. [M. Wilcox]

7.3 B.E.S.T. Club After School Program Agreement Amendment.

Recommended Action: Authorize the City Manager or designee to execute an amendment to the agreement with the Tulare City School District (TCSD) for the B.E.S.T.

After School Program, originally approved by City Council on May 20, 2025, to include notification requirements related to fingerprinting and criminal background checks for thirdparty operators. [B. Beck]

7.4 Final Map Acceptance – Glass Ave Apartments Phase 1.

Recommended Action: Approve the final map for Phase 1 of the Glass Avenue Apartments subdivision for recordation, and accept all easements and dedications offered to the City. [M. Miller]

7.5 Fiscal Year 2026 Salary Schedule Amendment.

Recommended Action: Adopt a resolution amending the City’s Fiscal Year 2026 Salary Schedule and authorizing the City Manager, or designee, to update the Salary Schedule accordingly. [J. Venegas]

7.6 Police Department Citizen Complaint Review Board Annual Report.

Recommended Action: Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2025. [J. Stanley]

7.7 Purchase of Textile Equipment for the Tulare Business Innovation Zone Makerspace.

Recommended Action: Approve the purchase of textile equipment and furnishings from Authorized Vac & Sew in the amount of $136,186.20, to support the conversion of an adjacent room into a dedicated textile and apparel production space within the Tulare Business Innovation Zone. [G. Gonzalez]

7.8 City of Tulare 2026 Quality Assurance Program.

Recommended Action: Adopt a resolution adopting the 2026 update to the City of Tulare Quality Assurance Program for materials used on construction projects; and delegate authority to the City Engineer to approve future revisions and updates to the City’s Quality Assurance Program on behalf of the City. [M. Miller]

7.9 Designate Stop Control at Various Intersections.

Recommended Action: Adopt a resolution designating stop control at various uncontrolled intersections located between Paige Avenue, Bardsley Avenue, Highway 99, and Laspina Street. [M. Miller]
City Council Meeting Minutes Tuesday, January 20, 2026
City of Tulare Page 3 of 5

7.11 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for September and October 2025. [M. Roberts]

7.14 Acceptance of Grant and Administrative Agreement for Cycle Park.

Recommended Action: Adopt a resolution authorizing the City Manager to accept a grant (G25-03-04-G01) offer from the State of California Off Highway Motor Vehicle Recreation Division (OMHV) for the Tulare Cycle Park, with operating expenses not to exceed $499,507 for the year 2026, and to sign all applicable paperwork. [M. Correa]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.10 Application For Funding – HOME Program Income and Eligible HOME Activities.

Recommended Action: Authorize submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program (HOME); and if selected, the execution of a standard agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Program. [A. Costales]
Council Action: Councilmember Sigala pulled this item for clarification. Mayor Isherwood recused himself due to a conflict of interest. Housing and Grants Manager Costales provided an overview of the item. Questions posed by Council were answered by staff. It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood recused) to approve the item as presented.

7.12 Mefford Field Airport Hangar Lease Agreement.

Recommended Action: Approve the proposed Airport Hangar Lease Agreement (“Agreement”) between the City of Tulare and the Tulare Mosquito Abatement District; and authorize the City Manager to execute the Agreement and all necessary documents related thereto. [M. Correa]
Council Action: Councilmember Sigala pulled this item for clarification regarding chemicals being stored in the hangar. General Services Director Correa and Fire Chief Ott responded thereto confirming there are no concerns. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

7.13 Emergency Shelter Operator Terms Sheet & Preliminary Operating Budget.

Recommended Action: Review an emergency shelter service agreement with Lighthouse Rescue Mission regarding the City’s emergency shelter project for the term of April 1, 2026 through March 31, 2027. [M. Correa; M. Anaya] Council Action: Councilmember Sigala pulled this item for clarification. Staff walked through the agreement and answered questions posed by Council. Renee Soto of the Lighthouse Rescue Mission Board responded to questions regarding the Policy and Procedures document. Councilmember Sigala inquired about the benefits being offered to the employees of the shelter who will be employed by the Lighthouse Rescue Mission and the total cost of the employees. City Manager Mondell will provide additional information as those details are worked through and requested that any additional comments or questions be emailed to him.

8. PUBLIC HEARING

8.1 Historic-Cultural Landmark Nominations.

Recommended Action: Pass-to-print an ordinance approving and designating the Tulare Veterans Memorial Building, Hoyt House, T29A Convair Airplane, B-17 Bomber, and F-4 Phantom Jet as City of Tulare Historic-Cultural Landmark, and adding them to the Local City Council Meeting Minutes Tuesday, January 20, 2026
City of Tulare Page 4 of 5
Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38, as described herein.

Presented By: Community Development Director Anaya
Public Comment: The public hearing was opened at 5:53 p.m. There were no public comments.

Council Action: It was moved by Vice Mayor Harrell, seconded by Councilmember Mederos, and unanimously carried to continue the public hearing to February 3, 2026.

9. GENERAL BUSINESS

9.1 Capital Improvements Project Dashboard for January 2026.

Recommended Action: Accept the Capital Improvements Project Dashboard for January 2026.

Presented By: City Engineer Miller
Public Comment: There were no public comments.

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

9.2 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.

10. FUTURE AGENDA ITEMS

10.1 Establishment of a No Commercial Truck Parking Zone on Inyo and West Streets.

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

Submitted By: Councilmember Sigala
Council Action: It was moved by Councilmember Sigala, seconded by Mayor Isherwood, and unanimously carried to add this item to a future agenda.

10.2 Traffic Calming Measures on E Street between Bardsley and Lemonwood Avenues.

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

Submitted By: Councilmember Sigala
Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to add this item to a future agenda.

10.3 Annual Cinco De Mayo Celebration at Zumwalt Park.

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

Submitted By: Councilmember Sigala
Council Action: It was the consensus of Council to have staff add this item to a future agenda following approval of the Zumwalt Park Use Policy by the Parks and Recreation Commission.

11. STAFF UPDATES
Staff provided updates on department activities.

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

12.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Attorney Zamora, City Manager Mondell, Assistant City Manager Gaffery, Deputy City Manager/CTO Bowling, Human Resources Director Venegas
Unrepresented Employee(s): City Manager, Assistant City Manager, Deputy City Manager/CTO, Department Heads, Assistant Directors, Chief Deputy City Clerk City Council Meeting Minutes Tuesday, January 20, 2026
City of Tulare Page 5 of 5
Council recessed to closed session at 8:46 p.m.

13. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 9:41 p.m.

14. CLOSED SESSION REPORT
There was no reportable action.

15. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 9:41 p.m.

This is to certify that the foregoing is a true and
correct copy of the minutes of the special and/or
regular meeting held on January 20, 2026, as
approved by the Tulare City Council.

Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: February 3, 2026
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Fire Apparatus Repairs with Betts Truck Parts and Service

RECOMMENDED ACTION
Authorize the City Manager to approve the purchase of repair parts and labor for Engine 61 with Betts Truck Parts & Service of Fresno, California in the amount of $57,270.96.

SUMMARY
In accordance with CM-14, City of Tulare Purchase Policy, Section 4, Additional Policies, Paragraph F (Emergency Purchase), the City of Tulare Fire Department is requesting City Council ratification of an emergency action taken by the City Manager to execute a purchase order for the repair and labor costs associated with replacing the front suspension components on Engine 61.

FISCAL IMPACT & FUNDING SOURCES
Funding is available in account 100-200-200-202-000-5285 “R&M Firefighting Apparatus”.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is 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
Item #: 7.3
Consent

ATTACHMENTS

1. Betts Truck Parts & Service Repair Order #276
Reviewed/Approved:
*** Customer Review ***
Date / Time:

Repair Order:

Customer:

Branch:

Invoice Total:

Page 1 of 2 ends

***Charge***
276
1/16/2026 8:54:20AM
08 TUL0004
$57,270.96
Bill To: TULARE, CITY OF Ship To: TULARE, CITY OF
411 E KERN AVE, STE F City Of Tulare
3989 S K St
Shop: Fax:

TULARE, CA 93274
559-684-4227 Christine Taylor559-685-2366
Tulare, CA 93274-7189
Customer P/O Completion Date
SJohal
Created By
QUOTE
Unit Number: E-61 Model Year: 2016 Make/Model: PIERCE RESCUES Type: Fire Emergency VIN: 4P1BAAFF8GA016336
Task: 1 016-023 Replace/Repair Failed Suspension Components Department: Service Complaint: REPLACE ROADSIDE UPPER AND LOWER CONTROL ARM ASSEMBLIES. R/R SHOCK Supp. Part Description / Ref Number U/M Quantity Price Ext Price MIS 3587466 SHOCK Part EA 1.00 1,570.97 1,570.97 ABSORBER FR 91-SERIES
EVG CS-PNT0078 CONTRO Part EA 1.00 13,414.72 13,414.72 L ARM ASSY,TAK4,LOWER
EVG CS-PNT0079 CONTRO Part EA 1.00 12,115.58 12,115.58 L ARM ASSY,TAK4,UPPER
Freight Freight Misc 1.00 800.00 800.00
Task 1 Subtotals: Parts: $27,101.27
Labor: $3,654.00
Miscellaneous: $800.00
Task 1 Totals: $31,555.27
Task: 2 016-023 Replace/Repair Failed Suspension Components Department: Service Complaint: REPLACE CURBSIDE UPPER AND LOWER CONTROL ARM ASSEMBLIES, R/R SHOCK Supp. Part Description / Ref Number U/M Quantity Price Ext Price EVG CS-PNT0078 CONTRO Part EA 1.00 13,414.72 13,414.72 L ARM ASSY,TAK4,LOWER
MIS 3587466 SHOCK Part EA 1.00 1,570.97 1,570.97 ABSORBER FR 91-SERIES
Task 2 Subtotals: Parts: $14,985.69
Labor: $3,654.00
Task 2 Totals: $18,639.69
Task: 3 011-003 Alignment - 2 Axle Department: Service
Complaint: PERFORM ALIGNMENT AND RIDE HEIGHT ADJUSTMENT FOR TAK 4 Supp. Part Description / Ref Number U/M Quantity Price Ext Price Task 3 Subtotals: Parts: $0.00
Labor: $348.00
Task 3 Totals: $348.00
Task: 4 016-026 Beef up / Level Suspension Department: Service Complaint: BEEF UP REAR SUSPENSION LEAF PACK
Supp. Part Description / Ref Number U/M Quantity Price Ext Price DAY 300R625-72N 3 X 625 X 72 NO CH Part EA 1.00 134.48 134.48 DAY 3HC-470 1 X 6 X 6; .38D 3H Part EA 2.00 4.14 8.28
*** Customer Review ***
Date / Time:

Repair Order:

Customer:

Branch:

Invoice Total:

Page 2 of 2 ends

***Charge***
276
1/16/2026 8:54:20AM
08 TUL0004
$57,270.96
Bill To: TULARE, CITY OF Ship To: TULARE, CITY OF
411 E KERN AVE, STE F City Of Tulare
3989 S K St
Shop: Fax:

TULARE, CA 93274
559-684-4227 Christine Taylor559-685-2366
Tulare, CA 93274-7189
Customer P/O Completion Date
SJohal
Created By
QUOTE
DAY 7/8 X 44 7/8 X 44 THREADED ROD Part EA 4.00 29.19 116.76 TRI CB120120 CENTERBO Part EA 1.00 8.51 8.51 LT (1/2-20X12) W/PNF104
DAY FW7/8 7/8" U-BOLT WASHER Part EA 8.00 0.58 4.64
DAY HN-7/8 180 7/8" DEEP NUT (KEG) Part EA 8.00 1.31 10.48 TRI RHR2X1 Round Head Steel Rivet (3/8x1) Part EA 2.00 0.74 1.48 Task 4 Subtotals: Parts: $284.63
Labor: $1,740.00
Task 4 Totals: $2,024.63
$9,396.00
$0.00
$0.00
$0.00
$42,371.59
Total Labor:

Total EHC:

Total Core Ret:

Total Core Chg:

Total Parts:

Totals
Total Miscellaneous: $800.00
Total Shop Supplies CA: $125.00
Charge $4,578.37
Invoiced Total:

Total Tax:

Invoice Subtotal: Payment Method $52,692.59
$57,270.96
Staff Report
Meeting: City Council
Date: February 3, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Agreements with California Department of Transportation

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager or designee to execute Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements with the California Department of Transportation (Caltrans).

