City of Tulare Page 1 of 5
City Council Meeting Notice & Agenda
Tuesday, July 21, 2026 - 5:30 p.m. Regular Meeting
City Council Chamber, 491 North M Street, Tulare, CA 93274 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.
City Council meetings are open to the public at the physical address listed above. You may attend these meetings in person or remotely through the City’s official remote platform as described below.
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. You may also submit written comments via e-mail to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the Public Comment section of the agenda. Emails received by noon on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.
Comments by the public 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 to speak, begin by stating your name and city of residence.
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.
Individuals who require accommodations, auxiliary aids, or services necessary to participate in this meeting should contact the City Clerk's Office at (559) 684-4200 or [email protected]. The e-mail subject line should read "ADA Accommodation Request" or "Language Assistance" and the e-mail should include your name, address, telephone number, and a description of the request.
Remote Participation
Link to Join: https://bit.ly/3OE8hfz
Telephone Number: (669) 900-6833
Meeting ID: 810 7902 3401
Persons attending the meeting remotely will have the opportunity to provide comments at the appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself and asked to identify yourself when providing public comment.
City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
Dennis A. Mederos
City Council Meeting Agenda Tuesday, July 21, 2026
City of Tulare Page 2 of 5
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE AND INVOCATION
3. 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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar.
4. PRESENTATIONS
4.1 New Employee Introductions.
4.2 Tulare Chamber of Commerce Annual Report and TBIZ Update.
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 July 7, 2026. [M. Wilcox]
7.3 Asphalt Contract with Deer Creek.
Recommended Action: Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield]
7.4 Purchase of 2027 Ford Police Interceptors.
Recommended Action: Award the purchase of seven new/unused 2027 Ford Police Interceptor Utility vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 081325-NAF in the amount of $398,852.16. [T. Whitfield] City Council Meeting Agenda Tuesday, July 21, 2026
City of Tulare Page 3 of 5
7.5 Quitclaim Deed for APN 182-350-011.
Recommended Action: Approve a Quitclaim Deed from the County of Tulare transferring any and all rights to the real property identified as Assessor’s Parcel Number 182-350-011, located on Foster Drive between Laspina Street and Sunrise Street, to the City of Tulare; and authorize the City Manager to sign the respective Certificate of Acceptance. [M. Miller]
7.6 Grant Deed and Relinquishment of Access Rights for APN 169-360-047.
Recommended Action: Accept a grant deed in fee interest from Isabel Casanova Ruiz as Prosperity Avenue right-of-way dedication across the frontage of 1039 W. Prosperity Avenue (APN No. 169-360-047); accept a relinquishment of access rights across a portion of said property frontage; and authorize the City Manager to execute the respective Certificate(s) of Acceptance and any related documents. [M. Miller]
7.7 All-Way Stop Designation for the Intersection of Foster Drive and Turner Drive.
Recommended Action: Adopt a resolution designating the intersection of Foster Drive and Turner Drive as an all-way stop intersection and authorizing the installation of corresponding stop control. [M. Miller]
7.8 Caltrans Easement Acquisition for APN 182-350-011.
Recommended Action: Authorize the City Manager, or designee, to execute all documents required for the sale of easement rights to the State of California for the benefit of Southern California Edison covering a portion of Assessor’s Parcel Number 182-350-011; and authorize the City Manager or designee to execute a Certificate of Conveyance and all other documentation necessary to accept compensation and complete conveyance. [M. Miller]
7.9 Consulting Services for Land-Use/Permitting System Replacement.
Recommended Action: Approve a Professional Services Agreement with Plante Moran in the amount of $238,250 ($149,990 for core services, and $88,260 for optional services) for consulting services related to the implementation of a new land use/permitting system (RFP 26- 850), subject to minor and clarifying changes approved by both the City Attorney and the City Manager; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($23,825). [J. Bowling]
7.10 Technology Disaster Recovery Site Partnership with the City of Merced.
Recommended Action: Approve a Technology Disaster Recovery Site Partnership Memorandum of Understanding (MOU) between the City of Tulare and City of Merced and authorize the City Manager to execute the MOU and any administrative documents necessary to implement the MOU. [J. Bowling]
7.11 Award for Tulare Animal Services Strategic Plan Consultant.
Recommended Action: Award and authorize the City Manager to execute a contract with Matrix Consulting Group in an amount not to exceed $65,900 to conduct a comprehensive operational study and strategic plan for Tulare Animal Services. [F. Ynclan]
7.12 Capital Improvement Project Dashboards for July 2026.
Recommended Action: Accept the Capital Improvement Project Dashboards for July 2026. [M. Miller]
7.13 Recognition of Ex-Officio City Clerk Appointment.
Recommended Action: Adopt a resolution reaffirming the appointment of the City Manager to the Office of the City Clerk and recognizing the City Manager’s appointment of Melissa Wilcox as Ex-Officio City Clerk effective July 11, 2026. [M. Mondell] City Council Meeting Agenda Tuesday, July 21, 2026
City of Tulare Page 4 of 5
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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar.
8.1 Landscape Maintenance Assessments for Fiscal Year 2027.
Recommended Action: Hold a public hearing; adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for Fiscal Year 2027; and authorize the City Manager or designee to execute the Compliance Certification and Hold Harmless Statement regarding the assessment of fees. [M. Miller]
8.2 Resolution of Necessity for APN 172-370-032.
Recommended Action: Adopt a resolution of necessity for APN 172-370-032 (“Property”) authorizing the City Attorney to take the necessary steps to finalize the acquisition of the overhead utility easement. (Continue to August 18, 2026) [T. Gaffery]
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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar.
9.1 2026 Citywide Speed Zone Study Presentation.
Recommended Action: Receive a presentation from Willdan Engineering regarding the findings and recommendations of the 2026 Citywide Speed Zone Study, and set August 4, 2026 as the public hearing date for adoption of an ordinance amending the existing speed zones. [M.
Miller]
9.2 Economic Development Quarterly & June Updates.
Recommended Action: Receive an update on economic development activities. [J. Gomez]
9.3 Strategic Plan Status Update.
Recommended Action: Receive a status update of the City’s strategic plan. (No associated staff report) [T. Gaffery]
10. FUTURE AGENDA ITEMS - NONE SUBMITTED
11. STAFF UPDATES
12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
12.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2) or (3): 1 case Name of Case: Aguayo, Misael (Dec’d) vs. City of Tulare Worker’s Compensation Case: FR230627
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, August 4, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.
City Council Meeting Agenda Tuesday, July 21, 2026
City of Tulare Page 5 of 5
AFFIDAVIT OF POSTING AGENDA
I, Melissa Wilcox, hereby certify, in conformance with Government Code Sections 54954.2, that the foregoing agenda was posted for public review on Friday, July 17, 2026.
Melissa Wilcox, CMC, CPMC
City Clerk & Public Affairs Director
Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To:
From:
Subject:
Date:
Mayor and City Councilmembers
Marc Mondell, City Manager July
21, 2026 Agenda Memo
July 17, 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
3. 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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar. [Time Estimate: 5:40 p.m.]
4. PRESENTATIONS [Time Estimate: 5:55 p.m.]
4.1 New Employee Introductions.
4.2 Tulare Chamber of Commerce Annual Report and TBIZ Update.
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: 6:15 p.m.]
6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 6:15 p.m.] Tulare City Council Meeting Page 2 of 17
Agenda Memo - July 21, 2026
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. [Time Estimate: 6:20 p.m.]
7.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
7.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of July 7, 2026. [M. Wilcox]
7.3 Asphalt Contract with Deer Creek.
Recommended Action: Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield]
Alignment with Strategic Priorities: Infrastructure and Transportation Summary: As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.
Through the annual Pavement Management program, there is approximately $300,000 available annually for minor street repair projects. A contract for the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete would give staff the ability to complete the proposed overlay projects listed in Attachment A as time and funds allow. The overlay projects can be completed by City staff using the new paver that was purchased in April 2019. This also locks in the price for material used for pothole patching for one year.
Similar overlay projects have been completed since 2019/2020 using the same products and these streets have held up well since that time. Staff anticipates that this project will extend the life of the selected locations between eight and ten years.
The City’s Purchasing Policy (Section 4, page 18, C) allows for the use of “Cooperative Purchasing or Piggy-Back” contracts to take advantage of competitively bid purchasing if it would “provide the City with benefits”. Awarding this contract to Deer Creek allows staff to move forward in an expeditious manner to complete this work while the weather allows it, because this product has recently been competitively bid by another public agency.
Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in April 2026 after advertising for competitive bids. The prices for those products through June 30, 2027 are as follows:
1) 3/8” Plant Run Cold Mix with Oil $69.00 per ton
2) 1/2” Plant Run Cold Mis with Oil $64.00 per ton
3) 1/2” Hot Asphalt Concrete $65.00 per ton
Tulare City Council Meeting Page 3 of 17
Agenda Memo - July 21, 2026
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B).
Fiscal Impact & Funding Source(s): Funding for this work is budgeted annually through the CIP in the Annual Transportation – Pavement Management project account #ST0006.
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. If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix.
This will slow down projects and could affect response time to traffic safety concerns.
7.4 Purchase of 2027 Ford Police Interceptors.
Recommended Action: Award the purchase of seven new/unused 2027 Ford Police Interceptor Utility vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 081325-NAF in the amount of $398,852.16. [T. Whitfield] Alignment with Strategic Priorities: Public Safety and Emergency Preparedness Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 081325-NAF, staff is requesting authorization to purchase seven new/unused 2027 Ford Police Interceptor Utility vehicles from National Auto Fleet Group, of Watsonville, CA in the amount of $398,852.16.
The Fiscal Year (FY) 2027 budget includes the purchase of seven new Police Interceptor replacement vehicles with a total budget of $550,000. Due to the size of the patrol vehicle fleet and the need to keep the fleet current, the PD requests to replace seven units a year.
Fiscal Impact & Funding Source(s): Funding for the purchase of the Interceptors will come from the Fleet Replacement Funds for Police (Fund 605). The FY 2027 budget for the replacement Interceptors is $550,000. The cost for each unit is $56,975.88 with a total cost of $398,852.16. The remaining funds for each vehicle will be used to fully outfit the units for service.
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.
Tulare City Council Meeting Page 4 of 17
Agenda Memo - July 21, 2026
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the purchase of the vehicles is not approved, the annual replacement of PD patrol units will fall behind schedule and could lead to a shortage of units available for officers.
7.5 Quitclaim Deed for APN 182-350-011.
Recommended Action: Approve a Quitclaim Deed from the County of Tulare transferring any and all rights to the real property identified as Assessor’s Parcel Number 182-350-011, located on Foster Drive between Laspina Street and Sunrise Street, to the City of Tulare; and authorize the City Manager to sign the respective Certificate of Acceptance. [M. Miller] Alignment with Strategic Priorities: Infrastructure and Transportation Summary: The real property identified as Assessor's Parcel Number 182-350-011 is located along the north side of Foster Drive between Laspina Street and Sunrise Street. The parcel was acquired by the County of Tulare in 1960, presumably as future right-of-way for Foster Drive.
Upon annexation of the surrounding area into the City of Tulare in 2006, it was assumed by both the County and City that the property would have automatically transferred to City ownership along with the Foster Drive right-of-way.
As part of the Caltrans Highway 99 Widening and Paige Avenue Interchange Project, it will be necessary to relocate existing SCE utility lines along the north side of Foster Drive. Doing so requires SCE to acquire a new easement on APN 182-350-011. In the process of preparing that easement document, SCE right-of-way agents found a discrepancy in the title of the parcel indicating that it may have still been under County ownership. To clarify and resolve any ownership discrepancies, it was decided that the County would undergo a formal quitclaim process to transfer the parcel to the City of Tulare. On June 30, 2026, the County Board of Supervisors approved a Quitclaim Deed to the City of Tulare for APN 182-350-011. It is recommended that the City Council approve the Quitclaim Deed and authorize the City Manager to execute the corresponding Certificate of Acceptance. Through this action, the City of Tulare will accept ownership of Assessor's Parcel No. 182-350-011.
Next steps will include Council approval of a Grant of Easement to the State for a portion of APN 182-350-011 for the purposes of relocating SCE facilities as needed to accommodate the Caltrans project. Caltrans is offering compensation to the City for acquisition of this easement, which will require Council acceptance and authorization for the City Manager to execute related documents.
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.