SUMMARY
The City of Tulare was awarded funding in the amount of $349,920 through Cycle 12 of the Highway Safety Improvement Program (HSIP) for CIP Project EN00106 – Santa Fe Trail Crossing Improvements.

This project will install rectangular rapid flashing beacons (RRFBs) at the Santa Fe Trail crossings of Tulare Drive, E Street, M Street, Cherry Street, Blackstone Street, and Laspina Street to enhance pedestrian safety. To receive State funding for the project through HSIP, the City must execute an updated Master Agreement with the State Department of Transportation and a Program Supplement to the Master Agreement for the specific HSIP funding allocation. The State of California requires that local agencies provide a resolution certifying who is authorized to execute such documents on their behalf.

FISCAL IMPACT & FUNDING SOURCES
The requested action will facilitate the allocation of Highway Safety Improvement Program funds to the City for use on CIP Project EN0106 Santa Fe Trail Crossing Improvements. It is anticipated that the resulting HSIP funding (in an amount of up to $349,920) will be received into Fund 320 – Engineering Grants.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CIP Project EN0106 will be subject to environmental review and clearance prior to the start of any construction.

POTENTIAL CONFLICT OF INTEREST
Staff is 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 will incorporate any minor changes directed by Council.

2. Deny – Denial would prevent the City from being able to utilize State HSIP funding to construct CIP Project EN0106.

Item #: 7.4
Consent

3. Table – Delay could jeopardize the City’s ability to meet required programming dates necessary to secure State HSIP funding for CIP Project EN0106.

ATTACHMENTS

1. Resolution

2. Master Agreement – Administering Agency-State Agreement

3. Program Supplement to Administering Agency-State Agreement Reviewed/Approved:

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE MASTER AGREEMENTS,

PROGRAM SUPPLEMENT AGREEMENTS, FUND EXCHANGE AGREEMENTS, AND/OR FUND

TRANSFER AGREEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION
WHEREAS, the City of Tulare is eligible to receive Federal and/or State funding for certain transportation projects, through the State of California Department of Transportation; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City of Tulare wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager or designee.

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 execute Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements with the California Department of Transportation.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3rd day of February 2026, 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.
06 City of Tulare
-------- ---------------------------------------------- District Administering Agency
Agreement No. 06-5072S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Tulare, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT

STATE-FUNDED PROJECTS

Page 1 of 15 ends

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

Page 2 of 15 ends

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a

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fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for

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PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not

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being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a sixmonth period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of

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indirect cost incurred within each fiscal year being claimed for reimbursement.

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

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16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

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22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.

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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

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8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or

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jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

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City of Tulare
City of Tulare
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________

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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement

Page 14 of 15 ends

and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

Page 15 of 15 ends

00000A906
FOR STATE FUNDED PROJECTS NO 06-5072S21
0626000123
November 14, 2025
06-TUL-0-TUL
HSIPSL-5072(064)
5072
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 06-5072S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

SANTA FE TRAIL CROSSING AT LASPINA STREET, TULARE DRIVE, E STREET, M

STREET, CHERRY STREET, AND BLACKSTONE STREET

INSTALL RECTANGULAR RAPID FLASHING BEACONS ON

SANTA FE TRAIL PEDESTRIAN CROSSINGS

0.0(MILES)
Estimated Cost State Funds Matching Funds

CITY OF TULARE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$50,000.00 $5,000.00 $0.00
Chief, Office of Project Management Oversight

STATE OF CALIFORNIA
Department of Transportation
$45,000.00
STATE $45,000.00
Program Supplement 06--507-A906- SERIAL 1Page of 3
11/14/2025

SPECIAL COVENANTS OR REMARKS
06-TUL-0-TUL
HSIPSL-5072(064)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fedand-state-programs/highway-safety-improvement-program/delivery-requirements-statusapproved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
Program Supplement 06--507-A906- SERIAL Page 2 of 3

SPECIAL COVENANTS OR REMARKS
06-TUL-0-TUL
HSIPSL-5072(064)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 06--507-A906- SERIAL Page 3 of 3
Staff Report
Meeting: City Council
Date: February 3, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Award of Contract for CIP Project EN0106 Santa Fe Trail Crossing Improvements

RECOMMENDED ACTION
Authorize the City Manager to execute a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $57,000 for engineering design and construction support services associated with CIP Project EN0106 Santa Fe Trail Crossing Improvements; and approve revisions to the project’s programmed funding in accordance with the revised CIP project sheet.

SUMMARY
The City of Tulare was awarded funding in the amount of $349,920 through Cycle 12 of the Highway Safety Improvement Program (HSIP) for CIP Project EN00106 Santa Fe Trail Crossing Improvements.

FISCAL IMPACT & FUNDING SOURCES
CIP Project EN0106 Santa Fe Trail Crossing Improvements was programmed in the Fiscal Year 2025- 2030 CIP. The funding sources include Fund 320 Engineering Grant Fund (HSIP) and Fund 400 General CIP Fund.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CIP Project EN0106 will be subject to environmental review and clearance prior to the start of any construction.

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

Item #: 7.5
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 – Staff will incorporate any minor changes directed by Council.

2. Deny – Council could deny the proposed contract award and direct staff to seek additional proposals.

Given the prior work performed by Peters Engineering Group, the denial would prevent the City from being able to utilize State HSIP funding to construct CIP Project EN0106.

3. Table – Delay could jeopardize the City’s ability to meet required programming dates necessary to secure State HSIP funding for CIP Project EN0106.

ATTACHMENTS

1. Peters Engineering Group Proposal

2. Revised CIP Project Sheet
Reviewed/Approved:
862 Pollasky Avenue ♦ Clovis, California 93612 ♦ (559) 299-1544 ♦ www.peters-engineering.com Mr. Michael Miller January 19, 2026
City of Tulare
3981 South “K” Street
Tulare, California 93274
Subject: Santa Fe Trail Crossings at Laspina Street, Tulare Drive, E Street, M Street, Cherry Street, and Blackstone Street
Highway Safety Improvement Project (HSIP)
Tulare, California
Dear Mr. Miller:

Please find enclosed our proposed scope of services and fee for the subject project. Our understanding of the City’s requirements for this scope of work is based on the successful HSIP application submitted to Caltrans in September 2024.

Thank you for the opportunity to provide you with this proposal. Please feel free to call me if you have any questions.

PETERS ENGINEERING GROUP

David Peters, PE, TE
Principal Engineer
Attachment: Exhibit “A” - Scope of Services
Exhibit “B” – Project Exhibits
Exhibit “C” – Fee Proposal
Exhibit “A”

SCOPE OF SERVICES
Civil Engineering Services for
Santa Fe Trail Crossings at Laspina Street, Tulare Drive, E Street, M Street, Cherry Street, and Blackstone Street (HSIP)
Tulare, California

INTRODUCTION
Peters Engineering Group (Consultant) will provide the City of Tulare (Client) with engineering services for the subject project as described herein. Consultant’s services will result in the preparation of plans, specifications, and estimate for the proposed pedestrian safety improvements to Santa Fe Trail Crossing intersections as described below:

Tulare Drive
 Update Americans with Disabilities (ADA) ramps at the crossing with new concrete and detectable warning surface per City of Tulare Standards.  Provide updated striping improvements in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD)
 Install solar-powered Rectangular Rapid Flashing Beacons (RRFBs) that will be activated by pedestrians for crossings.

E Street
 Provide updated striping improvements in accordance with the CA MUTCD  Install solar powered Rectangular Rapid Flashing Beacons (RRFBs) that will be activated by pedestrians for crossings.

M Street
 Update ADA ramps at the crossing with new concrete and detectable warning surface per City of Tulare Standards.
 Provide updated striping improvements in accordance with the CA MUTCD  Install solar-powered RRFBs that will be activated by pedestrians for crossings.  Replace landscape shrub in existing location using existing irrigation system.  Install three pedestrian bollards.

Cherry Street
 Provide updated striping improvements in accordance with the CA MUTCD  Install solar-powered RRFBs that will be activated by pedestrians for crossings.

Blackstone Street
 Update ADA ramps at the crossing with new concrete and detectable warning surface per City of Tulare Standards.
 Provide updated striping improvements in accordance with the CA MUTCD  Install solar-powered RRFBs that will be activated by pedestrians for crossings.

Laspina Street
 Provide updated striping improvements in accordance with the CA MUTCD  Install solar-powered RRFBs that will be activated by pedestrians for crossings.

WORK TASKS
The Consultant will provide the following work tasks:

Task 100 - Preliminary Engineering
101 Project Coordination and Kickoff Meeting
Consultant will attend a kickoff meeting with Client to discuss expectations and objectives for the project. A field review will follow to review the project. 102 Limited Site Survey
Consultant will perform a limited site survey of the existing features and will verify existing features using existing aerial photos and site photos taken during the field visit. Any topographic elevations taken will be relative. Existing features will be measured with a tape measure to the nearest 0.1’. Each location listed above will use an assumed horizontal and vertical datum relative to each individual project area. No boundary survey will be required. All work will be within City right of way.
103 California Environmental Quality Act (CEQA) Document The project is anticipated to only require a CEQA Notice of Exemption, meeting the Categorical Exemption Class 1, 14 CCR 15301 because it is a reconstruction of an existing pedestrian trail.

Consultant would prepare an Environmental Checklist Form and a Notice of Exemption and send to the Client for review. Once the documents are reviewed and approved, Client will post the CEQA document. Once the document has been posted and no comments received, it will be sent to the State Clearinghouse.
104 Utility Research and Coordination
The location of existing underground and overhead utilities will be identified through available City and utility company record drawings and through the limited site survey. Utility companies will be contacted and a request for utility records will be made. Known existing underground utilities will be incorporated in digital mapping and shown on the plans. The City and any other agency affected by the project will be notified through the 30% Plan Submittal whether relocation or other mitigations are required. No relocations are anticipated. Preliminary plans will be distributed to affected agencies for assistance in utility coordination and possible relocation. While correspondence will be prepared by Consultant, letters and other communications may need to be sent by City staff to acquire the information for use by the Consultant.
105 30% Plans Submittal & Estimate
Consultant will prepare thirty percent (30%) plans with associated preliminary construction details. City Standard details for ramp construction will be referenced. Plans will be developed in AutoCAD 2026, or a version acceptable to the Client. A digital copy of the 30% plans and a preliminary cost estimate will be submitted for Client review. Copies of the 30% plans will be distributed to affected utility companies.

Task 200 - Construction Documents
201 Preliminary PS&E (95%)
Thirty percent (30%) PS&E review comments received from the City will be addressed and incorporated into the 95% PS&E. The 95% PS&E will be submitted in pdf format for City review. Peters Engineering Group will meet with City personnel to discuss any final revisions. 202 Construction Documents
Ninety-five percent (95%) PS&E review comments received from the City will be addressed and incorporated into the final construction documents.

Specifications will be prepared in Microsoft Word.

One (1) set of bond plans, original specifications, and estimates will be submitted to the Client.

Construction documents will be stamped and signed by a registered civil engineer.

Electronic files of all construction documents will be available as requested by the Client. 203 Bidding Coordination and Support
Consultant will review and respond to requests for information (RFI’s) during the bidding portion of the project. Client will do all soliciting for the project. Consultant will provide plans, specifications, and addendums during the bid process.

Task 300 - Construction
301 Construction Support (Time and Materials)
Consultant will review submittals during construction. Consultant will review and respond to requests for information (RFI’s) during the construction portion of the project. It is anticipated that, due to the nature of the project, coordination will be extensive due to the number of existing facilities that will be modified. One site visit during construction is included in this scope. If an addendum or addition review is required due to a change in the scope of work, or more than one visit will be required, then it will be regarded as additional services. This phase will be billed on time and materials basis, not to exceed the budget in Exhibit “C”.

CLIENT’S DUTIES AND RESPONSIBILITIES
The Client shall:
a) Provide all criteria and full information concerning Client’s requirements for the project. b) Provide Consultant with plans indicating the locations, types, and sizes of existing improvements. City of Tulare has already provided the approved master plans for City water, sewer, and storm drain. City staff will call for USA of the project prior to topographic survey. Potholing for existing elevations of gas lines for conflicts will be provided by City staff. Verification of sewer service locations and condition of existing manholes will be provided by City staff.
c) Provide an arborist, as necessary.
d) Give prompt notice to Consultant whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Consultant’s services. e) At Client’s discretion, authorize and direct Consultant to provide necessary Additional Services.
f) Acquire any necessary right-of-way.
g) Pay for any outside agency permits.
h) Provide environmental clearance.
i) Provide construction surveying services, including ties to existing survey monuments and corner records.

ADDITIONAL SERVICES
The Client may, at its sole discretion, request that Consultant perform Additional Services. Both parties, prior to proceeding with these services, shall execute a written amendment to this Agreement.

Additional services will be required if Consultant is to perform services not specifically described herein. Additional services will be required if any additional project alternatives will be requested, including assistance with acquisition of right of way, including writing of legal descriptions and exhibits. Additional Services will be required if Consultant is required to attend additional meetings not already identified in this scope of work, including but not limited to project design team, public hearings, planning commission meetings, and city council meetings.

Additional Services will be required if Eminent Domain proceedings should be required to acquire parcels. Additional Services will be required if Consultant is required to attend weekly meetings during the construction phase.

RIGHT TO RELY
Consistent with the professional standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by the Client or others without independent review or evaluation unless specifically required in the Scope of Services.

COMPENSATION
Consultant’s fee for the services described herein shall be in accordance with Exhibit “C” and billed to the Client on a lump sum per task basis monthly on a percent complete basis.

SCHEDULE
The anticipated start for the project is February 1, 2026. During the month of February, the design kick-off meeting will be held, and the Consultant will prepare the Limited Site Survey and CEQA document. Submittal of the 30% design plans and estimate will be the last week of March, with the review meeting scheduled for the second week of April. 95% design plans, estimates, and specifications will be submitted in the last week of May, with a review meeting scheduled for the third week in June. The final Construction Documents will be ready in August 2026.

Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Peters Engineering Group
EXHIBIT "B"
Person-Hours
Principal
Engineer
Senior Civil
Engineer
Staff
Engineer Clerical
@ $250 /hr @ $230 /hr @ $175 /hr @ $100 /hr
100
101 Initial Project Coordination and Kickoff Meeting 1 8 2 2 $100 $2,740 102 Limited Site Survey 0 2 24 0 $300 $4,960
103 CEQA Document 0 8 4 12 $50 $3,790
104 Utility Research & Coordination 0 2 12 0 $50 $2,610 105 30% Plans and Estimate & Review
Meeting 1 8 40 0 $150 $9,240
Total Task 100 Hours 2 28 82 14 Total = $23,340
200
201.1 Prepare 95% Plans 1 4 20 $50
201.2 Prepare 95% Construction Details 1 4 20 $50
201.3 Prepare 95% Specifications 1 4 8 2 $50
201.4 Prepare 95% Construction Cost
Estimate 1 4 12 $50
201
Prepare 95% Plans,
Specifications, and Estimate
(total) & Design Review Meeting
4 16 60 2 $200 $15,580
202 Construction Documents 1 8 24 2 $200 $6,690
203 Bidding Coordination and Support 1 8 8 8 $100 $4,390 Total Task 200 Hours 6 32 92 12 Total = $26,660
300
301 Construction Support 2 16 12 4 $320 $7,000
Total Hours 2 16 12 4 Total = $7,000
Total Hours 10 76 186 30
Grand
Total = $57,000
Task

CONSTRUCTION DRAWINGS/FINAL PS&E

CONSTRUCTION SUPPORT

PRELIMINARY ENGINEERING
Exhibit "C"
City of Tulare, Santa Fe Trail Crossings at Laspina, Tulare, E Street, M Street, Cherry Street, and Blackstone Engineering Fee Proposal
Other
Direct
Costs
Description Total
Peters Engineering Group
EXHIBIT “C”

HOURLY RATE SCHEDULE
(Effective 1/1/26 to 12/31/26)

CLASSIFICATION RATE
Principal Civil Engineer $250/hr
Senior Civil Engineer $230/hr
Associate Civil Engineer $200/hr
Staff Engineer $175/hr
Technician/Inspector $150/hr
Clerical $100/hr
Litigation Support $500/hr

REIMBURSABLES SCHEDULE
(Effective 1/1/26 to 12/31/26)

DESCRIPTION RATE
Postage Actual Cost + 10%
Reproduction Actual Cost + 10%
Subconsultant Actual Cost + 10%
Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.

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 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 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 $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $0.00 0200 - Professional Services $0.00 $0.00 $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $0.00 050 - Final Design/Plan $0.00 $0.00 $56,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $56,000.00 $0.00 0200 - Professional Services
0202 - Engineering $0.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 0900 - City Staff Time $0.00 $0.00 $6,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,000.00 $0.00 0999 - Contingency $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 060 - 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 $480,730.00 $0.00 $0.00 $0.00 $0.00 $480,730.00 $0.00 0200 - Professional Services An additional appropriation of 0202 - Engineering $0.00 $0.00 $0.00 $7,000.00 $0.00 $0.00 $0.00 $0.00 $7,000.00 $0.00 0205 - Labor Compliance $0.00 $0.00 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $2,500.00 $0.00 0224 - Construction Surveying $0.00 $0.00 $0.00 $4,000.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $0.00 0611 - Construction Management $0.00 $0.00 $0.00 $25,000.00 $0.00 $0.00 $0.00 $0.00 $25,000.00 $0.00 0612 - Materials Testing $0.00 $0.00 $0.00 $2,000.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $0.00 0700 - Construction/Labor & Materials Costs $0.00 $0.00 $0.00 $388,800.00 $0.00 $0.00 $0.00 $0.00 $388,800.00 $0.00 0900 - City Staff Time $0.00 $0.00 $0.00 $8,500.00 $0.00 $0.00 $0.00 $0.00 $8,500.00 $0.00 0999 - Contingency $0.00 $0.00 $0.00 $42,930.00 $0.00 $0.00 $0.00 $0.00 $42,930.00 $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 $58,000.00 $480,730.00 $0.00 $0.00 $0.00 $0.00 $538,730.00 $0.00 To Date Remaining Year 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 320 - Engineering Grants Fund (HSIP) $0.00 $0.00 $0.00 $349,920.00 $0.00 $0.00 $0.00 $0.00 $349,920.00 $0.00 400 - General CIP Fund $0.00 $0.00 $58,000.00 $130,810.00 $0.00 $0.00 $0.00 $0.00 $188,810.00 $0.00 Total Funding: $0.00 $0.00 $58,000.00 $480,730.00 $0.00 $0.00 $0.00 $0.00 $538,730.00 $0.00 G/L #'s:

Notes: Revised to reflect Council award of PS&E and CON Support contract on 02/03/26. Project originated in FY 2025-2030 CIP as EN2025-

02. Unfunded
Funding Sources Prior Fiscal Years
Fiscal Year 2025/2026 Future Fiscal Years
Total Unfunded
Proposed
7/1/2025
6/30/2026
Future maintenance costs will be incurred through routine maintenance provided by the Streets Division of the the Public Works Department.

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 2025/2026 Future Fiscal Years
Total
(Capital)
District(s): 1, 2, 4, 5
Michael Miller
Install pedestrian-activated rectangular rapid flashing beacons (RRFBs) at the Santa Fe Trail crossings of Tulare Drive, "E" Street, "M" Street, Cherry Street, Blackstone Street and Laspina Street utilizing Cycle 12 HSIP grant funding awarded by the State.

Traffic Safety; Alternative Transportation
2025 - 2030 CIP Transportation
PROJECT #: EN0106
Santa Fe Trail Crossing Improvements - Cycle 12 HSIP
(Capital)
109
Staff Report
Meeting: City Council
Date: February 3, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Final Map Acceptance for Fulton Estates Phase 2

RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for Phase 2 of the Fulton Estates subdivision for recordation; and accept all easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to April 3, 2026.

SUMMARY
Planning Commission Resolution No. 5435, which was adopted on October 24, 2022, approved the tentative subdivision map for the Fulton Estates subdivision. This subdivision is situated on the southwest corner of Tulare Avenue (State Route137) and Oakmore Street and comprises approximately 39 acres with a total of 185 single-family lots at full buildout. The development of the subdivision is being completed in phases. Phase 2 of the Fulton Estates subdivision will consist of 85 single-family residential lots.

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

ENVIRONMENTAL REVIEW
The tentative subdivision map for Fulton Estates was approved by the Tulare Planning Commission on October 24, 2022 by Resolution No. 5435. A Mitigated Negative Declaration was prepared in support of the tentative map submittal, and the Planning Commission made the finding that there was no substantial evidence that the project would have a significant effect on the environment with the incorporated mitigation measures.

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

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

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 – Changes would result in delay to the project schedule.

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

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

ATTACHMENTS

1. Planning Commission Resolution No. 5435
Item #: 7.6
Consent

2. Draft Fulton Estates Phase 2 Subdivision Agreement

3. Fulton Estates 2 Final Map
Reviewed/Approved:

RESOLUTION NO. 5435

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

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

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Tentative Subdivision Map- 2022-22- Fulton Estates
WHEREAS, the City of Tulare Planning Comrnission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the pr"oject will have a significant effect on the environment witli mitigation measllres incorporated; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented l. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

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

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

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

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

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

Resolution 5435
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Terrtative Subdivision Map- 2A22-22- Fulton Estates
Applicant to meet requirements of Caltrans letters dated August 19,2022 and December 16, 2021 .

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

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

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

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

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

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

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

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

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

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

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

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

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Resolution 5435
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entitlement applications to be approved by the City of Tulare Planning Cornmission prior to issuance of permits.

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

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

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

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

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

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

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

Engineering:

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

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

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

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

Resolution 5435

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Tentative Subdivision Map- 2022-22- Fulton Estates

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

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

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

6. Commercial
Standards.

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

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

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

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

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

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

Resolution 5435

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corner parking lot configuration shall comply with City Tentative Sr"rbdivision Map- 2022-22- Fulton Estates
f Prior to the start of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and schedule work in older to avoid all possible delays due to conflicts of operation and to gllarantee that all City requilements are met. The Contractor shall perfonn no collstmction in the field until after this meeting.

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

Reouired Data. Studies and Master Plan Documents:

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

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

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

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

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Tentative Subdivision Map- 2022-22- Fulton Estates
specifically addless the project impacts and any appropriate rnitigations to facilities identified by the City Engineer.
f fne Transportation Impact Study (TIS) prepared for the project indicated that tlie intersectiou of Tulare Avenue (State Route 137) and Oakmore Street is operating at Level Of Service (LOS) "E" in the PM Peak Hour under existing conditions.

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

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

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

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

Resolution 5435
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Oakrnore Street ultimate light-of-way is 112' (51' and 61' fi'om centerline on the west aud east side of the street respectively). An additional right-of-way dedication of 26' will be requiled.

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

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

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

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

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

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

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

Roadway Classification
Traffic
lndex
Paved Width
(curb face to
curb face)
a) Tulare Avenue (State
Route 137) State Highway
Resolution 5435
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Tentative Subdivision Map- 2022-22- Fulton Estates
Per Caltrans
b) Oakmore Street Major Arterial 10.0 78 Feet
X at opening day improvetnents for any portion of the proposed ploject, construct intersection improvements at the intersection of Tulare Avenue (State Route 137) and Oakmore Street as identified and approved by Caltrans through the Intersection Control Evaluation (ICE) process.

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

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

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

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

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

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

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

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

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Street Frontaqe(s) Confiquration
Tulare Avenue (State Route 137) Per Caltrans
Oakmore Street Barrier Per City Std
Tentative Subdivision Map- 2022-22- Fulton Estates
Owner/Developer shall be required to replace any existing ir-nprovements that are detemrined to be non-compliant with regard to current City standards, or to be otherwise def'ective. Exarnples of deficiencies include, but are not lirnited to, slopes that exceed accessibility standards, cracked or laised concrete, and lack of truncated dome panels. New City Standard driveway approaches shall be constructed as indicated below.
f Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be noncompliant with regard to current City standards, or to be otherwise defective.