Tulare City Council Meeting Page 5 of 17
Agenda Memo - July 21, 2026
Alternative Action: 1) Approve with changes - Expected to have minimal impact on operations along Foster Drive; 2) Deny - Would result in serious consequences for the Highway 99 Widening and Paige Avenue Interchange Project, as required relocation of SCE facilities could not take place; or 3) Table - Would delay the schedule for the Highway 99 Widening and Paige Avenue Interchange Project.
7.6 Grant Deed and Relinquishment of Access Rights for APN 169-360-047.
Recommended Action: Accept a grant deed in fee interest from Isabel Casanova Ruiz as Prosperity Avenue right-of-way dedication across the frontage of 1039 W. Prosperity Avenue (APN No. 169-360-047); accept a relinquishment of access rights across a portion of said property frontage; and authorize the City Manager to execute the respective Certificate(s) of Acceptance and any related documents. [M. Miller]
Alignment with Strategic Priorities: Infrastructure and Transportation Summary: Parcel Map 5324 created four parcels and a remainder lot on property located along the south side of Prosperity Avenue between Sacramento Street and Northridge Street.
Dedication of an additional 12 feet of right-of-way for Prosperity Avenue was required across the four parcels created. Additionally, waivers of access rights were required to be shown on the parcel map along the four parcel frontages so as to limit access points to Prosperity Avenue in accordance with arterial street standards.
The owner of the vacant remainder lot, Isabel Casanova Ruiz, is seeking to develop the lot as a single-family residence. As with the four parcels created by Parcel Map 5324, the City is requiring dedication of an additional 12 feet of right-of-way for Prosperity Avenue and relinquishment of access rights to control driveway locations. The property owner has provided both the grant deed and relinquishment of access rights. It is recommended that Council accept the grant deed and relinquishment of access rights associated with the property. Acceptance of these documents will provide the ultimate right-of-way necessary for build-out of Prosperity Avenue frontage improvements and will ensure future access and roadway improvements are consistent with City standards.
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 - Would likely have minimal impact on the acceptance of the grant deed, relinquishment of access rights, and proposed development of the subject property; 2) Deny - Would prevent the completion of public improvements required for development of the subject property in accordance with City standards; or 3) Table - Could delay development of the subject property.
Tulare City Council Meeting Page 6 of 17
Agenda Memo - July 21, 2026
7.7 All-Way Stop Designation for the Intersection of Foster Drive and Turner Drive.
Recommended Action: Adopt a resolution designating the intersection of Foster Drive and Turner Drive as an all-way stop intersection and authorizing the installation of corresponding stop control. [M. Miller]
Alignment with Strategic Priorities: Infrastructure and Transportation Summary: The Developer of Phase 3 of Cottonwood Estates was conditionally required to complete a traffic impact study (TIS) to identify project impacts to nearby roadways and intersections and to propose mitigation measures to offset identified impacts. On behalf of the developer, C2 Consult Corp prepared the TIS. One of the intersections evaluated in the TIS was that of Foster Drive and Turner Drive. This intersection is currently a tee intersection with northbound traffic on Turner Drive required to stop at its terminus into Foster Drive. Eastbound and westbound traffic on Foster Drive is not required to stop at the intersection.
The TIS identified that the Peak Hour Traffic Signal Warrant is currently met at the intersection; a condition that will be exacerbated by the addition of project related traffic. However, the City has identified and programmed a capital improvement project to realign Turner Drive in the 2026-2031 Capital Improvement Program, which will result in a reconfigured intersection east of the current location coinciding with the alignment of Mooney Boulevard. Therefore, installation of a traffic signal at the existing intersection would in effect be a “throw-away” improvement at substantial cost. The TIS identified that the City may choose to install all-way stop control at the existing intersection of Foster Drive and Turner Drive in accordance with guidance contained in the California Manual of Uniform Traffic Control Devices (CAMUTCD) as an interim traffic control strategy. The intent would be would be for this control strategy to remain in place until such time as the realignment of the intersection is completed. Staff concurs with this recommendation and recommends adoption of a resolution designating the intersection of Foster Drive and Turner Drive as an all-way stop intersection and authorizing the installation of corresponding stop control.
Fiscal Impact & Funding Source(s): There will be no fiscal impact to the City, as the Developer of Phase 3 of Cottonwood Estates will be responsible for improvements associated with the allway stop designation as mitigation for their project impacts.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Potential Conflict of Interest: Councilmember Harrell owns property within 500 feet of the intersection of Foster Drive and Turner Drive.
Legal Review: This item does not require legal review.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes - Staff would work with the consultant that prepared the traffic study to address changes requested by Council; 2) Deny - Council could opt to not approve the resolution, resulting in the intersection remaining as 1-way stop control intersection. The City could incur liability by not following the recommendations of the traffic study, which were based upon the standards and guidelines contained within the CAMUTCD; or 3) Table - Tabling the item could delay implementation of the recommendations of the traffic study, which could carry some liability risk.
Tulare City Council Meeting Page 7 of 17
Agenda Memo - July 21, 2026
7.8 Caltrans Easement Acquisition for APN 182-350-011.
Recommended Action: Authorize the City Manager, or designee, to execute all documents required for the sale of easement rights to the State of California for the benefit of Southern California Edison covering a portion of Assessor’s Parcel Number 182-350-011; and authorize the City Manager or designee to execute a Certificate of Conveyance and all other documentation necessary to accept compensation and complete conveyance. [M. Miller] Alignment with Strategic Priorities: Infrastructure and Transportation Summary: The real property identified as Assessor's Parcel Number 182-350-011 is located along the north side of Foster Drive between Laspina Street and Sunrise Street. Subject to Council approval of a related item which is scheduled to be considered earlier on this meeting agenda, the City will acquire the parcel from by the County of Tulare through a Quitclaim Deed.
As part of the Caltrans Highway 99 Widening and Paige Avenue Interchange Project, it will be necessary to relocate existing SCE utility lines along the north side of Foster Drive. Doing so requires SCE acquire a new easement on APN 182-350-011. As the Lead Agency for the project, Caltrans is seeking to acquire the necessary easement for the benefit of SCE. A market value valuation was performed to determine a fair market value of the 1,740 square foot easement being acquired, which resulted in a valuation of $8,800.00 (based on $5.04 / sq. ft. and rounded up to the nearest $100). An additional incentive of $1,000 is offered if the City accepts the purchase offer by August 6, 2026, which would increase the acquisition offer to $9,800.00
Staff recommends that Council accept the State’s purchase offer and authorize the City Manager or designee to execute a Certificate of Conveyance and all other documentation necessary to accept compensation and complete transfer of the easement to the State of California.
Fiscal Impact & Funding Source(s): The State of California will compensate the City fair market value for the easement being acquired in an amount of $8,800. An additional $1,000 incentive will be added if the City accepts the purchase offer by August 6, 2026, which would result in an adjusted compensation of $9,800.
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 - Any changes to the purchase offer would require negotiations with Caltrans, which would likely result in delays to the Highway 99 Widening and Paige Interchange Project schedule; 2) Deny - Denying the purchase offer would result in serious consequences for the Highway 99 Widening and Paige Avenue Interchange Project, as required relocation of SCE facilities could not take place; or 3) Table - Tabling the quitclaim deed would delay the schedule for the Highway 99 Widening and Paige Avenue Interchange Project.
Tulare City Council Meeting Page 8 of 17
Agenda Memo - July 21, 2026
7.9 Consulting Services for Land-Use/Permitting System Replacement.
Recommended Action: Approve a Professional Services Agreement with Plante Moran in the amount of $238,250 ($149,990 for core services, and $88,260 for optional services) for consulting services related to the implementation of a new land use/permitting system (RFP 26- 850), subject to minor and clarifying changes approved by both the City Attorney and the City Manager; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($23,825). [J. Bowling]
Alignment with Strategic Priorities: Housing and Community Development Summary: Current State
The City currently uses Tyler Technologies’ Eden System as the primary system for tracking land use related activities including land use entitlements, building permits and inspections, code enforcement, and business license. Eden has been sunset by the manufacturer and will no longer be supported beyond March 2027. Tyler Technologies offers a viable alternative through their “evergreen” philosophy program.
Business Process Design
The Eden land use/permitting system was were installed in 2011. Since then, the City has grown significantly. Technological capabilities have also significantly increased. So much has changed that is important for the City to review business processes to ensure they are customer-friendly, consistent, efficient, and represent industry standard, prior to selecting a new land use/permitting system. Reviewing current business processes, identifying desired changes, and developing new system requirements will help the City select the best software solution and ensure a successful transition.
Relationship to the EERP Project
In June 2023, City Council approved the 2023-2025 Capital plan that included project IT2023- 02 for Phase 1 of the Finance System Replacement using American Rescue Plan Act (ARPA) funding. Phase 1 consisted of Core financials and HR/payroll which are completed, as well as Utility Billing which is currently underway. The 2023-2025 Capital plan, and the Fiscal Year 2026 Budget, also included project IT0054, Phase 2 of the Finance System Replacement, for the land use/permitting system replacement.
Current Task
On April 28, 2026, the City issued RFP 26-850 seeking proposals for consulting services related to the implementation of new land use/permitting system. A total of nine proposals were received and evaluated by staff from Planning, Building, Information Technology, and the City Manager's office. Four finalists were selected for remote interviews, after which the committee designated Plante Moran as the top-ranked proposer.
The consultant will review and document current state business processes and help design future state business processes related to the land use/permitting system, develop system replacement requirements, and potentially create an RFP. There are also additional optional components of this contract, which may be utilized if the City elects to go through an RFP process to select new software. Optional components include a structured process for proposal evaluations, as well as contract negotiation support. Project management of the future software implementation was included as an option in the RFP but is not included in this current scope.
If it is determined any of these optional tasks are needed, staff will bring a subsequent item to Council for consideration.
Tulare City Council Meeting Page 9 of 17
Agenda Memo - July 21, 2026
Fiscal Impact & Funding Source(s): Total maximum cost including contingency funding is $262,075. Sufficient funding is available in capital project IT0054.
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: The final Professional Services Agreement will be reviewed by the City Attorney.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
7.10 Technology Disaster Recovery Site Partnership with the City of Merced.
Recommended Action: Approve a Technology Disaster Recovery Site Partnership Memorandum of Understanding (MOU) between the City of Tulare and City of Merced and authorize the City Manager to execute the MOU and any administrative documents necessary to implement the MOU. [J. Bowling]
Alignment with Strategic Priorities: Organizational Excellence Summary: The City of Tulare relies on information technology systems to deliver essential government services, including public safety, finance, payroll, utility billing, permitting, legislative operations, and numerous other municipal functions. As technology has become integral to City operations, the ability to recover critical systems following a disaster has become an important component of maintaining continuity of government.
Proposed Memorandum of Understanding
The proposed MOU establishes a reciprocal Technology Disaster Recovery Site Partnership between the City of Tulare and the City of Merced. Under this MOU, each city agrees to make available secure data center rack space, reliable electrical service with emergency backup power, cooling infrastructure, physical security, limited on-site technical assistance, and temporary workspace during a declared emergency.
Why Merced?
Staff evaluated several factors when identifying an appropriate disaster recovery partner. The City of Merced provides sufficient geographic separation to reduce the likelihood that the same regional disaster would affect both jurisdictions while remaining close enough for practical coordination when necessary. Merced also maintains secure municipal data center facilities and operates a technology environment similar to the City of Tulare, making the partnership operationally compatible.
Both cities provide similar municipal services and operate comparable technology environments, making each well positioned to support the other's future disaster recovery and continuity planning needs. The reciprocal nature of this MOU allows both agencies to strengthen resiliency by leveraging existing public infrastructure and technical expertise.
Why Not Simply Use Cloud Services?
Tulare City Council Meeting Page 10 of 17
Agenda Memo - July 21, 2026
The City of Tulare already utilizes cloud-based services where appropriate. Cloud services are an important component of the City's overall technology strategy but do not eliminate the need for disaster recovery planning.
Many critical technology components continue to rely upon physical infrastructure, including network equipment, cybersecurity appliances, identity management systems, backup repositories, and specialized applications that cannot be fully migrated to the cloud. In addition, migrating every system to the cloud is not always technically feasible, operationally appropriate, or financially prudent.
Industry best practices recommend a layered disaster recovery strategy that combines cloud services, local backups, and geographically separated recovery capabilities. This partnership complements the City's existing cloud investments by leveraging existing municipal facilities rather than relying solely on commercial hosting solutions.
Impact on City Resources
No appropriation of funds is required for approval of this MOU.