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

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

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

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

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

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

Local street connection to Oakmore Street Directional, 20' radius, Per Tentative Subdivision Map- 2022-22- Fulton Estates
City Standards
Alley implovements - The following alley improvernents are required:

1. Construct vee gutter at the following locations:

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

3. Other:

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

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

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

Roadway
Classification Wattage
Color
Rating
(kelvin)
Minimum
Lumens
Mounting
Height
Mast Arm
Length
Local Streets 31 Watt 4,000 4,000 26 feet 6 foot
Collector
Streets
39 Watt 4,000 5,000 26 feet B foot
Minor
Arterial
Streets
39 Watt 4,000 5,000 32 feet 8 foot
Arterial
Streets
71 Watt 4,000 8,500 32 feet B foot
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Tentative Subdivision Map- 2022-22- Fulton Estates
Traffic Signal 4,000 15,000 Varies Varies
f Traffic Control Devices - Street name signs, traffic control signs, pavernent delineation and/or pavement rnarkings shall be installed as required by the City Engineer.

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

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

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

Utilifv Improvements
X att utility services to be located within paved areas shall be placed in the streets prior to paving.
f fne Owner/Developer must make provisions for the installation of a gas distribution system in all streets and at the sizes detelrnined by the Southern California Gas Company.
f att costs associated with the removal, relocation ancl undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including but not limited to electric, Resolution 5435
Paget2
Tentative Subdivision Map- 2022-22- Fulton Estates
communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following stleets have above ground utilities that will need to be undergrounded:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Resolution 5435
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Tentative Subdivision Map- 2022-22- Fulton Estates
The Owner/Developer is hereby notified that the 90-day protest period, commencing liorn the date of approval of tlie project, begins as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirernents, reservation requirements, or other exactions contained in this notice, complying with all the reqnirements of Government Code Section 66020, the Owner/Developer will be legally barred frorn later challenging such exactions.

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

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

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

Sewer lift station fee of $ _ per acre.

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

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

Traffic signal in-lieu fee of $ _.

TID ditch piping in-lieu fee of $
Resolution 5435
PageL6
Terrtative Subdivision Map- 2022-22- Fulton Estates
Sewer main construction in-lieu fee of $
Water main construction in-lieu fee of $
Street construction in-lieu fee of $
f Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements. f Development impact fees to be paid with building permit at rates in effect at time of pelmit issuance.
f Engineering plan check fee to be paid at time of plan submittal.

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

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

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

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

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

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

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

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

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

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

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

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

AYES
NOES:

ABSENT: 0

ABSTAIN
TRACI
City of
&/ D
lqn-/'
CHUC( rvy6uel, CHATRMAN
City of Tu{are Planning Commission
, SECRETARY
ing Commission
Resolution 5435
PagelB
are
Tentative Subdivision Map- 2022-22- Fulton Estates
Subdivision Improvement Agreement 1
Final Map of Fulton Estates Phase 2
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

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

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Fulton Estates 2, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT
FINAL MAP OF FULTON ESTATES 2
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and BN TULARE LP, a California limited partnership located at 7030 NORTH FRUIT AVE, SUITE 101, FRESNO CA 93711, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

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

PARCEL A:

PARCELS 2 AND 3 OF PARCEL MAP NO. 5423 RECORDED APRIL 26, 2024 IN BOOK 55 OF PARCEL MAPS, AT PAGE 31, TULARE COUNTY RECORDS.

APNs: 172-030-044, -045
PARCEL B:

ADJUSTED PARCEL B OF LOT LINE ADJUSTMENT NO. 282, AS FOLLOWS:

THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 4 PER PARCEL MAP NO. 5423, RECORDED IN BOOK 51 OF MAPS, AT PAGE 31, TULARE COUNTY RECORDS.

TOGETHER WITH:

REMAINDER PARCEL OF PARCEL MAP NO. 5423 RECORDED IN BOOK 55 OF MAPS, AT PAGE 31, TULARE COUNTY RECORDS.

EXEPTING THERFROM:

DRAFT
Subdivision Improvement Agreement 2
Final Map of Fulton Estates Phase 2

COMMENCING AT THE NORTHWEST CORNER OF THE REMAINDER PARCEL PER PARCEL MAP NO. 5423, RECORDED IN BOOK 51 OF MAPS, AT PAGE 31, TULARE COUNTY RECORDS; THENCE SOUTH 89°15’33” EAST, ALONG THE NORTHERLY LINE OF SAID

REMAINDER PARCEL, SAID LINE ALSO BEING THE SOUTHERLY LINE OF GRANT DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 2732 AT PAGE 413 TULARE COUNTY OFFICIAL RECORDS, A DISTANCE OF 37.31 FEET TO THE TRUE POINT OF BEGINNING;

THENCE ALONG SAID GRANT DEED TO THE STATE OF CALIFORNIA THE FOLLOWING COURSES; SOUTH 89°15’33” EAST A DISTANCE OF 234.89 FEET; THENCE, SOUTH 44°50’47” EAST, A DISTANCE OF 28.57 FEET; THENCE, SOUTH 00°26’00” EAST A DISTANCE OF 28.01 TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF OAKMORE STREET ( ROAD 124) THENCE FOLLOWING COURSES; NORTH 45°38’40” WEST A DISTANCE OF 28.99 FEET; THENCE, NORTH 89°15’33” WEST A DISTANCE OF 31.43 FEET; THENCE, SOUTH 44°51’39” EAST A DISTANCE OF 28.57 FEET; THENCE, SOUTH 00°26’00” EAST A DISTANCE OF 257.37 FEET; THENCE, LEAVING SAID WESTERLY RIGHT-OF-WAY, NORTH 89°13’41” WEST A DISTANCE OF 222.89 FEET; THENCE NORTH 00°26’00” WEST A DISTANCE OF 305.24 FEET TO POINT ON THE SOUTHERLY LINE OF SAID GRANT DEED

TO THE STATE OF CALIFORNIA, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM:

MAP OF FULTON ESTATES PHASE 1B RECORDED AS DOCUMENT NO. 2025-00110281 AND FILED IN VOLUME 45 OF MAPS AT PAGE 45 TULARE COUNTY RECORDS AND CERTIFICATE OF CORRECTION RECORDED ON December 16, 2025, AS DOCUMENT NO. 2025-0065381, OFFICIAL RECORDS OF TULARE COUNTY.

The above description is pursuant to Resolution No. 875 recorded January 13, 2026 as Document No. 2026-0001644, Tulare County Records; and Grant Deed recorded January 13, 2026 as Document No. 2026-0001646, Tulare County Records.

APN: 172-030-047 and -048
B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.

C. Subdivider desires and agrees to complete the improvements required by Resolution 5435 for TENTATIVE SUBDIVISION MAP APPLICATION NO. 2022-22 dated OCTOBER 24, 2022 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.

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

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said FULTON ESTATES Tentative Map, Subdivider and City hereby mutually agree as follows:

DRAFT
Subdivision Improvement Agreement 3
Final Map of Fulton Estates Phase 2
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has DRAFT
Subdivision Improvement Agreement 4
Final Map of Fulton Estates Phase 2
been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Performance Bond, the language on the bond shall be in substantial compliance with Gov.

Code § 66499.1. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements DRAFT
Subdivision Improvement Agreement 5
Final Map of Fulton Estates Phase 2
and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Labor and Material Bond, the language on the bond shall be in substantial compliance with Gov. Code § 66499.2. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h).
11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

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

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

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required DRAFT
Subdivision Improvement Agreement 6
Final Map of Fulton Estates Phase 2
insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.

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

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

a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or DRAFT
Subdivision Improvement Agreement 7
Final Map of Fulton Estates Phase 2
action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
DRAFT
Subdivision Improvement Agreement 8
Final Map of Fulton Estates Phase 2
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE BF CENTRAL VALLEY HOLDINGS LLC,
a Municipal Corporation Washington Limited Liability Company

By: By:

Marc Mondell, City Manager
Name:

Title:

ATTEST:

Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
DRAFT
Subdivision Improvement Agreement 9
Final Map of Fulton Estates Phase 2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
DRAFT
Subdivision Improvement Agreement 10
Final Map of Fulton Estates Phase 2

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.

DATED: ____________________, 20___

BENEFICIARY

By: ________________________________________

Print Name: ________________________________________
Title: ________________________________________

(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)
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Subdivision Improvement Agreement 11
Final Map of Fulton Estates Phase 2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
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Subdivision Improvement Agreement 12
Final Map of Fulton Estates Phase 2
EXHIBIT “A”
Estimated Improvement Costs & Security Requirements
FULTON ESTATES PHASE 2
Bond Type Required Bonding Amounts
Performance Bound Amount*
(100% Improvement Cost**)
$ 3,293,659.50
Payment Bond Amount
(50% Improvement Cost)
$ 1,646,829.75
Maintenance Bond Amount***
(10% of Required Improvements)
$ 329,365.95
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above
** Upon the developer's request, the city may calculate a reduced bond amount (less than 100% improvement cost) following the City’s standard bond reduction procedures for partially installed improvements.
*** Maintenance bond is required at the time the improvements are accepted by the city.

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Subdivision Improvement Agreement 13
Final Map of Fulton Estates Phase 2
EXHIBIT “B”
Estimated Oversize Improvement Costs
FULTON ESTATES PHASE 2
Item Oversize Cost
Street Facilities
$565,535.00
Street Name: Oakmore Street
Description Quantity Unit
Measure
Unit
Price
Place 6” Asphalt Concrete Surfacing 1,415 Tons $125.00 $176,875.00 Place 17.5” Aggregate Base 4,319 Tons $40.00 $172,760.00 Street Name: Tulare Ave (CA HWY 137)
Description Quantity Unit
Measure
Unit
Price
Place 4.5” Asphalt Concrete Surfacing 892 Tons $125.00 $111,500.00 Place 12” Aggregate Base 2,610 Tons $40.00 $104,400.00
Water Facilities
$91,655.00
Street Name: Oakmore Street
Description Quantity Unit
Measure
Unit
Price
963 LF $45.00 $43,335.00
Street Name: Tulare Ave (CA HWY 137)
Description Quantity Unit
Measure
Unit
Price
1,074 LF $45.00 $48,330.00
Storm Drain Facilities
$15,120
Street Name: Ryan Avenue
Description Quantity Unit
Measure
Unit
Price
DRAFT
84 LF $180.00 $15,120.00
Subdivision Improvement Agreement 14
Final Map of Fulton Estates Phase 2
EXHIBIT “C”
Subdivision Agreement Fees
FULTON ESTATES PHASE 2
Account No. Transaction No.R/C
No.

Description of Charge Quantity Unit Cost Total
Amount
Plan Check Fees
TBD Improvement Plans Check Fees 1 $ 31,403.00 $ 31,403.00 TBD Final Map Plan Check Fees 1 $ 9,447.00 $ 9,447.00
TBD Parcel Map Plan Check Fees 1 $ 0.00 $ 0.00
Inspection, Testing and Construction
001-3247-001 1391 S-29 Public Inspection Fee 1 $ 99,461.00 $ 99,461.00 010-3265 3060 Backflow Test 0 $0.00 $ 0.00
010-3270-3 3073 Water Pressure Test 9 $ 264.00 $ 2,376.00 010-3270-004 3074 Water Purity Sample 9 $ 227.00 $ 2,043.00 Front Foot Fees
015-3265 3420 Sewer Front Foot 0 $28.00 $ 0.00
010-3265 3060 Water Front Foot 0 $19.00 $ 0.00
001-3265 9260 Street Front Foot 0 $0 $ 0.00
Benefit Districts
001-3252-002 1472 S-37 Benefit District Creation 0 $ 1,458.00 $ 0.00 001-260- 9260 Storm Drain Benefit District 0 $0 $ 0.00
001-260 9260 T.I.D. Benefit District 0 $0 $ 0.00
TBD Landscape & Lighting District 1 $ 1,458.00 $ 1,458.00 In-Lieu Fees
001-260-053 9260 T.I.D. Ditch Piping 0 $0 $ 0.00
001-3249- 141 Storm Drain Acreage 0 $0 $ 0.00
001-260-055 9260 Off-site Street Improvements 0 $0 $ 0.00 Non-Bonded Improvements
001-3266-000 1611 Street Signs 8 $ 276.00 $ 2.208.00
Other
001-3120-2 1252 Street Easement/Abandonment 0 $ 0.00 $ 0.00 Total = $ 148,396.00
Less Previously Paid = $ 0.00
Less Credits = $ 0.00
Amount Due = $ 148,396.00
DRAFT
Subdivision Improvement Agreement 15
Final Map of Fulton Estates Phase 2
EXHIBIT “D”
Minimum Insurance Requirements, Coverage Types, Amounts FULTON ESTATES PHASE 2
Coverage Afforded Limits of Liability
Worker’s Compensation: As required by the State of California and Employer’s Liability Insurance
Commercial General Liability Insurance
Including:
$2,000,000 per occurrence for Bodily Injury, Personal
Injury, and Property Damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location
or the general aggregate limit shall be twice
(minimum $4,000,000) the required occurrence
limit.
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including: $2,000,000 Bodily Injury and Property Damage. a) Non-owned
b) Leased
c) Hired Vehicles
Employer's Liability:

Subcontractors:

Verification of Coverage:
$1,000,000 per accident for bodily injury or disease.

Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate
certificates and endorsements for each
subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.

Contractor shall furnish the City with original
endorsements effecting coverage required by this
clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on
its behalf. All Certificates of Insurance and
endorsements are to be received and approved by
the City before work commences. Upon the request
of the City, the Contractor’s insurer may provide
complete, certified copies of all required insurance
policies, including endorsements affecting the
DRAFT
coverage required by these specifications.

SURVEYOR'S STATEMENT

RECORDER'S STATEMENT
OWNERS STATEMENT FULTON ESTATES 2

CITY ENGINEER'S STATEMENT

CITY SURVEYOR'S STATEMENT

PLANNING COMMISSION CERTIFICATE

LEGAL DESCRIPTION
’ ”
’ ”
’ ” ’ ”
’ ” ’ ”
’ ” ’ ”
’ ”
’ ” RIGHT TO FARM NOTICE

NOTICE TO HOMEOWNERS

CITY CLERK'S CERTIFICATE

SOIL ENGINEERS REPORT
BOARD OF SUPERVISOR’S STATEMENT
’

VICINITY MAP N

PUBLIC WORKS CERTIFICATE

NOTARY ACKNOWLEDGEMENT

SIERRA AVENUE ELBERTA STREET
RYAN
AVENUE
(STATE ROUTE 137) - AVENUE 232 OAKMORE STREET

N BASIS OF BEARINGS
FULTON ESTATES 2
LEGEND
BASIS OF BEARINGS:

OUTLOT "A" OUTLOT "A" OUTLOT "A"
LOT 40
LOT 27 LOT 22 LOT 23
LOT 43
LOT 24
LOT 42
LOT 25
LOT 41
LOT 26
LOT 36
LOT 31
LOT 39
LOT 28
LOT 38
LOT 29
LOT 37
LOT 30
LOT 34
LOT 33
LOT 35
LOT 32
LOT 70
LOT 64
LOT 67
LOT 57 LOT 58 LOT 61 LOT 62 LOT 63
LOT 66
LOT 71
LOT 65 HOYT PLACE

SCOON PLACE ELBERTA STREETRANCH ACRE ROAD QUEBEC STREET (STATE ROUTE 137) - AVENUE 232
SUNSET

AVENUE OAKMORE STREET
LOT 74
LOT 54 LOT 55 LOT 56 LOT 59 LOT 60 REMAINDER OUTLOT "B" LOT 50
LOT 21
LOT 48 LOT 49
LOT 20 LOT 75
LOT 18 LOT 17 LOT 19
LOT 12 LOT 16 LOT 15 LOT 14 LOT 13 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 LOT 5 LOT 3
LOT 4
LOT 76
LOT 47
LOT 68
LOT 69
LOT 73
LOT 72
LOT 44 LOT 46 LOT 45
LOT 51 LOT 52 LOT 53
N
FULTON ESTATES 2
BASIS OF BEARINGS:

LEGEND

ONTARIO CIRCLE OTTAWA PLACE SOUTH RANCH

ACRE ROAD

SIERRA AVENUE QUEBEC STREET

RYAN AVENUE OAKMORE STREET
SUNSET
AVENUE
LOT 85
LOT 78
LOT 79
LOT 83
LOT 82
LOT 81
LOT 80 OUTLOT "B" OUTLOT "C" OUTLOT "D" LOT 75
LOT 2
LOT 7 LOT 6 LOT 5
LOT 84
LOT 3
LOT 4
LOT 76
LOT 1
LOT 77 LINE TABLE RADIAL TABLE CURVE TABLE CURVE TABLE FULTON ESTATES 2 BASIS OF BEARINGS:

LEGEND
N

LOT LOT LOT

WITNESS CORNER DETAIL FOR SIDE AND REAR CORNER LOT WITNESS CORNER DETAIL FOR FRONT LOT CORNER
LOT
LOT
Staff Report
Meeting: City Council
Date: February 3, 2026
Department: Information Technology Services
Submitted by: Jason Bowling, Deputy City Manager / Chief Technology Officer Agenda Title: Telephone System Replacement

RECOMMENDED ACTION
Authorize the City Manager to execute contracts related to CIP Project IT2023-07 Telephone System Replacement; award a professional services agreement to Cloud Revolution in the amount of $79,400 for Microsoft Teams migration services, subject to minor conforming changes as approved by the City Manager and City Attorney; authorize the City Manager or designee to approve Cloud Revolution contract change orders in an amount of not to exceed 10% ($7,940); and approve a contract change order to the Microsoft Enterprise Agreement with Dell, Inc. in the amount of $24,600 to cover through the end of the existing contract July 1, 2027.

SUMMARY
Current Telephone System
The current telephone system was installed in 2013 and is reaching the end of its useful life. The existing phone system will no longer be supported by the manufacturer in coming months. Currently, staff have two separate solutions to help with communications: Mitel Connect and Microsoft Teams for videoconferencing.

Proposed Telephone System
Staff reviewed multiple different potential telephone systems and multiple partners to help facilitate the change to a new system. The proposed solution is the addition of telephone dialing to Microsoft Teams, expanding beyond existing video conferencing capabilities. The vendor Cloud Revolution will facilitate migration from Mitel Connect to Microsoft Teams. Cloud revolution is certified as a Microsoft Partner and has a deep knowledge and focus of Microsoft Teams and voice integration. Staff anticipate this project will be completed by Summer 2026.

Procurement
The cost of Cloud Revolution’s scope of work is $79,400 and will be acquired using the cooperative purchasing agreement Omnia Partners Contract 01-125.

Item #: 7.7
Consent

FISCAL IMPACT & FUNDING SOURCES
All one-time expenses will be funded from CIP Project IT2023-07 Telephone System Replacement as appropriated in the Fiscal Year 2026 Budget.

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
Subsequent contract approval to be revised by the City Attorney.

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. Draft contract with Cloud Revolution
Reviewed/Approved:

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CITY OF TULARE

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into as of date between the City of Tulare, a California charter city ("City") and Cloud Revolution, a corporation from Lafayette, Colorado ("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 for migration of the City of Tulare phone system from Mitel to Microsoft Teams("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 until date (“Completion Date”) 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 for services rendered to City pursuant to this Agreement according to the payment schedule as set forth in Exhibit D. The total amount paid by the City to Consultant for Services shall not exceed Seventy-nine thousand four hundred dollars ($79,4000). The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Consultant

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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 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

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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. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for Services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant. The provisions of this Section 4 shall survive the termination of this Agreement for any reason.

11. Confidentiality. All work product prepared and performed by and on behalf of 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. Consultant shall also require its subcontractors to be bound to 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.

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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 otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) 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.

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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 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.

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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.

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 Servicesrequired 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

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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 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:

CONSULTANT LEGAL NAME CITY OF TULARE

Name, Title 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

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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). Consultantshall 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.

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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.

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10.14.25tg
Exhibit C – Consultant Certificate of Insurance

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10.14.25tg
Exhibit D – Payment Milestones
We have prepared a quote for you
Microsoft Teams Phone System
Quote # 21-004232
Version 1
Prepared for:

City of Tulare
Ken Wales
[email protected]
Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Exhibit A – Scope of Services
Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Statement of Work
This quote is valid until: 01/30/2026
Introduction
Thanks for considering Cloud Revolution. This Statement of Work (SOW) outlines the services that must be accomplished for this project to be successful. This document defines the responsibilities of Cloud Revolution and City of Tulare referred to as “customer” throughout this document.

Revision History
Revision Date Author Notes
Rev. 1 8/25/2025 Adam Ball Initial Revision
Rev. 2 12/22/2025 Adam Ball Updated with additional detail regarding milestones Rev. 3 1/20/2026 Adam Ball Added locations
Table 1: Revision History
Executive Summary
The City of Tulare is currently utilizing a Mitel Phone System. This phone system is now End of Life (EOL) and they are evaluating solutions to replace it. They have approximately 350-400 extensions on the Mitel today. These extensions represent users, common area devices, and conference rooms.

Cloud Revolution is proposing to migrate the customer to Microsoft Teams.Cloud Revolution would utilize SIPPIO to provide PSTN via Operator Connect.

Cloud Revolution will work with the customer to perform design and planning.

Once the Decisions document is signed-off on by the customer,Cloud Revolution will continue to the Build phase. The Build phase will be considered complete when the initial test plan is completed.

Cloud Revolution will run a pilot with the customer to validate the Adoption and Change Management process for the organization. This pilot will utilize the same plan as the production cutovers.

Taking into account the lessons learned from the pilot, Cloud Revolution will work with the customer to perform up to six (6) cutover events.

Each cutover will have one day of support.

After the cutovers, Cloud Revolution will evaluate call quality to identify any locations that may be having difficulties.

The project is structured as a fixed-fee engagement, with pricing tied to defined deliverables and organized into milestones for project governance and billing.

Project Goals
 Deploy and configure Microsoft Teamsfor users within the existing Office 365 environment  Enable Microsoft Teams Calling and Meeting functionality  Configure security settingsto reflect best practices
 Provide training materials and initial train-the-trainer sessions  Meet with key stakeholdersto review best practices
 Provide follow-up to evaluate user adoption and review implementation Quote#21-004232
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Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Project Overview / Scope
Under this SOW,Cloud Revolution will provide the following activities and deliverables:

Initiate & Plan
 Planning Workshop(s) to drive decisions on the following topics o Project Schedule
o Network Readiness
o Phone System Policies
o Emergency Calling
o Inbound Call Handling
o Number Porting
o Meeting Policies
o Teams Licensing
o TeamsDevices
o Adoption/Change Management
 Create Microsoft TeamsDecisions Document and submit for customer sign-off Configure & Build
 Configure Microsoft Teams Meetings policies based on workshop decisions  Assist with obtaining Operator Connect phone numbers
 Configure PSTN carrier administration portal integration into Microsoft Teams  Configure Microsoft Teams Phone System policies based on workshop decisions o Up to one (1) Dial Plan
o Up to three (3) TeamsIP Phone Profiles
 Configure Microsoft TeamsInbound Call Handling
o Up to 15 TeamsAuto Attendants and one (1) tenant holiday schedule o Up to 15 Teams Call Queues with associated shared voicemails  Configure Microsoft Teams Emergency Services (Dynamic E911) for up to 15 locations  Execute system and user acceptance test plan and remediate any findings  Assist with preparing and submit number port and schedule go-live Execute Go-Live
 Enable pilot users for Microsoft Teams phone system in one (1) cutover event o Pilot must be executed in the North America region
o Each cutover event will be up to 25 pilot users
o Number porting for up to one (1) losing carrier per each event o Provide up to two (2) weeks of pilot support
 Training (All Training Sessions listed below may be recorded and re-used by the customer for their own purposes) o IT Admin knowledge transfer – up to four (4) 60-minute sessions o End User Phone System training - Train the Trainer- 60-Minute Session o End User Meetings training - Train the Trainer- 60-Minute Session o Help Desk troubleshoot overview and documentation - 45-minute session o Help Desk onboard/offboard and documentation - 45-minute session  Enable production users for Microsoft Teams phone system in six (6) small cutover events o Each cutover event will be up to 500 production users o Number porting for up to one (1) losing carrier per each event o Provide up to one (1) business day of hyper-care
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Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Optimize & Operate
 Monitor and review Call Quality Dashboard after one (1) week of production go-live o IT Admin knowledge transferspecific to Call Quality - 45-minute session Customer Responsibilities
 Customer to designate Cloud Revolution as the Customer Partner of Record (CPOR), if requested  Customer shall define a single point of contact for all project-related communications  Customer shall notify Cloud Revolution via written request within 2-business days of any changes associated with the agreed upon project timeline. Any delays necessitated by the customer will result in a project change order. Failure to notify Cloud Revolution in a timely manner could result in an additional fee due to project duration needing to be extended  Customer shall acknowledge and sign off on project schedule and decisions document prior to any configuration to take place.  Customer shall provide any 3
rd party hardware/product, and/or licenses required for solution functionality, which may not specifically be quoted by Cloud Revolution
 Customer shall place, mount, and connect any equipment in scope for configuration and configure base IP addresses based on Cloud Revolution instructions and provide independent remote access thru the means of VPN or VDI to any such equipment  Customer shall provide information gathering data in a timely manner according to the agreed upon project timeline. Failure to provide requested information to Cloud Revolution in a timely manner could result in an additional fee due to project duration needing to be extended
 Customer shall provide information gathering data required by the project in provided worksheets according to the format specified by Cloud Revolution. Failure provide data in the required format could result in an additional fee due to additional level of effort from Cloud Revolution
 Customer shall provide Cloud Revolution independent remote and administrator access to all associated systemsthat are part of this project. This includes as applicable: Skype for Business Admin , Microsoft TeamsAdmin, Office 365 User Admin, Office 365 Groups Admin and Office 365 Global Reader privileges. Screen share will result in an additional fee due to project duration needing to be extended
 Customer shall distribute, mount, place, and provision any end user and/or shared devices required by the solution. This includes devices such as headsets, cameras, desk phones, common area phones, conference phones, etc., unless otherwise stated in this statement of work
 Customer shall reconfigure any existing SIP endpoints such as ATAs,paging systems, door/gate phones, etc., unless otherwise stated in this statement of work
Out of Scope
 Configuration changes to 3
rd party systems/devices not listed in this proposal
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Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Deliverables
The table below indicates the deliverables included as part of this statement of work.

The project is structured as a fixed-fee engagement, with pricing tied to defined deliverables and organized into milestones for project governance and billing.

Name Description Milestone
Project Kick-off Project Overview Presentation Project Kick-off Microsoft Teams Project Plan and
Schedule
Document outlining major tasks and
scheduling decisions
Project Kick-off
Microsoft TeamsDecisions and
Requirements Document
Document containing all planning and
configuration policy decisions
Decisions Document
Microsoft TeamsQuickStart Guides Guide to help users get started with Microsoft Teams and learn the basics
Decisions Document
Communication E-mail Templates Generic templates that can be customized for end user communications
Decisions Document
Configuration Worksheets Worksheets containing as-built configurations as decided upon during
workshops
Pilot, Project Completion
Help Desk Handbook Aid A summary document indicating top help desk issues and how to resolve them
Pilot
Completed TestPlan Document indicated successful test plan scenarios
Pilot, Project Completion
Table 2: Deliverables
Project Timeline Expectations
Within 2 business days aftersigned acceptance Cloud Revolution will assign project resources and schedule a kick-off meeting.

The expected duration of this project has been estimated to be 18 weeks from the time of kick-off to completion. If the project exceedsthis timeframe a project change order will be required to extend the project and will result in additional fees.

Project Management
Cloud Revolution will assign a Project Manager to oversee the project. This individual will be the single point of contact for all aspects of this project. The Project Manager will create the secure project repository and ensure all stakeholders have access. Additional responsibilities include:
 Conduct internal and customer meetings
 Develop the project plan
 Schedule partner resources as needed
 Provide issue and risk management reporting
 Provide agenda and meeting notes
 Track Cloud Revolution and customer deliverables
 Manage change requests and any associated billing with the customer  Complete the project closeout process
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Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Project Locations
Services and other deliverables will be provided to the locations defined below:

Location Address City State ZIP Access
City Hall 411 E Kern Ave Tulare CA 93274 Remote
Animal Services 3817 S K St Tulare CA 93274 Remote
Code Enforcement 407 North K Street Tulare CA 93274 Remote Fire 61 800 S Blackstone St Tulare CA 93274 Remote
Fire 62 138 N E St Tulare CA 93274 Remote
Fire 63 2900 N M St Tulare CA 93274 Remote
Fleet 3989 S K St Tulare CA 93274 Remote
Library 475 N M St Tulare CA 93274 Remote
Police 260 M St Tulare CA 93274 Remote
Public Works 3981 S K St Tulare CA 93274 Remote
Parks and Recreation 830 S Blackstone St Tulare CA 93274 Remote Senior Center 201 N F St Tulare CA 93274 Remote
Wastewater 1875 S West St Tulare CA 93274 Remote
Table 3: Project Locations
The Project location list identifies where Cloud Revolution has implementation responsibilities. The Cloud Revolution services identified in this SOW are intended to fulfill the implementation requirements of the proposed solution.

The customer will be responsible for acknowledging the delivery of the project by signing a Project Acceptance document after this engagement. If Cloud Revolution is not notified of any problems with the work within 5 business days of the completion of the engagement, the services delivered will be deemed accepted.

Change Control Process
Even with the best planning activities, there are unforeseen events that change the duration and/or scope of a project. In this case, a Change Order request will be submitted for review by the customer for the additional duration and/or change in scope. Either the customer or Cloud Revolution may initiate a Change Order request. In the event a Change Request is issued related to project timeline extension or additional engineering effort Cloud Revolution will place the project on hold until the Change Request is signed by the customer.

Excessive Delays
If this project is delayed by at least 90 days due to circumstances outside of Cloud Revolution’s control, Cloud Revolution may invoice the customer for any actual costs incurred up to the point of delay that have not yet been billed. The remaining milestone balance will be deferred until project completion or adjusted based on the revised schedule. This provision is intended to ensure Cloud Revolution is compensated for work and costs already incurred without suffering undue delays in payment, while also ensuring the customer is not responsible for services or materials that have not yet been incurred prior to the delay,maintaining fairness for both parties.

Travel& Expenses
If the services outlined in this Statement of Work require travel, Cloud Revolution will submit receipts to the customer and those fees will be paid to Cloud Revolution. Fees associated with travel are as follows:
 Auto mileage: Standard IRS reimbursement rate
 Airfare: Actual cost
 Lodging: Actual cost
 Local transportation: Actual cost
 Meals: Actual cost
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Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
General Assumptions
Please review this document carefully to ensure all services contracted for are included. If a product or service is not outlined in this document, assume it is not included.
 All work will be scheduled in advance
o All unscheduled work will be responded to on a best-effort basis  Time and Materials work will be scheduled at least 2-business days in advance  Work will be scheduled from 8AM-5 PM Pacific time, Monday through Friday  During the initiate and planning phase and any periods throughout the project where Cloud Revolution is not actively performing work, i.e., customer information gathering phase or waiting periods between user-cutovers, number porting events, etc., weekly status meetings will not occur.
 During the project, the customer agrees to not make unauthorized or uncommunicated changes to services associated with this project
 Customer acknowledges that Cloud Revolution may receive monetary fees, commission, or compensation from Microsoft in connection with the services provided to Customer
 Cloud Revolution will have command line access within the Office 365 tenant for configuration and for any account enablement  Cloud Revolution will not be held responsible for security breaches that occur outside our control  Cloud Revolution will not be held responsible for failed emergency services calls

Quote#21-004232
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Email: [email protected]
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Cloud Revolution Services
Milestone Suggested Price Customer Price
Project Kick-off
 Project Kickoff
 Project Plan
 Engineer coordination
 Initial meetings
$8,600.00 $7,940.00
Decision Document Completion
 Workshops
 Decision Document Preparation,
Review and Delivery
$21,500.00 $19,850.00
Build Phase Completion
 Completion of the Build Phase
Activities
$21,500.00 $19,850.00
Pilot Completion
 Competition of the Pilot Phase
Activities
$12,900.00 $11,910.00
Migration Completion
 Competition of the Migration Phase
Activities
$12,900.00 $11,910.00
Project Completion
 Enable Phase Completion
 Optimize and Operate Phase Completion
$8,600.00 $7,940.00
Subtotal: $79,400.00
Quote#21-004232
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Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Microsoft Teams Phone System
Prepared by: Prepared for: Ship to: Quote Information:

Cloud Revolution LLC City of Tulare City of Tulare Quote #: 21-004232 Adam Ball
720-617-3454
[email protected]
411 East Kern Avenue
Tulare, CA 93274
Ken Wales
(559) 684-4228
[email protected]
411 East Kern Avenue
Tulare, CA 93274
Ken Wales
(559) 684-4228
[email protected]
Version: 1
Delivery Date: 01/22/2026
Expiration Date:
01/30/2026
Quote Summary
One Time Summary
Description Amount
Cloud Revolution Services $79,400.00
Total: $79,400.00
Omnia Partners Contract Number: 01-125
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

Orders that contain product will be invoiced on order.

This SOW is deemed accepted when a PO is issued.

Cloud Revolution LLC City of Tulare
Signature:

Name: Adam Ball
Title: Co-founder
Date: 01/22/2026
Signature:

Name:

Date:

Quote#21-004232
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Project Charter
Project Title: City of Tulare – Microsoft Teams Phone System

1. Project Overview
The City of Tulare is replacing its end-of-life Mitel phone system with Microsoft Teams Phone to modernize communications, enhance reliability, and align with Microsoft 365 cloud-based capabilities.

This Project Charter summarizes the professional services to be delivered by Cloud Revolution. This project charter is intended to be completed through collaboration with the Cloud Revolution Project Manager and the City of Tulare Project Manager during the Initiate stage of the project. Approval of the Project Charter by the City Project Manager is necessary to proceed to the Manage stage.

2. Business Objective
Purpose
The City of Tulare seeks to implement Microsoft Teams Phone for telephony services and decommission the legacy Mitel telephony system. The Mitel system is end-of-life as of June 2026.

Outcome
A fully functional Teams Phone system, communication reliability, and enhanced emergency calling capabilities. Additionally, all work performed in accordance with City policies, to meet all applicable federal and California regulations, and industry best practices.

3. Scope and Deliverables
In Scope: Discovery, design, configuration, pilot, migration, training, documentation.

Out of Scope: Contact center platforms beyond Teams call queues, third-party systems unless explicitly included.

Project Charter
Confidential — Prepared by Cloud Revolution
Project Scope Drilldown
Stage: Initiate
Phase 1: Kickoff & Project Planning
• Activities: IKO, CKO
• Artifacts: Project Charter, Project Plan/Timeline, Governance/Communication Plan, RIDAC Log
• Exit Criteria: Approved Project Charter
• Billing: 10%
Stage: Manage
Phase 2: Discovery & Design
• Activities: Discovery, Workshops, Decision (Design) Document Development • Artifacts: Current State Assessment, Decision Document, Dial Plan & Call Flow Diagrams, E911 Configuration Plan, Pilot Plan
• Exit Criteria: Approved Decision Document
• Billing: 25%
Phase 3: Configuration & Build
• Activities: Tenant configuration, SBC/OC configuration, AA/CC/E911 configuration • Artifacts: As-built draft documents / config exports, Pilot Test Matrix, Pilot User List • Exit Criteria: Approved Pilot Test Matrix
• Billing: 25%
Project Charter
Confidential — Prepared by Cloud Revolution
Phase 4: Pilot Testing & Migration Planning
• Activities: Pilot Testing, Number Porting Preparation, Migration Runbook Development, Configuration Tuning
• Artifacts: Pilot Test Results Report, Issue Resolution Log, Migration Runbook, Updated As-built Documents, User Adoption materials
• Exit Criteria: Approved Migration Runbook
• Billing: 15%
Phase 5: Migration & Cutover
• Activities: Number Porting, Admin Training, Phased Migrations • Artifacts: Admin Training recordings, Migration Results Reports, Issue Register • Exit Criteria: Approved Cutover Validation Checklist
• Billing: 15%
Stage: Close
Phase 6: Post Migration Support
• Activities: Call Quality Review, Issue Support, As-Built updates, Closeout meeting • Artifacts: Issue Log, As-built Documents, Project Closeout Report • Exit Criteria: Approved Project Closeout Report
• Billing: 10%
Key Deliverables
• Project Charter (this document)
• Current State Assessment Report
• Pilot Test Matrix
• Decisions Document
• Migration Runbook
• Cutover Results / Issue Log
• Training Materials and Recordings
• As-Built Documentation

4. Stakeholders
Primary Stakeholders: City of Tulare IT, Cloud Revolution Project Team Governance Structure: Weekly meetings, defined escalation path, structured decision-making.