This MOU establishes a cooperative framework between the City of Tulare and the City of Merced, but does not authorize the purchase or deployment of disaster recovery technology.
This MOU does not require either city to compensate the other for providing data center space, emergency power, cooling, temporary workspace, or facility access. Each city remains responsible for its own equipment, software, maintenance, telecommunications connectivity, and any future disaster recovery investments.
Future equipment, telecommunications, software, or infrastructure necessary to support City of Tulare disaster recovery operations will be evaluated separately and brought forward through the City's annual budget or Capital Improvement Program, as appropriate. By leveraging existing municipal infrastructure, this MOU provides a cost-effective foundation for future disaster recovery initiatives while avoiding the significantly higher costs associated with constructing, leasing, and operating a dedicated secondary data center or commercial colocation facility.
This MOU establishes the legal framework for each city to host the other's disaster recovery infrastructure within existing municipal facilities. Any disaster recovery technology deployed under this MOU will be planned, procured, and implemented through future technology projects as funding and operational priorities allow.
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 11 of 17
Agenda Memo - July 21, 2026
7.11 Award for Tulare Animal Services Strategic Plan Consultant.
Recommended Action: Award and authorize the City Manager to execute a contract with Matrix Consulting Group in an amount not to exceed $65,900 to conduct a comprehensive operational study and strategic plan for Tulare Animal Services. [F. Ynclan] Alignment with Strategic Priorities: Organizational Excellence Summary: The City advertised a Request for Proposals (26-849) in May for a firm to complete a strategic plan for Tulare Animal Services aimed at ensuring the organization operates at maximum efficiency while delivering high-quality community services.
Firms were requested to make proposals to provide:
• Organizational Assessments
• Evaluation of Staffing Needs and Roles
• Recommendations for Organizational Change
• Service Delivery Strategy
• A Report and Action Plan
The Consultant will work with staff to determine the necessary other public facilities, equipment, and staffing to deliver animal control services at the City’s current population and as the City grows. The Consultant shall provide recommendations regarding opportunities to streamline operations and reduce costs, as well as providing a neutral, detailed evaluation of potential future delivery models, including privatization, consolidation, and further internalization.
Crucially, this analysis must be supported by financial modeling that estimates the implementation costs and long-term savings for each scenario, resulting in a final report with prioritized, actionable recommendations. For context and comparison, the Consultant shall perform research and provide a summary of operations from similar California cities and surrounding communities.
Proposals were received from the following proposers:
Consultant Location
Matrix Consulting Group San Mateo, CA
Remedy HealthCare Consulting Kansas City, MO
The proposals were reviewed and evaluated by the Assistant City Manager and the Chief of Police. Based on the review of the proposals, staff determined that the most qualified firm was Matrix Consulting Group.
Fiscal Impact & Funding Source(s): Funding for the Tulare Animal Services Strategic Plan will be paid out of a contingency fund transfer as authorized by the City Manager.
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: The Professional Services Agreement was reviewed and approved by the City Attorney’s office.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Tulare City Council Meeting Page 12 of 17
Agenda Memo - July 21, 2026
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
7.12 Capital Improvement Project Dashboards for July 2026.
Recommended Action: Accept the Capital Improvement Project Dashboards for July 2026. [M. Miller]
Alignment with Strategic Priorities: Infrastructure and Transportation Summary: On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The TPMS is designed to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS uses a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion to improve future projects.
Pursuant to the City Council’s request, staff provides quarterly Capital Improvement Project Dashboards for all major capital projects within the City Council’s purview. The dashboards provide a visual summary of overall project progress so the City Council is aware of their status.
The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes on the project's status and/or issues.
The attached Capital Improvements Project Dashboard reflects the quarterly status of active projects as of July 2026. The completion status graphic (pie chart) uses a color metric that reflects the phase each project is in. BLUE shading indicates that the project is in the Design phase, GREEN shading indicates that the project is in the Environmental or Right-of-Way Acquisition phase, and ORANGE shading indicates that the project is in the Construction or Implementation phase.
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 13 of 17
Agenda Memo - July 21, 2026
7.13 Recognition of Ex-Officio City Clerk Appointment.
Recommended Action: Adopt a resolution reaffirming the appointment of the City Manager to the Office of the City Clerk and recognizing the City Manager’s appointment of Melissa Wilcox as Ex-Officio City Clerk effective July 11, 2026. [M. Mondell] Alignment with Strategic Priorities: Organizational Excellence Summary: Section 17 of the Freeholders' Charter of the City of Tulare provides that the City Council shall appoint the City Clerk. Since 1987, the City Manager has served as the Councilappointed City Clerk while the day-to-day administration and operation of the Office of the City Clerk have been performed by City Clerk staff.
As part of the Fiscal Year 2026-2027 budget adopted by the City Council, the position of Chief Deputy City Clerk was reclassified to City Clerk & Public Affairs Director to reflect the expanded leadership responsibilities of the position. Although the employee classification changed, the day-to-day administration and operation of the Office of the City Clerk did not.
Melissa Wilcox currently serves as the City's City Clerk & Public Affairs Director and continues to perform the full range of operational responsibilities of the Office of the City Clerk, including agenda administration, legislative services, records management, election administration, public records administration, and public transparency functions. She holds a Bachelor of Science in Business Management, is a Certified Municipal Clerk (CMC) through the International Institute of Municipal Clerks, and has earned the California Professional Municipal Clerk (CPMC) designation through the University of California, Riverside.
The proposed resolution does not change how the Office of the City Clerk operates. Rather, it formally documents and clarifies the City's existing operational structure following the reclassification of the employee position from Chief Deputy City Clerk to City Clerk & Public Affairs Director.
Under the proposed resolution, the City Manager will continue to serve as the Council-appointed City Clerk and retain the legal authority and responsibilities assigned to that office under the City Charter, Municipal Code, and applicable law. The resolution also recognizes the City Manager's appointment of Melissa Wilcox as Ex-Officio City Clerk, reflecting the operational role she previously performed as Chief Deputy City Clerk and now continues in her position as City Clerk & Public Affairs Director. As Ex-Officio City Clerk, Ms. Wilcox will continue performing the day-to-day operational duties of the Office of the City Clerk and may use the title "City Clerk" while serving under the administrative direction of the City Manager.
The purpose of this action is to formally document and clarify the City's longstanding operational structure following the reclassification of the employee position. This action is not intended to change the governance, authority, or administration of the Office of the City Clerk. The City Manager will continue to serve as the Council-appointed City Clerk, and City Clerk services will continue to be administered in the same manner as they were prior to the reclassification of the employee position.
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.
Tulare City Council Meeting Page 14 of 17
Agenda Memo - July 21, 2026
Legal Review: This proposed action has been reviewed by the City Attorney.
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar. [Time Estimate: 6:30 p.m.]
8.1 Landscape Maintenance Assessments for Fiscal Year 2027.
Recommended Action: Hold a public hearing; adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for Fiscal Year 2027; and authorize the City Manager or designee to execute the Compliance Certification and Hold Harmless Statement regarding the assessment of fees. [M. Miller] Alignment with Strategic Priorities: Infrastructure and Transportation Summary: Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 16, 2026, Council adopted Resolution of Intention No. 2026- 050 setting July 21, 2026 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2027 and directing the City Engineer to file the required Engineers Report with the City Clerk.
The public hearing will allow property owners within each of the thirty-one landscape districts to comment on the proposed Fiscal Year 2027 assessment for their district. The proposed assessments compare to the prior fiscal year as follows:
• two districts are proposed to decrease,
• nineteen districts are proposed to increase,
• seven districts would experience no change from the prior year, and • three districts have not yet completed any improvements requiring maintenance and therefore do not have any proposed assessments.
For the nineteen districts that would experience an increase in assessment, none of the proposed assessments exceed the rate approved by property owners at the time of their formation, accounting for CPI adjustments where allowed. Therefore, with regard to Proposition 218 requirements, they do not constitute an assessment increase that would trigger the need for property owner approval by ballot.
Due to its size, electronic copies of the Engineers Report will be made available to councilmembers through the City Clerk’s office. A Compliance Certification and Hold Harmless Statement is required to be signed by the City Manager upon approval of the Council and submitted to the County in conjunction with the assessments.
Fiscal Impact & Funding Source(s): Revenue generated through the proposed assessments will be directed into the respective landscape and lighting district accounts and shall solely be used for the purposes identified in the Engineers Report for Fiscal Year 2027.
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).
Tulare City Council Meeting Page 15 of 17
Agenda Memo - July 21, 2026
Potential Conflict of Interest: Staff is not aware of any conflicts of interest.
Legal Review: This item does not require legal review.
Public Notice: A notice of public hearing was published in the Visalia Times Delta on July 7, 2026, which is at least 10 days prior to the public hearing.
Alternative Action: 1) Approve with changes - Substantial changes to the Resolution Levying Assessments could impact improvements and services provided to the respective districts and could increase the risk of legal challenge; 2) Deny - Adoption of a Resolution is a legally required step in accordance with the Landscaping and Lighting Act of 1972 for establishing assessments for the coming fiscal year; or 3) Table - Assessments for the coming fiscal year must be adopted by Council and provided to the Tulare County Tax Collector’s office by August 11th. Tabling this item until the next available Council meeting date (August 4, 2026) would not allow sufficient time for City staff to complete and submit the required documentation to the County by the August 10, 2026 deadline.
8.2 Resolution of Necessity for APN 172-370-032.
Recommended Action: Adopt a resolution of necessity for APN 172-370-032 (“Property”) authorizing the City Attorney to take the necessary steps to finalize the acquisition of the overhead utility easement. (Continue to August 18, 2026) [T. Gaffery]
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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar. [Time Estimate: 6:40 p.m.]
9.1 2026 Citywide Speed Zone Study Presentation.
Recommended Action: Receive a presentation from Willdan Engineering regarding the findings and recommendations of the 2026 Citywide Speed Zone Study, and set August 4, 2026 as the public hearing date for adoption of an ordinance amending the existing speed zones. [M.
Miller]
Alignment with Strategic Priorities: Public Safety and Emergency Preparedness Summary: See attached staff report detailing findings of the 2026 Citywide Speed Zone Study prepared by Willdan Engineering.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Future action adopting an ordinance to revise existing speed zones would result in expenditures associated with purchase and installation of necessary signage.
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: The City Attorney will review the 2026 Citywide Speed Zone Study and draft Ordinance prior to the public hearing.
Public Notice: This item does not require a public hearing and was noticed as a part of the agenda. A public hearing will be held prior to Council acceptance of the 2026 Citywide Speed Tulare City Council Meeting Page 16 of 17
Agenda Memo - July 21, 2026
Zone Study and subsequent adoption of an ordinance amending the existing speed zones. This public hearing will be properly noticed as statutorily required.
Alternative Action: 1) Approve with changes - To the degree possible, staff will work with the consultant to implement changes or recommendations directed by Council; 2) Deny - Outright rejection of the 2026 Citywide Speed Zone Study would prevent the City from meeting statutory requirements for speed zones to be enforced by radar or laser speed measurements; or 3) Table - Tabling the item will cause delays in adoption of speed limits that are based upon required engineering studies, resulting in a period of time in which speed zones may be not be enforceable by radar or laser speed measurements.
9.2 Economic Development Quarterly & June Updates.
Recommended Action: Receive an update on economic development activities. [J. Gomez] Alignment with Strategic Priorities: Economic Development Summary: Attached is a presentation covering April-June 2026 highlighting activities and updates over the last quarter.
Also attached for your reference is the June 2026 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development.
• Building permits issued pertaining to residential and commercial improvements along with the total value of those improvements
• Business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously • Active projects that will have a sizeable impact on economic development • Site Plan Review projects that have been submitted to the City that could positively address commercial and residential needs
This is an informational item only and does not require any action by the City Council.
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.
9.3 Strategic Plan Status Update.
Recommended Action: Receive a status update of the City’s strategic plan. (No associated staff report) [T. Gaffery]
10. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 7:40 p.m.]
11. STAFF UPDATES [Time Estimate: 7:40 p.m.]
Tulare City Council Meeting Page 17 of 17
Agenda Memo - July 21, 2026
12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 7:45 p.m.]
12.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2) or (3): 1 case Name of Case: Aguayo, Misael (Dec’d) vs. City of Tulare Worker’s Compensation Case: FR230627
13. RECONVENE FROM CLOSED SESSION [Time Estimate: 8:05 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: 8:05 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 4, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.
NEW EMPLOYEE
INTRODUCTIONS
January 10, 2026 thru June 27, 2026
39 Vacant positions
1 New FY26 position
40 Total new employees
Item #: 7.2
Consent
Staff Report
City Council
Date: July 21, 2026
Department: City Clerk
Submitted by: Melissa Wilcox, City Clerk & Public Affairs Director Agenda Title: Approval of the City Council Meeting Minutes
RECOMMENDED ACTION
Approve the minutes of the special and/or regular meeting of July 7, 2026.
ALIGNMENT WITH STRATEGIC PRIORITIES
Not Applicable
SUMMARY
The meeting minutes for the July 7, 2026 meeting are provided for Council review and approval.
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
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
ATTACHMENTS
1. Meeting Minutes
Reviewed/Approved: MM
City of Tulare Page 1 of 4
City Council Meeting Minutes
Tuesday, July 7, 2026 - 5:30 p.m. Regular Meeting
City Council Chamber, 491 North M Street, Tulare, California Proper notice of this regular meeting of the Tulare City Council was given pursuant to California Government Code Section 54954.2.
City Council Present: Mayor Patrick Isherwood, Vice Mayor Stephen C. Harrell, Jose Sigala (arrived at 5:45 p.m.), Terry A. Sayre, 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; City Engineer Michael Miller; Public Works Director Trisha Whitfield; 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; Assistant Community Services Director Brian Beck; Budget Finance Director Jacob Del Cid
1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 5:32 p.m. in the Council Chamber located at 491 North M Street.
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Chief Ynclan led the Pledge of Allegiance, and an invocation was given by Councilmember Sayre.
3. PROCLAMATIONS & RECOGNITIONS
3.1 Proclamation for Parks and Recreation Month – July 2026. Mayor Isherwood presented a proclamation to Tulare Parks and Recreation staff.
4. PUBLIC COMMENT
Alberto Aguilar commented on concerns relating to the Cesar Chavez Park Committee.
Lidia Huerta Donabed commented on concerns relating to the Cesar Chavez Park Committee.
Jaden Roberts commented on an inappropriate billboard on K Street near the fairgrounds.
5. PRESENTATIONS
5.1 New Employee Introductions – January 1 to June 30, 2026. This item was tabled to the July 21, 2026 meeting.
5.2 Update on the Urban Strategic Plan (USP) by the Mid-Kaweah Groundwater Sustainability Agency (MKGSA). Aaron Fukuda, Executive Director of the Mid-Kaweah Sustainability Agency Board, provided a presentation on the Urban Strategic Plan.
6. COMMUNICATIONS
City Manager Mondell advised the City received several emails and a letter from Alberto Aguilar regarding the Cesar Chavez Park Committee, as well as a letter from Mr. Drew Phelps regarding the Fiscal Impact Analysis.
City Council Meeting Minutes Tuesday, July 7, 2026
City of Tulare Page 2 of 4
7. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported on recent events and discussed items of interest.
8. CONSENT CALENDAR
Items 8.3 and 8.9 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 8.3 and 8.9.
8.1 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.
8.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of June 16, 2026. [M. Wilcox]
8.4 Purchase of Core Network Equipment.
Recommended Action: Authorize the City Manager to negotiate and execute a purchase with AMS.net for replacement of Core Network Equipment for a total cost of $128,286.04, utilizing OMNIA Contract No. R250307. [J. Bowling]
8.5 Purchase of five light duty EV vehicles.
Recommended Action: Authorize an increase of $263,000 to the Fleet Replacement Fund appropriation and use of the fund balance in the Fleet Replacement Fund for the purchase of four (4) new/unused 2026 Chevrolet Silverado EV trucks and one (1) 2027 new/unused Chevrolet Equinox EV from National Auto Fleet Group of Watsonville, CA, utilizing Sourcewell Contract No. 081325-NAF. Adopt a resolution approving the appropriation of $263,000 and use of the fund balance in the Fleet Replacement Fund for this purchase. [T. Whitfield]
8.6 Parcel Map Acceptance – TPM 2025-07 (Four Star).
Recommended Action: Approve the Parcel Map filed by Mario and Jennie Mattos for the division of land located north of West Prosperity Avenue west of Northridge Street, and accept all dedications and easements offered to the City, and conditionally reject, until later accepted by a separate resolution of the City Council, irrevocable offer of dedication to the City for Prosperity Avenue. [M. Miller]
8.7 Revisions to the Handbook for Council-Appointed Bodies.
Recommended Action: Adopt a resolution approving the revised City of Tulare Handbook for Council‑Appointed Bodies, incorporating the revisions reviewed and approved by the City Council on June 16, 2026. [M. Wilcox]
8.8 On-Call Consultant Services Selection.
Recommended Action: Approve a list of pre-qualified consultants for On-Call Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for various consultants for an initial two-year period with options for up to two (2) consecutive 2-year extensions. [M. Miller]
ITEM(S) PULLED FROM CONSENT CALENDAR
8.3 Appointment of City Clerk.
Recommended Action: Adopt a resolution appointing Melissa Wilcox as City Clerk of the City of Tulare effective July 11, 2026.
City Council Meeting Minutes Tuesday, July 7, 2026
City of Tulare Page 3 of 4
Council Action: This item was pulled at the request of staff to table it due to necessary modifications of language. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and carried 4 to 1 (Vice Mayor Isherwood voted no) to table the item to the July 21, 2026 meeting.
8.9 Library Strategic Plan and Efficiency Study.
Recommended Action: Award and authorize the City Manager to negotiate and execute a Professional Services Agreement with Berry, Dunn, McNeil & Parker, LLC (“BerryDunn”) in the amount of $99,751 to prepare the Tulare Public Library (“TPL”) Strategic Plan and Efficiency Study; authorize the City Manager or designee to approve contract change orders not to exceed 10% ($9,975) of the total contract amount; and adopt a resolution appropriating $109,726 from the Library Development Impact Fees (DIF) Fund balance to fund the agreement.
Council Action: Councilmember Sigala pulled this item to inquire about the possibility of a book mobile or pocket libraries. Assistant City Manager Gaffery responded thereto. It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.
9. PUBLIC HEARING
9.1 Parking & Business Improvement Area Report and Annual Assessments.
Recommended Action: Conduct a public hearing and adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking & Business Improvement Area Annual Assessments for Fiscal Year 2027.
Presented By: Budget Finance Manager Del Cid
Public Comment: The public hearing was opened at 7:14 p.m. Receiving no comment, the public hearing was closed at 7:14 p.m.
Council Action: It was moved by Councilmember Sigala, seconded by Mayor Isherwood, and unanimously carried to approve the item as presented.
9.2 Placing Public Works Improvement Loans on Tax Roll.
Recommended Action: Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.
Presented By: Budget Finance Manager Del Cid
Public Comment: The public hearing was opened at 7:18 p.m. Receiving no comment, the public hearing was closed at 7:19 p.m.
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.
10. GENERAL BUSINESS
10.1 Appointment to the Library Board.
Recommended Action: Appoint one member to the Library Board with a term beginning July 1, 2026, and ending June 30, 2029.
Presented By: Chief Deputy City Clerk Wilcox
Public Comment: There were no public comments.
Council Action: It was moved by Mayor Isherwood, seconded by Councilmember Sayre, and unanimously carried to appoint Bonnie Thiele to the Library Board with a term beginning July 1, 2026, and ending June 30, 2029.
10.2 Presentation of the Citywide Fiscal Impact Analysis of Future Development.
Recommended Action: Receive the presentation regarding the Citywide Fiscal Impact Analysis of Future Development, provide direction as appropriate, and receive and file the report.
Presented By: City Manager Mondell; Amanda Welker, Associate Director of NBS City Council Meeting Minutes Tuesday, July 7, 2026
City of Tulare Page 4 of 4
Public Comment: A written comment was received from Drew Phelps. The comment expressed support for the analysis and encouraged the City to also consider how residential density and growth patterns may influence long term fiscal sustainability, infrastructure costs, and economic development as future growth policies are evaluated.
Council Action: This item was presented for informational purposes only; no action was taken.
10.3 Economic Development Strategic Plan.
Recommended Action: Adopt the Economic Development Strategic Plan.
Presented By: Executive Director of Economic Development & Redevelopment Gomez Public Comment: There were no public comments.
Council Action: It was moved by Mayor Isherwood, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.
10.4 Placement of National Motto in the Council Chamber.
Recommended Action: Discuss the proposal to display the national motto, “In God We Trust,” on the wall directly behind the mayor’s seat in the Council Chamber and provide direction to staff thereto.
Presented By: City Manager Mondell on behalf of Vice Mayor Harrell Public Comment: Steve Celentano provided comment in favor of the item. Jose (no last name given) provided comment remotely recommending Council reject the item.
Council Action: It was moved by Vice Mayor Harrell, seconded by Councilmember Sayre, and unanimously carried to approve the item, as amended directing staff to bring back rendering of the national motto “In God We Trust” displayed either directly above the dais where the bronze City Seal is currently (moving the City Seal down) or directly behind the dais between the flags.
11. FUTURE AGENDA ITEMS - NONE SUBMITTED
12. STAFF UPDATES
Staff provided updates on department activities.
13. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 8:26 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 July 7, 2026, as approved by the Tulare City Council.
Melissa Wilcox, City Clerk & Public Affairs Director
OKUBO DEREK ASSISTANT PLANNER
TORRES SARAH PERMIT CENTER SUPERVISOR
DANIELSON CONRAD PARKS MAINTENANCE WORKER I
GARCIA MICHAEL LIBRARIAN
GUZMAN ARMANDO PARKS MANAGER
MURCH DANNY PARKS MAINTENANCE WORKER I
ORTEGA ADRIAN PARKS MAINTENANCE WORKER II
YOUNGBLOOD BRIAN PARKS MAINTENANCE WORKER I
ZUNIGA MICAELA DEPARTMENT ASSISTANT I
FLIPPO GABRIAL CONSTRUCTION COORDINATOR
IMDAD AMANA ENGINEERING ASSISTANT
SALAZAR LOPEZ ADRIAN ENGINEERING ASSISTANT
CODAY TYLER ACCOUNTANT
JIMENEZ PEREZ SANDRA ACCOUNTING MANAGER *
HUERTA KHRISTOPHER FIRE CAPTAIN recently promoted to FIRE
BATTALLION CHIEF
OLIVAS-ROSAS GABRIEL FIRE FIGHTER
OLMOS ANDREW FIRE FIGHTER/PARAMEDIC
POTTER LUKE FIRE FIGHTER
RAMOS JOSE FIRE FIGHTER
WEST NOAH FIRE FIGHTER
ADEN KADIR POLICE OFFICER
COVARRUBIAS LOPEZ YESENIA PUBLIC SAFETY DISPATCHER I
FRAGA ANALISA PUBLIC SAFETY DISPATCHER I
KROEZE KEVIN POLICE CAPTAIN
LIRA-RANGEL SOFIA POLICE OFFICER
LONG DALTON COMMUNITY SERVICES OFFICER
NAVARRO KEVIN POLICE OFFICER
ROBLES EVERARDO POLICE OFFICER
RUCKMAN ELIJAH POLICE TRAINEE
WOODARD JOSEPH POLICE TRAINEE
CASTILLO ALFREDO CROSS CONNECTION SPECIALIST
CERVANTES GONZALEZ ESTEVAN SIGNAL LIGHT TECHNICIAN I
CHAVEZ HECTOR WATER UTILITY MAINT. WORKER I
EDWARDS RICHARD WATER UTILITY MAINT. WORKER II
GARCIA DALLAS WASTEWATER TREATMENT PLANT
OPERATOR II
GOMEZ JEREMY SOLID WASTE OPERATOR
GONZALEZ GUTIERREZ OSCAR SOLID WASTE OPERATOR
OROSCO WILLIAM WATER TREATMENT SUPERVISOR
PROCH JENNIFER DEPARTMENT ASSISTANT I
RICHARDSON MICHAEL WATER UTILITY MANAGER
* = New FY26 position
FIRE
POLICE
PUBLIC WORKS
COMMUNITY DEVELOPMENT
COMMUNITY SERVICES
ENGINEERING
FINANCE
Item #: 7.3
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Public Works - Streets
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Asphalt Contract with Deer Creek
RECOMMENDED ACTION
Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney.
ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation
SUMMARY
As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.
Through the annual Pavement Management program, there is approximately $300,000 available annually for minor street repair projects. A contract for the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete would give staff the ability to complete the proposed overlay projects listed in Attachment A as time and funds allow. The overlay projects can be completed by City staff using the new paver that was purchased in April 2019. This also locks in the price for material used for pothole patching for one year.