5. Success Criteria
Success includes complete migration, functional call flows, validated E911, and no outstanding critical issues.

Dependencies: Access to systems and personnel, timely approvals.

Project Charter
Confidential — Prepared by Cloud Revolution

6. Risks and Constraints
Risks: Network readiness issues, delays in number porting, incomplete customer data, Microsoft Tenant/Feature limitations.

Constraints: Standard business hours, maximum six cutovers, North America pilot region.

7. Billing Milestones
Each milestone has a defined, objective exit criteria. Any changes to the exit criteria or milestone definitions will be via mutually agreed Change Order.

Phase % Milestone Total
Kickoff 10% 10%
Discovery & Design 25% 35%
Configuration & Build 25% 60%
Pilot & Planning 15% 75%
Migration & Cutover 15% 90%
Project Completion 10% 100%

8. Approval
Role Name Signature Date
Project Sponsor
Executive Sponsor
Project Manager
Governance Board
Terms and Conditions
version 1.3
A. Cloud Revolution provides modern workplace collaboration products and services with a focus on connecting people through technology.

B. Client wishes to use Cloud Revolution’s services and expertise in a variety of ways as described in additional Statements of Work.

C. The Parties intend to execute additional Statements of Work that will detail specific deliverables, commitments, and pricing.

D. The Parties wish to memorialize the terms governing their business relationship.

AGREEMENT
The parties mutually agree as follows:

SCOPE OF AGREEMENT

1. The Parties agree that they will from time to time execute additional agreements subordinate to this one, called Statements of Work (“SOW”). Each SOW shall be subject to the terms and conditions contained in this agreement. Where an SOW is silent on a term, this agreement shall control. Where a term conflicts between an SOW and this agreement, the SOW shall control. Each SOW shall be signed by both Parties. An SOW executed under this agreement shall contain at minimum the following terms: 1) a description of the purpose of the SOW; 2) a reasonable description of the scope of services to be provided (“Services”); 3) all relevant fees and charges including payment terms; and 4) targeted start and end dates.

REPRESENTATION AND WARRANTIES

2. Client represents and warrants that:
a. it will at all times provide Cloud Revolution with the information, materials, and supplies necessary to fulfill its duties under an SOW;
b. it will at all times provide Cloud Revolution appropriate access to personnel empowered to execute Client’s obligations under an SOW;
c. it will promptly notify Cloud Revolution of any law, regulation, required industry standard, or any contractual or other legal obligation not referenced in this agreement or the relevant SOW that concerns the subject of any SOW; and
d. it has the power to enter into this agreement.

3. Cloud Revolution represents and warrants that:
a. The Services shall be performed in a professional manner; and Cloud Revolution – Master Agreement version 1 Page 2 of 7 b. The Services will be provided according to any specific standards expressly described in any applicable SOW, and if no standards are set forth in the applicable SOW, according to generally accepted industry standards.

Limited Remedies.

4. In the event that Client identifies in writing to Cloud Revolution any alleged deficiencies in the Services, Cloud Revolution may, at its sole discretion and as Client’s sole remedy for any alleged breach: (a) re-perform or modify the Services in a manner that resolves the alleged deficiency forming the basis for the breach of warranty claim; or (b) refund the amount of any fees that have been paid by Client to Cloud Revolution and are attributable to the Services that are the subject of the breach of warranty claim.

Disclaimer.

5. The warranties set forth in this Section 6 are the sole and exclusive warranties made by Cloud Revolution to Client under this agreement or any SOW. Cloud Revolution specifically disclaims any and all other warranties of any kind with regard to any subject matter of this agreement, including any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.

Limitation of Warranties and Liability.

6. Despite any other provision of this agreement, any SOW, or any exhibit: (a) in no event shall Cloud Revolution’s total aggregate liability to Client arising from or relating to this agreement or any SOW exceed the total amount paid to Cloud Revolution by Client under this agreement and the relevant SOW during the six (6) month period immediately preceding the event(s) giving rise to the liability, regardless of the form of action, whether in contract, tort or otherwise (it being understood that Cloud Revolution’s liability to Client may be further limited by other provisions of this agreement); (b) in no event shall Cloud Revolution have any liability for the performance or non-performance of any third party or third-party products (including hardware and software), other than a Cloud Revolution subcontractor, even if the third party is recommended by Cloud Revolution or dealt with by Cloud Revolution under this agreement; and (c) without limiting Client’s rights to recover direct damages, Cloud Revolution shall not be liable to Client for any lost code, information or materials, lost profits or revenue, business interruption, computer or system downtime or unavailability, or any indirect, incidental, consequential, punitive, exemplary or special damages, even if Cloud Revolution has been advised of the possibility of the damages.

PAYMENT

7. All fees and charges payable under this agreement shall be described in an executed SOW. An SOW may specify payment terms for amounts due under that SOW that differ from those specified in this paragraph.

Unless specific terms in the relevant SOW provide otherwise, the following terms shall apply to all amounts due. Cloud Revolution shall invoice Client for all fees and reimbursable expenses incurred during each month of this agreement on the completion of each month. Each invoice will state the basis for any fees or expenses included. All invoices shall be due no later than thirty days (30) after the date the invoice is created. Invoices Cloud Revolution – Master Agreement version 1 Page 3 of 7 when past due shall be subject to a late fee equal to one and one-half percent (1.5%) of the overdue amount.

An amount equal to the original late fee shall be added for each subsequent month the balance remains unpaid. Any 3rd party product that is offered as a subscription term is non-refundable.

TAXES

8. Client shall directly pay, or reimburse Cloud Revolution for, all taxes, assessments, fees and other governmental charges of any kind (including sales, use, excise, value-added, business license and gross receipts taxes) (collectively, “Taxes”) that may be imposed upon the Services or any amounts paid to Cloud Revolution under this agreement or any SOW. Despite the foregoing, neither Party shall have any obligation for any Tax upon the other Party’s real, personal or intangible property, or upon the other Party’s net income.

EXPENSES

9. Client shall reimburse Cloud Revolution for all reasonable expenses associated with the purchase, licensing and or support of required third-party software incurred by Cloud Revolution in the course of providing the Services and for reasonable, documented, and necessary expenses incurred by Cloud Revolution in the course of executing any SOWs issued under this agreement (the “Reimbursable Expenses”). Cloud Revolution shall not incur any expenses without prior written approval whether informally or in an SOW.

RECORDS AND AUDIT

10. Cloud Revolution shall maintain records as needed to validate fees and Reimbursable Expenses in accordance with accounting principles commonly used by similar businesses. Client shall maintain records of staffing levels as needed to validate hosting, software license and application support fees. Each Party shall have the right, upon reasonable prior written notice to the other Party, and at a mutually agreeable time and place, to examine these records for the purposes of verifying the charges, fees and reimbursable amounts. Records and any other information received in an examination shall be maintained as Confidential Information under the terms of this agreement and any person or entity conducting an examination shall have agreed in writing to be bound by terms pertaining to the disclosure of Confidential Information at least as restrictive as those found in this agreement.

CONFIDENTIALITY

11. Each Party warrants to the extent applicable that it is the rightful owner and licensee, or otherwise of all title copyright, trademarks, interest, programs, codes, procedures, concepts, know-how, software and operating documentation or related material. Each Party further acknowledges and agrees that performance of its obligations under this agreement may require disclosure of sensitive, confidential, or proprietary information belonging to the other Party or one or more of its customers (“Confidential Information”) which shall be conspicuously labeled as Confidential Information or a substantially similar designation. Each Party agrees to maintain all Confidential Information in strict confidence and not to disclose to any other person or entity without prior written permission of the other Party any Confidential Information as may be provided to it and to take all actions necessary to protect against its disclosure. Each Party agrees to use Confidential Information Cloud Revolution – Master Agreement version 1 Page 4 of 7 only in the performance of its duties under this agreement and to return or destroy all Confidential Information upon termination of this agreement. This agreement and its terms shall be considered Confidential Information. The provisions of this Section shall survive termination of this agreement for any reason and without exception.

NON-HIRE

12. Unless otherwise agreed upon in writing by the Parties, during the term of this agreement and for a period of one year following any termination, neither Party shall, directly or indirectly hire, solicit, or encourage to leave the other Party’s employment, any employee, consultant, or contractor (“Employee”) of the other Party, or hire an Employee who has left the other Party’s employment or contractual engagement within one year of the end of employment or engagement. Each Party agrees that it will not enter into any contractual arrangement or other relationship with an Employee of the other Party, without the affected Party’s prior written consent. Within the non-hire period described by this paragraph, either Party may hire any Employee of the other Party or hire any Employee who has left the other Party’s employment or contractual engagement within one year of employment or engagement provided that the hiring Party pay to the other Party an amount equal to six months of the hired Employee’s unburdened salary calculated at the commencement of the Employee’s start date with the new employer. In the case that the Employee is hired as non-exempt, the amount owed shall be equal to 1,040 hours of pay at the Employee’s hourly pay rate. Six months after the Employee’s start date, the hiring Party shall notify the other Party of the Employee’s then current salary or pay rate and shall pay the difference in amount between the amount paid to the other Party at the start date and the original payment calculated using the Employee’s then current salary or pay rate.

RELATIONSHIP OF THE PARTIES

13. Each of the Parties to this agreement are independent entities and nothing contained in this agreement shall be construed as creating a joint venture, partnership, principal-agent or mutual owner relationship between or among the Parties. No Party shall by virtue of this agreement, have any right or power to create any obligation expressed or implied on behalf of any other Party. No Party or any employee of a Party shall be deemed to be an employer of the other Party by virtue of this agreement.

LIMITATION OF LIABILITIES

14. Parties shall not be liable to each other for any incidental, reliance, special, punitive or consequential damages, of any character from any causes of action of any kind with respect to this agreement whether based on breach of contract, tort (including negligence), or otherwise, and whether or not the Party has been advised of the possibility of the damages. The provisions of this Limitation on Liability shall survive any termination of this agreement.

INDEMNIFICATION

15. Cloud Revolution shall indemnify, defend and hold harmless Client and its officers, agents and employees, against any expense, loss, damage or liability arising out of Cloud Revolution’s performance of its duties under Cloud Revolution – Master Agreement version 1 Page 5 of 7 this agreement or SOW. Client shall indemnify, defend and hold harmless Cloud Revolution and its officers, agents and employees against any expense, loss, damage or liability arising out of Client’s performance of its duties under this agreement.

SUBSEQUENT AGREEMENTS

16. The Parties intend to execute additional SOWs. SOWs shall be executed subject to all of the terms of this agreement. Should any SOW contain a term or agreement that conflicts with a term found within this agreement, the term in the SOW shall control. Any conflicting term will only be effective within the scope of the SOW in which it is found. Conflicting terms will not serve to modify this agreement nor affect the terms of any other SOW unless the term expressly purports to do so and identifies the affected SOWs with reasonable certainty.

TERM AND TERMINATION

17. This agreement will remain in force for a period or term of three (3) years from the date first above written.

After expiration of the initial term and on anniversary of the Effective Date, the agreement will automatically renew for additional one (1) year terms unless a Party sends the other Party sixty (60) days prior written notice of its intent not to renew. This agreement may also be terminated for material breach by either Party after written notice of sixty days during which the breaching Party shall have the opportunity to cure. If the breach is cured, there shall be no termination. In addition, either Party may terminate this agreement for any reason without cause upon giving a six-month notice.

18. Upon termination of this agreement for any reason:
a. Each Party will still be subject to any obligations assumed under any executory SOW’s executed pursuant to this agreement.
b. Each Party shall return or destroy the other Party’s Confidential Information. c. Each Party shall erase from its website any content referring to the other Party and remove any links to the other Party’s website.
d. All rights granted to either Party under this agreement to use the name, likeness, or any mark, whether registered or not, of the other Party shall immediately cease.