Similar overlay projects have been completed since 2019/2020 using the same products and these streets have held up well since that time. Staff anticipates that this project will extend the life of the selected locations between eight and ten years.
The City’s Purchasing Policy (Section 4, page 18, C) allows for the use of “Cooperative Purchasing or Piggy-Back” contracts to take advantage of competitively bid purchasing if it would “provide the City with benefits”. Awarding this contract to Deer Creek allows staff to move forward in an expeditious manner to complete this work while the weather allows it, because this product has recently been competitively bid by another public agency.
Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in April 2026 after advertising for competitive bids. The prices for those products through June 30, 2027 are as follows:
1) 3/8” Plant Run Cold Mix with Oil $69.00 per ton
2) ½” Plant Run Cold Mix with Oil $64.00 per ton
3) ½” Hot Asphalt Concrete $65.00 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B).
FISCAL IMPACT & FUNDING SOURCES
Funding for this work is budgeted annually through the CIP in the Annual Transportation – Pavement Management project account #ST0006.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
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
If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix. This will slow down projects and could affect response time to traffic safety concerns.
ATTACHMENTS
1. Attachment A – Proposed list of projects for FY 2027
2. Attachment B – Contracts between Deer Creek and the County of Tulare Reviewed/Approved: MM
Street Work to be done Status
1. Morrison St: Tulare Ave to Sierra Ave 2" Mill & Overlay
2. Paige Ave & Blackstone: Intersection Rebuild 6" HMA 50% Completed
3. Morrison St: Tulare Ave to Sierra Ave 2" Mill & Overlay
4. K St: Rail Xing to Paige Ave 2" Mill & Overlay 50% Completed
5. K St: Bardsley Ave to O'Neal Ave 2" Mill & Overlay
6. West St: Inyo to 532 S. West St Remove & Replace 4" HMA
7. Prosperity Ave: Lakewood St to Lampe St WB 2" Mill & Overlay
8. Oaks St: Kennedy Ave to Dickens Ave 2" Mill & Overlay
9.N Gem St: Terrace Ave to E Merritt Ave 2" Mill & Overlay
10.N Terrace Park St: 700-800 Blk Remove & Replace
11. I St: NB lane from City Limit to Paige Ave Remove & Replace
12. Pratt St: City Limits to Paige Ave 2" Mill & Overlay
13.Pratt St: 1860 S. Pratt St to 950 ft. 2" Mill & Overlay
14. College Ave: Manor St to Gem St. Remove & Replace
* HMA - Hot Mix Asphalt
Proposed Street Paving Projects 2026-2027
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PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERAL-SERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291
COUNTY OF TULARE
GENERAL SERVICES AGENCY
Purchasing Division
April 8, 2026
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 2037 NORTH/SOUTH COUNTY
GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 26-049 dated March 10, 2026, -North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued, and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2026, and ending JUNE 30, 2027.
PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases, and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.
Prices are F.O.B. Destination to various County Departments or Governmental Entities.
Federal Excise Tax Exempt.
State Sales Tax to be added.
Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.
USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.
DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.
Material Contract
Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.
The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.
Sufficient notice will be given to the Contractor to effect the required delivery.
QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.
INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.
RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.
CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.
INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.
CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) Material Contract
DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.
CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.
INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUN employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a.
b.
behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.
Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.
INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.
This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).
CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
Material Contract
It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.
The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.
RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.
NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.
TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.
GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.
HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.
CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
Material Contract
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.
FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will inc expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.
WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
INSURANCE: Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in Exhibit C, attached. Insurance policies contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the Contract.
CONTRACTOR shall provide renewal policy documents throughout the life of the contract.
Material Contract
RUSSIAN SANCTIONS/EXECUTIVE ORDER N-6-22 - NOTICE TO ALL COUNTY
CONTRACTORS, SUPPLIERS AND GRANTEES (POTENTIAL AND EXISTING) On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding. sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Russian Sanction N-6-22 can be viewed at https://tularecountycounsel.org/main/contract-exhibits/ TULARE COUNTY WORKPLACE VIOLENCE PREVENTION POLICY: CONTRACTOR shall comply with the terms and conditions of the Tulare County Workplace Violence Prevention Policy, which by this reference is made a part of this Contract. Tulare County Workplace Violence Prevention Policy can be viewed at https://tularecountycounsel.org/contract-exhibits/
[THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE] Material Contract
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
ACCEPTED: COUNTY OF TULARE
Date By________________________________
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the contract is .
By________________________________
Purchasing Agent
Material Contract
CONTRACT NO.: 2037
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 26-049
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:
Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected]
ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2026, THROUGH JUNE 30, 2027
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: 300 TON
MERCHANDISE
RETURNS:
FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE
RETURNED IN UNOPENED CONDITION.
PRICES: SEE EXHIBIT B COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS APPLY TO THIS CONTRACT. FIRM FOR
THE CONTRACT PERIOD
Material Contract
CONTRACT NO.: 2037
SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF
MEASURE
LIST PRICE
001 NORTH/SOUTH COUNTY TON $69.00
DELIVERIES:
Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.
NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 69.00 PER TON
Plant Run Cold Mix
representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2027.
Applicable sales tax will be added in addition to the price indicated above.
The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.
PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:
RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.
The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.
The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.
For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.
ASPHALT QUANTITIES
General
Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:
Qh = HMATT x [Xa/(100 + Xa)]
where:
Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract
Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:
Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:
Qe =AETT x (Xe I 100)
where:
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).
Material Contract
PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:
PA = Qt x A
where:
PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.
For US Customary projects, use:
A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:
A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.
Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERA-SERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291
COUNTY OF TULARE
GENERAL SERVICES AGENCY
Purchasing Division
April 8, 2026
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 2035 1/2 NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 26-049 dated March 10, 2026, for the supplying of 1/2 -North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued, and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2026, and ending JUNE 30, 2027.
PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.
Prices are F.O.B. Destination to various County Departments or Governmental Entities.
Federal Excise Tax Exempt.
State Sales Tax to be added.
Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.
USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.
DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.
Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor.
Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.
Material Contract
Page - 2 -
The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.
Sufficient notice will be given to the Contractor to effect the required delivery.
QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.
INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.
RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.
CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.
INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.
RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.
CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) Material Contract
Page - 3 -
DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.
CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.
INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a.
b.
behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.
Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.
INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.
This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).
CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
Material Contract
Page - 4 -
It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.
The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.
RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.
NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.
TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.
GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.
HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.
CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
Material Contract
Page - 5 -
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.
FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.
WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
INSURANCE: Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in Exhibit C, attached. Insurance requirements of this contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.
Material Contract
Page - 6 -
RUSSIAN SANCTIONS/EXECUTIVE ORDER N-6-22 - NOTICE TO ALL COUNTY
CONTRACTORS, SUPPLIERS AND GRANTEES (POTENTIAL AND EXISTING) On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding. sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Russian Sanction N-6-22 can be viewed at https://tularecountycounsel.org/main/contract-exhibits/ TULARE COUNTY WORKPLACE VIOLENCE PREVENTION POLICY: CONTRACTOR shall comply with the terms and conditions of The Tulare County Workplace Violence Prevention Policy which by this reference is made a part of this Contract. Tulare County Workplace Violence Prevention Policy, can be viewed at https://tularecountycounsel.org/contract-exhibits/
[THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE] Material Contract
Page - 7 -
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
ACCEPTED: COUNTY OF TULARE
Date By________________________________
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES
DBA: DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the the contract.
DBA: DEER CREEK ASPHALT
By_________________________________
By________________________________
Purchasing Agent
Material Contract
CONTRACT NO.: 2035
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 26-049
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112 (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:
PATTY BAKER, DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected] ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
REMIT TO: JAXON ENTERPRISES DBA
DEER CREEK ASPHALT
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2026, THROUGH JUNE 30, 2027
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: 300 TON
MERCHANDISE
RETURNS:
FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE
RETURNED IN UNOPENED CONDITION.
PRICES: SEE EXHIBIT B COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS APPLY TO THIS CONTRACT. FIRM FOR
THE CONTRACT PERIOD
Material Contract
CONTRACT NO.: 2035
SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF
MEASURE
LIST PRICE
001 1/2 NORTH/SOUTH COUNTY TON $64.00
SPECIFICATIONS
DELIVERIES:
Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.
NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 64.00 PER TON
Plant Run Cold Mix 1/2
representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 Tons total estimated quantity for North County/South County through June 30, 2027.
Applicable sales tax will be added in addition to the price indicated above.
The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.
PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:
RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.
The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.
The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.
For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.
ASPHALT QUANTITIES
General
Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:
Qh = HMATT x [Xa/(100 + Xa)]
where:
Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract
Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:
Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:
Qe =AETT x (Xe I 100)
where:
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).
Material Contract
PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:
PA = Qt x A
where:
PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.
For US Customary projects, use:
A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:
A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.
Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERAL-SERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291
COUNTY OF TULARE
GENERAL SERVICES AGENCY
Purchasing Division
April 8, 2026
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 2036 NORTH/ SOUTH
COUNTY
GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 26-049 dated March 10, 2026, for the supplying of -North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued, and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2026, and ending JUNE 30, 2027.
PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.
Prices are F.O.B. Destination to various County Departments or Governmental Entities.
Federal Excise Tax Exempt.
State Sales Tax to be added.
Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.
USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.
DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.
Material Contract
Page | 2
Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration, or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor.
Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.
The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.
Sufficient notice will be given to the Contractor to effect the required delivery.
QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.
INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.
RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.
CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.
INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.
RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.
Material Contract
Page | 3
CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.
CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.
INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performe
CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a.
b.
behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.
Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.
Material Contract
Page | 4
INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract. This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act). CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.
The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.
RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.
NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.
TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.
GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.
HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.
Material Contract
Page | 5
CONFLICT OF INTEREST:(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.
FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will inc expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.
WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
Material Contract
Page | 6
NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
INSURANCE: Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in Exhibit C, attached. Insurance policies shall or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.
RUSSIAN SANCTIONS/EXECUTIVE ORDER N-6-22 - NOTICE TO ALL COUNTY
CONTRACTORS, SUPPLIERS AND GRANTEES (POTENTIAL AND EXISTING) On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding. sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Russian Sanction N-6-22 can be viewed at https://tularecountycounsel.org/main/contract-exhibits/ TULARE COUNTY WORKPLACE VIOLENCE PREVENTION POLICY: CONTRACTOR shall comply with the terms and conditions of The Tulare County Workplace Violence Prevention Policy which by this reference is made a part of this Contract. Tulare County Workplace Violence Prevention Policy, can be viewed at https://tularecountycounsel.org/contract-exhibits/
[THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE] Material Contract
Page | 7
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
ACCEPTED: COUNTY OF TULARE
Date By________________________________
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the contract is .
DBA DEER CREEK ASPHALT
By_________________________________
By________________________________
Purchasing Agent
Material Contract
Page |1-A
CONTRACT NO.: 2036
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 26-049
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112 or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:
Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected] ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2026 THROUGH JUNE 30, 2027
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: 300 TONS
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.
PRICES: SEE EXHIBIT B COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS APPLY TO THIS CONTRACT. FIRM FOR THE
CONTRACT PERIOD
Material Contract
Page |1-B
CONTRACT NO.: 2036
SUPPLIER
PART NUMBER EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE 001
1/2" HOT ASPHALT CONCRETE
NORTH/SOUTH COUNTY
TON
$65.00
DELIVERIES:
Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted, and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example: environmental fees, etc.
NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 65.00 PER TON
Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be:
Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2027.
Applicable sales tax will be added in addition to the price indicated above.
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.
PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:
RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Page |1-C
EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.
The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.
The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.
For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.
ASPHALT QUANTITIES
General
Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:
Qh = HMATT x [Xa/(100 + Xa)]
where:
Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract
Page |1-D
Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:
Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:
Qe =AETT x (Xe I 100)
where:
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions," of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).
PAYMENT ADJUSTMENTS
Material Contract
Page |1-E
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:
PA = Qt x A
where:
PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.
For US Customary projects, use:
A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:
A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.
Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.
Item #: 7.4
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Public Works - Wastewater
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of 2027 Ford Police Interceptors
RECOMMENDED ACTION
Award the purchase of seven new/unused 2027 Ford Police Interceptor Utility vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 081325-NAF in the amount of $398,852.16.
ALIGNMENT WITH STRATEGIC PRIORITIES
Public Safety and Emergency Preparedness
SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 081325-NAF, staff is requesting authorization to purchase seven new/unused 2027 Ford Police Interceptor Utility vehicles from National Auto Fleet Group, of Watsonville, CA in the amount of $398,852.16.
The Fiscal Year (FY) 2027 budget includes the purchase of seven new Police Interceptor replacement vehicles with a total budget of $550,000. Due to the size of the patrol vehicle fleet and the need to keep the fleet current, the PD requests to replace seven units a year.
FISCAL IMPACT & FUNDING SOURCES
Funding for the purchase of the Interceptors will come from the Fleet Replacement Funds for Police (Fund 605). The FY 2027 budget for the replacement Interceptors is $550,000. The cost for each unit is $56,975.88 with a total cost of $398,852.16. The remaining funds for each vehicle will be used to fully outfit the units for service.
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
If the purchase of the vehicles is not approved, the annual replacement of PD patrol units will fall behind schedule and could lead to a shortage of units available for officers.
ATTACHMENTS
1. Quote from National Auto Fleet Group
Reviewed/Approved:
Item #: 7.5
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Quitclaim Deed for APN 182-350-011
RECOMMENDED ACTION
Approve a Quitclaim Deed from the County of Tulare transferring any and all rights to the real property identified as Assessor’s Parcel Number 182-350-011, located on Foster Drive between Laspina Street and Sunrise Street, to the City of Tulare; and authorize the City Manager to sign the respective Certificate of Acceptance.
ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation
SUMMARY
The real property identified as Assessor's Parcel Number 182-350-011 is located along the north side of Foster Drive between Laspina Street and Sunrise Street. The parcel was acquired by the County of Tulare in 1960, presumably as future right-of-way for Foster Drive. Upon annexation of the surrounding area into the City of Tulare in 2006, it was assumed by both the County and City that the property would have automatically transferred to City ownership along with the Foster Drive right-of-way.
As part of the Caltrans Highway 99 Widening and Paige Avenue Interchange Project, it will be necessary to relocate existing SCE utility lines along the north side of Foster Drive. Doing so requires SCE to acquire a new easement on APN 182-350-011. In the process of preparing that easement document, SCE rightof-way agents found a discrepancy in the title of the parcel indicating that it may have still been under County ownership. To clarify and resolve any ownership discrepancies, it was decided that the County would undergo a formal quitclaim process to transfer the parcel to the City of Tulare. On June 30, 2026, the County Board of Supervisors approved a Quitclaim Deed to the City of Tulare for APN 182-350-011.
It is recommended that the City Council approve the Quitclaim Deed and authorize the City Manager to execute the corresponding Certificate of Acceptance. Through this action, the City of Tulare will accept ownership of Assessor's Parcel No. 182-350-011.
Next steps will include Council approval of a Grant of Easement to the State for a portion of APN 182- 350-011 for the purposes of relocating SCE facilities as needed to accommodate the Caltrans project.
Caltrans is offering compensation to the City for acquisition of this easement, which will require Council acceptance and authorization for the City Manager to execute related documents.
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
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. Approval with changes - Expected to have minimal impact on operations along Foster Drive.
2. Deny - Would result in serious consequences for the Highway 99 Widening and Paige Avenue Interchange Project, as required relocation of SCE facilities could not take place.
3. Table - Would delay the schedule for the Highway 99 Widening and Paige Avenue Interchange Project.
ATTACHMENTS
1. Quitclaim Deed
2. Certificate of Acceptance
Reviewed/Approved: MM
Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Quitclaim Deed dated June 30, 2026, from County of Tulare, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on July 21, 2026, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Quitclaim Deed.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Wilcox, City Clerk & Public
Affairs Director
Item #: 7.6
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Engineering Services - Engineering
Submitted by: Michael W Miller, City Engineer
Agenda Title: Grant Deed and Relinquishment of Access Rights for APN 169-360-047
RECOMMENDED ACTION
Accept a grant deed in fee interest from Isabel Casanova Ruiz as Prosperity Avenue right-of-way dedication across the frontage of 1039 W. Prosperity Avenue (APN 169-360-047); accept a relinquishment of access rights across a portion of said property frontage; and authorize the City Manager to execute the respective Certificate(s) of Acceptance and any related documents.
ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation
SUMMARY
Parcel Map 5324 created four parcels and a remainder lot on property located along the south side of Prosperity Avenue between Sacramento Street and Northridge Street. Dedication of an additional 12 feet of right-of-way for Prosperity Avenue was required across the four parcels created. Additionally, waivers of access rights were required to be shown on the parcel map along the four parcel frontages so as to limit access points to Prosperity Avenue in accordance with arterial street standards.
The owner of the vacant remainder lot, Isabel Casanova Ruiz, is seeking to develop the lot as a singlefamily residence. As with the four parcels created by Parcel Map 5324, the City is requiring dedication of an additional 12 feet of right-of-way for Prosperity Avenue and relinquishment of access rights to control driveway locations. The property owner has provided both the grant deed and relinquishment of access rights. It is recommended that Council accept the grant deed and relinquishment of access rights associated with the property. Acceptance of these documents will provide the ultimate right-of-way necessary for build-out of Prosperity Avenue frontage improvements and will ensure future access and roadway improvements are consistent with City standards.
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
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. Approving with changes - Would likely have minimal impact on the acceptance of the grant deed, relinquishment of access rights, and proposed development of the subject property.
2. Deny - Would prevent the completion of public improvements required for development of the subject property in accordance with City standards.
3. Table - Could delay development of the subject property.
ATTACHMENTS
1. Grant Deed
2. Grant Deed Certificate of Acceptance
3. Relinquishment of Access Rights
4. Relinquishment of Access Rights Certificate of Acceptance Reviewed/Approved: MM
Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed in Fee dated June 17, 2026, from Isabel Casanova Ruiz, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on July 21, 2026, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant Deed in Fee.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Wilcox, City Clerk & Public
Affairs Director
Office of the City Clerk
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Relinquishment of Access Rights dated June 17, 2026, from Isabel Casanova Ruiz, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on July 21, 2026, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Relinquishment of Access Rights.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Wilcox, City Clerk & Public
Affairs Director
Item #: 7.7
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Engineering Services - Engineering
Submitted by: Michael W Miller, City Engineer
Agenda Title: All-Way Stop Designation for the Intersection of Foster Drive and Turner Drive
RECOMMENDED ACTION
Adopt a resolution designating the intersection of Foster Drive and Turner Drive as an all-way stop intersection and authorizing the installation of corresponding stop control.
ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation
SUMMARY
The Developer of Phase 3 of Cottonwood Estates was conditionally required to complete a traffic impact study (TIS) to identify project impacts to nearby roadways and intersections and to propose mitigation measures to offset identified impacts. On behalf of the developer, C2 Consult Corp prepared the TIS.
One of the intersections evaluated in the TIS was that of Foster Drive and Turner Drive. This intersection is currently a tee intersection with northbound traffic on Turner Drive required to stop at its terminus into Foster Drive. Eastbound and westbound traffic on Foster Drive is not required to stop at the intersection.
The TIS identified that the Peak Hour Traffic Signal Warrant is currently met at the intersection; a condition that will be exacerbated by the addition of project related traffic. However, the City has identified and programmed a capital improvement project to realign Turner Drive in the 2026-2031 Capital Improvement Program, which will result in a reconfigured intersection east of the current location coinciding with the alignment of Mooney Boulevard. Therefore, installation of a traffic signal at the existing intersection would in effect be a “throw-away” improvement at substantial cost. The TIS identified that the City may choose to install all-way stop control at the existing intersection of Foster Drive and Turner Drive in accordance with guidance contained in the California Manual of Uniform Traffic Control Devices (CAMUTCD) as an interim traffic control strategy. The intent would be would be for this control strategy to remain in place until such time as the realignment of the intersection is completed. Staff concurs with this recommendation and recommends adoption of a resolution designating the intersection of Foster Drive and Turner Drive as an all-way stop intersection and authorizing the installation of corresponding stop control.
FISCAL IMPACT & FUNDING SOURCES
There will be no fiscal impact to the City, as the Developer of Phase 3 of Cottonwood Estates will be responsible for improvements associated with the all-way stop designation as mitigation for their project impacts.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Councilmember Harrell owns property within 500 feet of the intersection of Foster Drive and Turner Drive.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work with the consultant that prepared the traffic study to address changes requested by Council.
2. Deny – Council could opt to not approve the resolution, resulting in the intersection remaining as 1- way stop control intersection. The City could incur liability by not following the recommendations of the traffic study, which were based upon the standards and guidelines contained within the CAMUTCD.
3. Table – Tabling the item could delay implementation of the recommendations of the traffic study, which could carry some liability risk.
ATTACHMENTS
1. Resolution
Reviewed/Approved: MM
RESOLUTION 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
DESIGNATING THE INTERSECTION OF FOSTER DRIVE AND TURNER DRIVE AS AN ALL-WAY
STOP INTERSECTION AND AUTHORIZING THE INSTALLATION OF STOP CONTROL WHEREAS, Phase 3 of the Cottonwood Estates subdivision required preparation of a traffic impact study to evaluate existing and projected traffic conditions at designated roadway segments and intersections, including the intersection of Foster Drive and Turner Drive; and WHEREAS, the required traffic impact study was prepared by C2 Consult Corp. on behalf of the subdivider and evaluated the operational characteristics and future traffic needs at the subject intersection; and
WHEREAS, the traffic impact study determined that the intersection meets certain warrants identified in the California Manual on Uniform Traffic Control Devices (CAMUTCD) for future signalization; however, the intersection is planned to be realigned as part of a street improvement project included in the City's Fiscal Year 2026-2031 Capital Improvement Program; and WHEREAS, pending completion of the planned intersection realignment, the traffic impact study concluded that installation of all-way stop control is an appropriate interim traffic control measure consistent with the guidance contained in the CAMUTCD; and WHEREAS, the City Engineer and Chief of Police have reviewed the traffic impact study, concur with its findings, and recommend designation of the intersection as an all-way stop intersection in the interest of public safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The intersection of Foster Drive and Turner Drive is hereby designated as an allway stop intersection, with traffic approaching the intersection from each direction required to stop.
Section 2. The City Engineer, or designee, is authorized and directed to install or cause to be installed the appropriate traffic control devices necessary to implement this designation in accordance with applicable law and the California Manual on Uniform Traffic Control Devices.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Melissa Wilcox, City Clerk & Public
Affairs Director
Resolution 202X-XXX
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.
Item #: 7.8
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Caltrans Easement Acquisition for APN 182-350-011
RECOMMENDED ACTION
Authorize the City Manager, or designee, to execute all documents required for the sale of easement rights to the State of California for the benefit of Southern California Edison covering a portion of Assessor’s Parcel Number 182-350-011; and authorize the City Manager or designee to execute a Certificate of Conveyance and all other documentation necessary to accept compensation and complete conveyance.
ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation
SUMMARY
The real property identified as Assessor's Parcel Number 182-350-011 is located along the north side of Foster Drive between Laspina Street and Sunrise Street. Subject to Council approval of a related item which is scheduled to be considered earlier on this meeting agenda, the City will acquire the parcel from by the County of Tulare through a Quitclaim Deed.
As part of the Caltrans Highway 99 Widening and Paige Avenue Interchange Project, it will be necessary to relocate existing SCE utility lines along the north side of Foster Drive. Doing so requires SCE acquire a new easement on APN 182-350-011. As the Lead Agency for the project, Caltrans is seeking to acquire the necessary easement for the benefit of SCE. A market value valuation was performed to determine a fair market value of the 1,740 square foot easement being acquired, which resulted in a valuation of $8,800.00 (based on $5.04 / sq. ft. and rounded up to the nearest $100). An additional incentive of $1,000 is offered if the City accepts the purchase offer by August 6, 2026, which would increase the acquisition offer to $9,800.00
Staff recommends that Council accept the State’s purchase offer and authorize the City Manager or designee to execute a Certificate of Conveyance and all other documentation necessary to accept compensation and complete transfer of the easement to the State of California.
FISCAL IMPACT & FUNDING SOURCES
The State of California will compensate the City fair market value for the easement being acquired in an amount of $8,800. An additional $1,000 incentive will be added if the City accepts the purchase offer by August 6, 2026, which would result in an adjusted compensation of $9,800.
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 – Any changes to the purchase offer would require negotiations with Caltrans, which would likely result in delays to the Highway 99 Widening and Paige Interchange Project schedule.