19. To the extent that this agreement or an SOW requires (whether or not specified) that a party perform an obligation after expiration or termination of this agreement, that obligation and all provisions of this agreement related to the interpretation and enforcement of it will survive the termination of this agreement.

INJUNCTIVE RELIEF

20. Each of the Parties to this agreement acknowledge and agree that failure to perform obligations assumed under an SOW in a manner inconsistent with this agreement or SOW, may give rise to irreparable injury to the other Party which cannot be adequately compensated in damages and that the other Party may seek and obtain equitable or injunctive relief to prevent or restrain the injury, together with any other remedies which may be available.

Cloud Revolution – Master Agreement version 1 Page 6 of 7 Force Majeure

21. Despite any other provisions of this agreement to the contrary, no Party shall be liable to the other Party for any delay or interruption in performance of any obligation assumed under this agreement resulting from governmental emergency orders, judicial or governmental action, emergency regulations, pandemic, sabotage, riots, vandalism, labor strikes, or disputes, acts of God, fires, electrical failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or any other cause, if the delay or interruption in performance is beyond its reasonable control.

Dispute Resolution

22. The parties shall arbitrate all claims, disputes and other controversies arising between them (including their beneficiaries) concerning or arising out of this agreement or its termination, in accordance with the Colorado Uniform Arbitration Act. The Parties may mutually elect to first mediate any dispute prior to arbitration.

Arbitration shall use a single arbitrator who shall be selected by mutual agreement of the Parties. Discovery shall be allowed at the discretion of the arbitrator. The Parties shall each pay one half of the costs of arbitration or mediation except for any cost of representation or discovery. The findings of the arbitrator shall be binding and not subject to judicial review other than for validity of this paragraph or fraud, misrepresentation, or abuse of discretion by the arbitrator. The arbitrator shall award costs to the prevailing party if the arbitrator finds that an award serves the interest of substantial justice and fairness. This paragraph shall be severable from this agreement and will survive any finding of this agreement or any part of it to be unenforceable.

Governing Law

23. The rights, obligations, and remedies of the parties shall be governed by the laws of the State of Colorado.

The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Colorado.

Third Parties

24. Nothing in this agreement will be construed as giving any person, firm, corporation or other entity, other than the parties to this agreement and their respective successors and permitted assigns, any right, remedy or claim under this agreement or any of its provisions.

Waiver Of Rights

25. Failure of any party to enforce any of its respective rights or remedies under this agreement with respect to any specific act or failure to act of any party will not constitute a waiver of the rights of the party to enforce its rights and remedies with respect to any other or subsequent act or failure to act.

Cloud Revolution – Master Agreement version 1 Page 7 of 7 Entire Agreement

26. This agreement constitutes the entire agreement between the parties and supersedes and cancels any and all prior agreements between the parties relating to the subject matter of this agreement. No changes in this agreement may be made except in writing signed by both parties.

Assignment

27. This agreement may not be assigned by any party without the other party's written consent. Purchase of either party or substantially all the assets of a party by any person or entity shall in no way affect the duties and obligations of the purchased party under this agreement.

Duplicate Originals

28. This agreement may be signed in two or more separate copies, each of which should be deemed a duplicate original.

A combination of testing by the
Cloud Revolution team, and
testing by an IT testing group at
the client organization will be
executed. Bugs will be tracked and
remediated.

Training will also begin at this
stage, along with distribution of
QuickStart guides.

TEAMS VOICE
WEEKS

ONE & TWO
WEEKS

THREE & FOUR
WEEKS

FIVE, SIX &
SEVEN
WEEKS

EIGHT & NINE
WEEKS

TEN & ELEVEN
WEEK
TWELVE
WEEKS
THIRTEEN+
WEEK
TBD

UNDERSTAND
Gather existing knowledge, expose
assumptions and unknowns. Client
will be involved in planning
workshops at this stage.

RESEARCH
This week's success depends heavily on
client engagement to gather and validate
information discussed in week 1.

Physical address validation, decisions on
devices, and call flows information must
be received.

TESTING &

TRAINING
DECIDE
The final decisions documentation
will be delivered and discussed. The
project timeline and the necessary
technical configurations will be
finalized.

CONFIGURE
During this phase, the configurations
will be put in place. Number porting
requests (if applicable) will be
submitted and a pilot group chosen.

GO-LIVE
Ready for first go-live, the first
group of users will make the leap to
Microsoft Teams Voice. Depending
on earlier decisions made, user
enablement may be combined with
number porting activities or number
forwarding at the SBC level.

REITERATE
Go-Live Activities will continue
as planned, enabling and
migrating groups of users in an
iterative process until all users are
enabled.

FINALIZE
At this stage, operational handoff
will complete
Migration Planning Guide
Client:

User Lists
Licenses
Physical Addresses
Engineer Accounts & Access
Client:

Call Flows & Holiday Schedules
Device Requirements
Network Location Mapping
Client:

Auto-Attendant Recordings
Final Decision-Making
Client:

Onsite Phone Placement
Request CSRs and Submit LOAs
Facilitate town halls/user comms
Client:

Participate in Training and Testing
User Enablement Sheets
Timeline assumes that fully remote, independent access has been granted to Cloud Revolution Engineers. Porting timelines are carrier-dependent.

Phone: +1 (720) 617-3454
Email: [email protected]
Web: www.cloudrevolution.com
Cloud Revolution Services
Milestone Suggested Price Customer Price
Project Kick-off
 Project Kickoff
 Project Plan
 Engineer coordination
 Initial meetings
$8,600.00 $7,940.00
Decision Document Completion
 Workshops
 Decision Document Preparation,
Review and Delivery
$21,500.00 $19,850.00
Build Phase Completion
 Completion of the Build Phase
Activities
$21,500.00 $19,850.00
Pilot Completion
 Competition of the Pilot Phase
Activities
$12,900.00 $11,910.00
Migration Completion
 Competition of the Migration Phase
Activities
$12,900.00 $11,910.00
Project Completion
 Enable Phase Completion
 Optimize and Operate Phase Completion
$8,600.00 $7,940.00
Subtotal: $79,400.00
Quote#21-004232
v1 Page: 8 of 9
Exhibit D – Payment Milestones
Staff Report
Meeting: City Council
Date: February 3, 2026
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Historic-Cultural Landmark Nominations

RECOMMENDED ACTION
Pass-to-print an ordinance approving and designating the Tulare Veterans Memorial Building, Hoyt House, T29A Convair Airplane, B-17 Bomber, and F-4 Phantom Jet as City of Tulare Historic-Cultural Landmarks and adding them to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38.

Continued from the January 20, 2026 City Council meeting.

SUMMARY
This is a request by the property owners and caretakers of the buildings and objects listed below, to designate them as City of Tulare Historic-Cultural Landmarks and add them to the Local Register of Historic-Cultural Landmarks.
• Tulare Veterans Memorial Building. 1771 East Tulare Avenue (177-200-005). The subject property is zoned PL (Public Lands), and the General Plan Designation is Public/Quasi Public.

Constructed in 1956, Tulare Veterans Memorial Building Hall was constructed to serve as a living building memorial to Veterans of WWII. Known for its impressive size and its original pink color, it has hosted thousands of people and events over the past eight decades, including famous individuals and landmark Tulare events.
• Hoyt House. 237 North L Street (176-112-006). The subject property is zoned C-3 (Retail Commercial), and the General Plan Designation is Central Business District. The Hoyt House is a two-story late Victorian-Colonial Revival home that was constructed in 1912-1913 and was the home to Hazel Hoyt who was a long-life public servant in the City of Tulare. Hoyt was the first female city clerk in the city. The Hoyt House is one of few last remaining two-story VictorianColonial Revival residences in Tulare. The Hoyt House has been operating as a restaurant since 1995.
• T29A Convair Airplane. 240 North L Street (176-121-025). The subject property is zoned C-3 (Retail Commercial), and the General Plan Designation is Central Business District. The T29A Convair is regarded as a significant piece of aviation history, used as a “Flying Classroom” for USAF and USN servicemembers training throughout the Cold War. The “airplane on L Street” is one of two known surviving T29A Convairs and is the first of its kind eatery in the city of Tulare. It was first built in 1951 and was moved to 240 North L Street in 2003 to operate as a restaurant. • B-17 Bomber. Currently at Mefford Field Airport (191-100-018). The subject property is zoned M2 (Heavy Industrial), and the General Plan Designation is Service Commercial. The B-17G Bomber at Mefford Field honors Veterans from WWII. It was first built in 1945 in Burbank, California. The bomber holds a unique dual military and local historical significance. She is the last surviving B-17 used in the “Operation Crossroads” atomic testing, and a later date, she was flown to Tulare, piloted by Tulare’s military hero, General Maurice Preston. With its location alongside Highway 99 at the southern end of town, the Flying Fortress has welcomed millions of passersby to the city of Tulare since 1958.

Item #: 8.1
Public Hearing
• F-4 Phantom Jet. Currently at Mefford Field Airport (191-100-018). The subject property is zoned M-2 (Heavy Industrial), and the General Plan Designation is Service Commercial. The F-4 Phantom jet at Mefford Field honors Veterans from the Vietnam war. The F-4 Phantom Jet was first commissioned in 1966. It never saw combat but was used in the United States Air Force for 20 years and used in many military bases around the world which included the United Kingdom, Spain, and Libya. With its location alongside Highway 99 at the southern end of town, the Phantom has welcomed millions of passersby to the city of Tulare since 1994.

Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history
• To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

At the January 20, 2026 City Council meeting, the public hearing was opened and continued to February 3, 2026.

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

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Councilmember Mederos owns real property within 1,000 feet from the Hoyt House and the T29A Convair Airplane.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
A notice of public hearing was mailed to property owners within 300 feet of the subject properties and was published in The Visalia Times Delta on January 9, 2026, which is at least then (10) days prior to the public hearing.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If an ordinance is not approved, the Tulare Veterans Memorial Building, Hoyt House, T29A Convair Airplane, B-17 Bomber, and F-4 Phantom Jet would not be designated as local Tulare Historical-Cultural Landmarks.

ATTACHMENTS

1. Complete Historic-Cultural Landmark Nomination Application Packets for the Tulare Veterans Memorial Building, Hoyt House, T29A Convair Airplane, B-17 Bomber, and F-4 Phantom Jet

2. Ordinance
Reviewed/Approved:

ORDINANCE 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.06.04 OF SAID CODE ZONE AMENDMENTS NOS. 766, 767, 768, 769, AND 770
WHEREAS, the Tulare City Council finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.02.02 of the Tulare City Code; and WHEREAS, the Tulare City Council finds that these zone amendments are in conformance with the adopted General Plan for the City of Tulare; and
WHEREAS, the Tulare City Council finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the proposed zone amendments are exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.

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

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.04 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section

10.06.04', thereof, the subject property portion of said map, being attached hereto, is hereby amended as follows:

Amend the zoning map designation for said property from the PL (Public Lands) zoning designation to the PL(H) (Public Lands, Historic-Cultural Landmark Overlay) zoning designation (APN 177-200-005) located on the southwest corner of Tulare Avenue and Mountain View Street, as set forth more specifically on said map.

Amend the zoning map designation for said property from the C-3 (Retail Commercial) zoning designation to the C-3(H) (Retail Commercial, Historic-Cultural Landmark Overlay) zoning designation (APN 176- 112-006) located on the west side of ‘L’ Street, between San Joaquin Avenue and King Avenue, as set forth more specifically on said map.

Amend the zoning map designation for said property from the C-3 (Retail Commercial) zoning designation to the C-3(H) (Retail Commercial, Historic-Cultural Landmark Overlay) zoning designation (APN 176- 121-025) located on the east side of ‘L’ Street, between San Joaquin Avenue and King Avenue, as set forth more specifically on said map.

Amend the zoning map designation for said property from the M-2 (Heavy Industrial) zoning designation to the M-2(H) (Heavy Industrial, Historic-Cultural Landmark Overlay) zoning designation (APN 191-100- 018) located on the northwest corner of Tex Drive and Avenue 200, as set forth more specifically on said map.

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

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

ORDINANCE 2026-XX

Page 2 ends

Tulare City CouncilFebruary 3, 2026

Tulare City Council
February 3, 2026