2. Denial – Denying the purchase offer would result in serious consequences for the Highway 99 Widening and Paige Avenue Interchange Project, as required relocation of SCE facilities could not take place.
3. Table – Tabling the quitclaim deed would delay the schedule for the Highway 99 Widening and Paige Avenue Interchange Project.
ATTACHMENTS
1. Right of Way Contract
2. Certificate of Conveyance
3. Caltrans Acquisition Package Letter
4. Caltrans Title VI Brochure
5. Caltrans Your Property Brochure
6. Summary Statement
7. Grantor’s Copy
8. Incentive Letter
9. Occupancy Certification
Reviewed/Approved: MM
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT
STATE HIGHWAY
RW 8-3 (Rev. 6/95)
APN 182-350-011
District County Route P.M. E.A. / Project ID. Program Fed. Ref. Name Parcel 06 Tulare 099 25.2/
30.6 48950 / 0614000040 P099 (688) City of Tulare 100334 Tulare ,California
, 2026
City of Tulare
Grantor
RIGHT OF WAY CONTRACT - STATE HIGHWAY
Document No. 100339 in the form of an EASEMENT DEED for the benefit of Southern California Edison, covering the property particularly described in the above instrument, and, covering the property as delineated on the attached map(s) identified as Exhibit “A”, has been executed and delivered to Samantha Trujillo, Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described as Parcel No. (s) 100334 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property.
(C) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
(D) The parties to this agreement shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3. (E) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this agreement.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
RW 8-3 (Rev. 6/95) Parcel No. 06-100334
2. The State shall:
(A) Pay the undersigned Grantor the sum of $9,800.00 for the property or interest conveyed by above documents when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
B. Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax.
C. Have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow.
3. In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in clause 2 (A) above includes the sum of $1,000.00 as an incentive to the grantor for the timely signing of this Right of Way Contract. This incentive payment offer expires thirty (30) days from the Initiation of Negotiations August 6, 2026.
4. In consideration of the State’s waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor’s obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract.
5. Permission is hereby granted to State or its authorized agent to enter on my/our land, where necessary, to construct Driveway curb access. I (we) understand and agree that after completion of the work, said facility(ies) will be considered as my/our sole property and I (we) will be responsible for its/their maintenance and repair.
6. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in as good condition as found.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
RW 8-3 (Rev. 6/95) Parcel No. 06-100334
7. Grantor(s) warrant that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) agree to hold State harmless and reimburse State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period exceeding one month.
8. State agrees to indemnify and hold harmless the Grantors from any liability arising out of State’s operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State’s operations under this agreement and State will, at its option, either repair or pay for such damage.
9. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) herein are paid to the owner. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
10. This transaction shall be handled through an internal escrow by the State of California, Department of Transportation, 2015 E. Shields Avenue, Suite 100, Fresno, CA 93726 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 4 of 4
RW 8-3 (Rev. 6/95) Parcel No. 06-100334
In Witness Whereof, the Parties have executed this agreement the day and year first above written BY
Grantor DATE
RECOMMENDED FOR APPROVAL: APPROVED BY:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY
Samantha Trujillo
RW AGENT DATE
BY
ANGELA CHAPA
Branch Chief DATE
APPROVED BY:
By:
NICHOLAS G. DUMAS Office Chief, Capital
District 6 Right of Way
No Obligation Other Than Those Set Forth Herein Will Be Recognized Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated _____________________, from the City of Tulare, a Municipal Corporation of the State of California to the State of California Department of Transportation was duly conveyed by the City Council of the City of Tulare on July 21, 2026, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant of Easement.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Wilcox, City Clerk & Public
Affairs Director
STATE OF CALIFORNIA-------CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
Making Conservation
a California Way of Life.
DEPARTMENT OF TRANSPORTATION
DISTRICT 6
2015 E. SHIELDS AVENUE, SUITE 100
FRESNO, CA 93726-5428
PHONE (559) 977-9967
TTY 711
www.dot.ca.gov
[email protected]
July 6, 2026
City of Tulare FILE: 06-TUL-99-PM 25.2/30.6
East of State Route 99 and North of E. Foster Dr. Parcel No: 100339 Tulare, Ca 93274 Project ID: 0614000040
E.A.: 48950
Dear City of Tulare:
The California Department of Transportation (Caltrans) is proposing to widen state route (SR) 99 from four to six-lane to reduce future traffic congestion in the City of Tulare.
The project consists of the purchase of 1,740 square feet (sf) in Easement of the property owned by City of Tulare located East of State Route 99 and North of E. Foster Dr, in the County of Tulare (APN: 182-350-001). The property is vested in City of Tulare.
Enclosed are the following acquisition documents relating to this transaction:
• Title VI Brochure, Title VI of the 1964 Civil Rights Act and Related Statutes and “Your Property, Your Transportation Project” Booklet
• Appraisal Map
• Appraisal Report
• Summary Statement Relating to the Purchase of Real Property or an Interest Therein
• Right of Way Contract
• Incentive Payment Letter
• Occupancy Certification
• Grant Deed
In the event you should have any questions, please contact me directly at (559) 977- 9967 or by email at [email protected].
Sincerely,
Samantha Trujillo
Samantha Trujillo
Right of Way Agent – Acquisition Branch
ENCLOSURES
G-1208-3/ Jan 2009
District 1
Equal Opportunity
(EO) Office
1656 Union Street
Eureka, CA 95501
(707) 445-5318
District 2
EO Office
4300 Caterpillar Road
Redding, CA 96003
(530) 225-3055
District 3
EO Office
P.O. Box 911
Marysville, CA 95901
(530) 741-7130
District 4
EO Office
P.O. Box 23660
Oakland, CA 94623
(510) 286-5871
District 5
EO Office
50 Higuera Street
San Luis Obispo, CA 93401
(805) 549-3037
District 6
EO Office
1352 West Olive Avenue
Fresno, CA 93728
(559) 444-2522
District 7
EO Office
100 S. Main Street
Los Angeles, CA 90012
(213) 897-8244
District 8
EO Office
464 West 4th Street
San Bernardino, CA 92401
(909) 383-4229
District 9
EO Office
500 S. Main Street
Bishop, CA 93514
(760) 872-0752
District 10
EO Office
1976 East Martin Luther
King Jr. Blvd.
Stockton, CA 95205
(209) 948-3911
District 11
EO Office
4050 Taylor Street, MS 250
San Diego, CA 92110
(619) 688-4249
District 12
EO Office
3337 Michelson Drive
Suite 380
Irvine, CA 92612
(949) 724-2021
This publication
will be made
available
in alternative
formats:
Braille
Large print
Computer disc
Or audio version
Upon request by calling
the Caltrans Civil Rights
Title VI Program at: (916) 324-0817
711
(TTY)
Toll Free
(866) 810-6346
This brochure is designed to inform you
of the requirements of Title VI of
the Civil Rights Act of 1964 and your
rights under those requirements.
Headquarters
Title VI Coordinator
1823 14th Street, MS 79
Sacramento, CA 95811
(916) 324-0817
What is Title VI?
Title VI is a statute provision
of the Civil Rights Act of 1964.
Title VI (Sec. 601) of the
Civil Rights Act of 1964 provides:
“No person in the United States shall, on
the grounds of race, color, or national
origin, be excluded from participation in,
be denied the benefits of, or be subjected
to discrimination under any program
or activity receiving Federal financial
assistance.” (42 U.S.C. Sec 2000d)
What does this mean?
That Caltrans strives to ensure that access to and use
of all programs, services or benefits derived from any
Caltrans activity will be administered without regard
to race, color, national origin, sex, age, disability or socioeconomic status.
Caltrans will not tolerate discrimination by a Caltrans employee or recipients of Federal funds such as
cities, counties, contractors, consultants, suppliers,
universitities, colleges, planning agencies and any
other recipients of federal-aid highway funds.
Caltrans prohibits all discriminatory practices,
which may result in:
• Denial to any individual of any service, financial aid or benefit provided under the program to which he
or she may be otherwise entitled;
• Different standards or requirements for participantion; • Segregation or separate treatment in any part of
the program;
• Distinctions in quality, quantity or manner in which the benefit is provided;
• Discrimination in any activities conducted in a facility built in whole or part with Federal funds.
To ensure compliance with Title VI, related statutes and the Presidential Executive Order on Environmental
Justice, Caltrans will:
• Avoid or reduce harmful human health and
environmental effects on minority and
low-income populations;
• Ensure the full and fair participation by all
communities including low-income and
minority populations in the transportation
decision-making process;
• Prevent the denial of, reduction in or significant
delay in the receipt of benefits by minority and
low-income populations.
Additionally, any recipient, including, but not
limited to Metropolitan Planning Organizations
and local cities and counties, who receives Federal
financial aid bears a responsibility to administer
its program and activities without regard to
race, color, national origin, sex, age, disability
or socioeconomic status.
Benefits and Services
Caltrans’ mission is to provide the people of
California with a safe, efficient and effective
inter-modal transportation system. All of the
work Caltrans performs is intended to assist
the transportation needs of all the people of
California regardless of race, color, national origin,
sex, age, disability or socioeconomic status.
Are your rights being violated?
If you believe that you have been discriminated
against because of your race, color, national origin,
sex, age, disability or socioeconomic status; you
may file a written complaint with the Caltrans Civil
Rights Office of Equal Opportunity (EO). District
EO offices are located statewide. The addresses
and telephone numbers are located on the back of
this brochure. Title VI complaints are forwarded to
Sacramento for investigation by the Discrimination
Complaint Investigation Unit.
Who bears the responsibility
to Title VI?
All of Caltrans employees and its functional programs.
The Caltrans Civil Rights Title VI Program will
provide continuous leadership, guidance and
technical assistance to ensure ongoing compliance
with Title VI and the Executive Order on
Environmental Justice. Please refer to the
Caltrans offices listed on the back.
Additionally, Executive
Order 12898, Federal Actions
to Address Environmental Justice
in Minority Populations and
Low-Income Populations,
1994 provides:
“Each Federal agency shall make
achieving environmental justice part of
its mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of its programs,
policies, and activities on minority
populations and low-income populations.”
Related statutes provide protection against
discrimination on the basis of sex, age or disability
by programs receiving Federal financial assistance.
Your Property
Your Transportation
Project
2 3
INTRODUCTION
This booklet was prepared for you as a person who
may potentially be affected by a proposed public
transportation project. If it is your property that is
affected, you may have wondered what will happen.
Who will contact you? What will you be paid for your
property? Who will pay your moving costs? Will the
State Department of Transportation (Department)
help you find a new place to live? Important
questions like these require specific answers.
We hope this booklet will answer some of your
questions and present a better picture of our overall
procedures.
4 WHY DOES A PUBLIC AGENCY HAVE THE RIGHT TO
BUY MY PROPERTY?
Our State and Federal constitutions recognize the
need for public agencies to purchase private
property for public use, and provide appropriate
safeguards to accomplish this purpose. State and
Federal constitutions and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act
authorize the purchase of private property for public
use and assure full protection of the rights of each
citizen. The responsibility for studying potential sites for a transportation project rests with a team of
specially trained individuals selected to do this
important job. Many months or even years are spent
in preliminary study and investigation to consider
possible locations for a project.
Consideration of the environmental and social
impacts are as much a part of location
determination as engineering and cost. Participation
by private citizens and public agencies is actively
sought so that various views can be considered in
the study process. The process may include public
hearings and/or workshops, which give persons an
opportunity to express their views on the locations
being considered.
5 The California Department of Transportation is
composed of many specialists. Among these are:
Transportation Planners
These individuals determine methods and routes for
the traveling public. This includes studies of existing traffic patterns, “origin-destination” surveys and user benefits. They also determine whether the proposed
project location is economically sound. They research
and analyze the effects produced by similar projects
upon other communities.
Environmental Planners
These individuals evaluate the socio-economic and/or
environmental impacts, including traffic, noise and
visual impacts of the proposed project.
Design Engineers
These individuals recommend the type of
transportation project which will be of the most benefit to the public. They prepare design plans which
determine the properties needed for the project.
6 Relocation Specialists
These individuals perform early studies of the general
needs of persons who may need to be relocated and
the kind of replacement properties which may be
required. A relocation impact analysis will be
completed before the Department requires anyone to
move from their property.
As a result of this team effort, the best possible location for a transportation facility is selected after thorough social, economic, engineering, and environmental
analyses, as well as consideration of expressed public
concerns and desires. The goal is that the project
provide the greatest public good and the least private
injury or inconvenience while rendering the best
possible service.
Transportation Surveyors
These individuals perform field surveys and monument
property lines to delineate and map the Department’s
right of way needs. They are also authorized by law to
enter real property to perform such tasks. It is the
Department’s policy that owners and tenants of
property will be notified prior to such surveys.
7 WHO WILL CONTACT ME?
One of the first persons you will meet is a Right of Way Agent performing the staff appraisal. You will be
afforded the opportunity to accompany the appraiser
on the inspection of your property. At the time of the
inspection the appraiser will also provide you with
general project information. The appraiser will analyze your property and examine all of the features which
contribute to its market value. Information about
improvements you have made and any other special
features that you believe may affect the market value
of your property should be given to the appraiser to
ensure he/she has all the information you feel is
relevant.
It is the duty of the Department to ensure that you
receive fair market value as if you sold your property
privately in the open market. The Department cannot
buy your property for more than it is worth, but it can and will assure you that you do not have to sell your
property for less than its fair market value. California law provides that the owner shall receive a copy of
the appraisal or a summary of the valuation upon
which the Department’s offer is based.
8 At the time the offer is made to purchase your
property, you may obtain your own appraisal and the
Department will reimburse you up to $5,000 for the
actual, reasonable costs of obtaining an independent
appraisal. A licensed State appraiser must perform
your appraisal. Your Right of Way Agent will provide
more information concerning this reimbursement at
the time of the offer.
WHAT ADVANTAGE IS THERE IN SELLING YOUR
PROPERTY TO THE DEPARTMENT?
A real estate purchase by the Department of
Transportation is handled in the same way as any
private sale of property. However, there can be
financial advantages in selling to the Department.
The Department will pay fair market value for your
property. The Department will also pay for the
preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such
other fees as may be required for the conveyance of
title to the Department. Since this is a direct
conveyance of real property from the property owner
to the Department, there are no real estate
commissions involved, and the Department will not
recognize or pay any such real estate commissions.
A private sale will usually cost thousands of dollars in sales expenses. There are no seller’s expenses in a
purchase by the Department.
9 Additionally, depending on your specific
circumstances, you may be eligible for relocation
payments and benefits when you move. These
benefits are described in supplemental booklets which
will be provided to you, should the Department’s
acquisition actually cause you to be displaced from
your property.
WILL I BE PAID FOR LOSS IN VALUE TO MY REMAINING
PROPERTY?
When only a part of your property is needed for a
project, every reasonable effort is made to ensure that you do not suffer damages to the remainder of your
property. The total payment by the Department will
be for the property the Department actually
purchases and for any loss in market value to your
remaining property.
The determination of any loss in market value is an
appraisal analysis involving many variables. When this
situation occurs, the Right of Way Agent will explain
the effect of a partial acquisition on your remaining
property.
10 MAY I RETAIN AND MOVE MY HOME, BUSINESS
BUILDING, MACHINERY, OR EQUIPMENT?
If your house is movable and you wish to make such
an arrangement, the Department will pay you on the
basis of the market value of your present lot including landscaping, plus the reasonable cost of moving the
building. There are cases where, because of age, size
or condition of the house, the cost of moving it would
exceed its present market value, less its salvage value.
In such a case, payment of moving costs would, of
course, be an unwise expenditure of public funds.
If you operate a farm or business, you may wish to
keep and move fixed machinery and equipment.
Additionally, as an owner of a business conducted on
the property to be purchased, you may be entitled to
compensation for a loss of business goodwill. Your
specific circumstances will need to be analyzed on a
case-by-case basis.
If any of these concepts are applicable to your
situation, they will be explained by the Right of Way
Agent assigned to purchase your property.
11 WILL I HAVE TIME TO SELECT ANOTHER HOME AFTER THE
DEPARTMENT MAKES ITS PURCHASE?
The Department starts to appraise properties early
enough so that you will have ample time to move
prior to project construction. Like any other real estate transaction, it requires time to close an escrow after a right of way contract and deed have been signed.
You will not be required to move until reasonable,
decent, safe and sanitary replacement housing is
available.
Once you have received the written offer to purchase
your property from the Department, it is in your best
interest to look for a new place to live as soon as
possible. Finding a home early that best suits your
needs before you are required to move will minimize
your personal inconvenience and will avoid having to
make a choice of housing under pressure. In some
instances you may be able to sell your property to the
Department and rent back temporarily pending
construction.
The Department also offers to provide you with
assistance in finding a new place in which to live. The Department will give you at least 90 days notice in
writing before you are required to move.
12 WHAT HAPPENS TO THE LOAN ON MY PROPERTY?
After you and the Department have agreed upon a
price, a Right of Way Agent and/or a title company
will contact all other parties having an interest in the property. Payment to satisfy outstanding loans or liens will be made through a title company escrow as in the
case in any real estate transaction.
WHAT WILL HAPPEN TO MY GI OR CAL-VET LOAN?
The Veterans Administration and the California
Department of Veterans Affairs allow your veteran
loan privileges to be transferred and to become
available for coverage on another property.
Your Right of Way Agent will assist you in the transfer.
However, it is to your benefit and your responsibility to check with the Veterans Administration or the
California Department of Veterans Affairs for
procedural instructions.
13 IF THE VALUE OF MY PROPERTY IS HIGHER TODAY THAN
WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME OR
CAPITAL GAINS TAX ON THIS DIFFERENCE WHEN SELL/
CONVEY TO THE DEPARTMENT?
According to the Internal Revenue Service, the sale of
property to a governmental agency for public
purposes comes under the definition of an “involuntary
conversion.” In these cases, it is not necessary to pay income tax or capital gains tax if the money you
receive is used to buy a similar property within a
limited period of time. In every case, however, you
should check with your local Internal Revenue Service
office and/or accountant.
WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT I
NOW HAVE UNDER THE PROVISIONS OF PROPOSITION
13?
Section 2(d) of Article XIII-A of the California
Constitution and Section 68 of the Revenue and
Taxation Code generally provide that property tax
relief shall be granted to any real property owner who
acquires comparable replacement property after
having been displaced by governmental acquisition
or eminent domain proceedings.
14 You will be given a copy of this information with an attached page showing examples of how to
calculate estimates of the tax relief you may be
eligible for. These are only approximations. You must
see your county Tax Assessor for a final determination.
THE DEPARTMENT’S RIGHT OF EMINENT DOMAIN
An owner’s rights are guaranteed by the federal and
State constitutions and applicable federal and State
laws. The principal right is that “Just Compensation”
must be paid.
The vast majority of our transactions are settled by
contract. However, if the owner and the Department
cannot agree on the terms of sale, the Department
may resort to the eminent domain process to avoid
delaying the project, and will ultimately initiate
condemnation proceedings.
The Department will request authority from the
California Transportation Commission (Commission) to
file a condemnation action in court. You will be given
an opportunity to appear before the Commission to
question whether public interest, necessity, planning
and location require the proposed project and your
property. The Commission does not hear arguments
regarding valuation or just compensation.
15 Condemnation lawsuit documents are prepared by
the Department and filed with the court in the county
where the property is located. The Summons and
Complaint will then be served on all persons having a
property interest in the parcel. The persons served
must file an Answer to the lawsuit within 30 days.
Counsel for the parties will then prepare for trial, and the court will set dates for preliminary motions and the trial.
WHAT HAPPENS IN A CONDEMNATION TRIAL?
The purpose of the trial is to determine the amount of
Just Compensation. Usually the trial is conducted
before a judge and jury. Both the property owner and
Department will have the opportunity to present
evidence of value. The jury will determine the amount
of compensation after being instructed as to the law
by the judge. In those cases where the parties choose
not to have a jury, the judge will decide the amount
of compensation.
The Judgment is then prepared by counsel and
signed by the judge. It will state that, upon payment
of the amount of the verdict for the benefit of the
property owner, title will be transferred to public
ownership.
16 When the Department makes the payment as
required by the Judgment, the Final Order of
Condemnation is signed by the judge and recorded
with the County Recorder’s office. This finalizes the
actual transfer of title.
WHO PAYS THE CONDEMNATION TRIAL COSTS?
The Department pays the costs of its attorney and its
engineering and appraisal witnesses. It will also pay
the jury fees and your recoverable costs allowed by
law. The fee for filing your Answer with the court is an example of such costs.
If the judge determines that the Department’s offer of
settlement was unreasonable, while the demand of
the property owner was reasonable as viewed in light
of the evidence admitted at trial and the verdict, the
property owner may receive litigation expenses such
as their attorney’s fees. The Judgment is then
prepared by counsel and signed by the judge.
17 IF I WANT A TRIAL, MUST I HAVE AN ATTORNEY AND
EXPERT WITNESSES?
Most property owners will be represented by an
attorney, although they have the right to represent
themselves.
You may wish to consult your family attorney. If you do not have one, in many communities the yellow pages
of the telephone directory will refer you to an attorney reference service. The local bar association may also
provide a list of attorneys who may offer services in
eminent domain proceedings.
You and your attorney must decide what type of case
you will present and what witnesses will be needed.
WILL I BE PAID ANY RELOCATION ASSISTANCE BENEFITS
EVEN THOUGH I GO TO COURT?
A decision to go to court has no effect on your right to relocation benefits. Payment of relocation benefits is
administered separately from the condemnation
action. You will be provided details of additional
assistance to help displaced persons, businesses, farms or nonprofit organizations in finding, purchasing or
renting, and moving to a new location. These are
explained in various booklets prepared for
homeowners, tenants, and business and farm
operators and are made available by the Department
of Transportation.
18 HOW LONG CAN I KEEP MY PROPERTY?
Continued use of your property usually depends on
when construction must begin, including utility
relocations, and the demolition and/or clearance of
buildings. If construction must begin before the trial, the Department will seek a court order for early
possession of your property.
In this regard the Department will be required to
deposit with the State Treasurer, the probable amount
of just compensation, as determined by an appraisal
as security for the value of the property rights it is
seeking. The court will determine if the amount of
money deposited is adequate. Once the deposit is
made the owner may withdraw all or a portion of it at
any time during the condemnation proceedings.
The court may then grant to the Department an order
for early possession allowing the Department to use
the property for construction of the project.
To obtain an Order for Possession, the Department will
file a motion with the court and schedule a hearing 90
days after you and all occupants of the property are
served with the motion papers (60 days if the property
is unoccupied). You and the occupants, if any, will
have 30 days to oppose the motion. Once the court
grants an Order for Possession of the property, the
Department may obtain possession of the property 30
days after the owner and any occupants are served
with the Order.
19 Subject to the rights of any other persons having an interest in the property, you may withdraw all or part of the pre-Judgement deposit.
If you do not make a withdrawal, the Department will
pay interest on the eventual court award, or agreed
settlement sum from the time it legally occupied your
property until the date of final payment to you. Interest will accrue at the applicable statutory rate until paid at the time of final settlement.
The Department’s Right of Way Agent assigned to
purchase your property will assist you in the transaction and will be available to answer any additional
questions you may have.
20 . DEFINITIONS
The language used in relation to eminent domain
proceedings may be new to you. These are some
terms you may hear and their general meaning.
Acquire
To purchase
Answer
The property owner’s written reply, in appropriate
legal form, filed with the court in response to the
eminent domain complaint and as requested by the
summons.
Compensation
The amount of money to which a property owner is
entitled under the law for the purchase of their
property and any related damages.
Complaint
The document filed with the court by the Department
which initiates an eminent domain proceeding.
21 Condemnation
The legal process by which a proceeding in eminent
domain is accomplished.
Counsel
An attorney or attorneys
Department
The State of California acting through the Department
of Transportation.
Eminent Domain
The right of government to purchase private property
for public use.
Fair Market Value
The fair market value of the property taken is the
highest price on the date of valuation that would be
agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to
buy but under no particular necessity for so doing,
each dealing with the other with full knowledge of all
the uses and purposes for which the property is
reasonably adaptable and available.
22 Final Order of Condemnation
The instrument which, when recorded, transfers title to public ownership.
Judgment
The court’s formal decision based on applicable law
and the verdict.
Just Compensation
The measure of Just Compensation is Fair Market
Value.
Loss of Business Goodwill
A loss in the value of a business caused by the
Department’s acquisition of property that cannot be
reasonably prevented by relocation of the business or
the owner adopting prudent or reasonable steps that
preserve the value of the business goodwill.
Parcel
Usually means the property that is being acquired.
Plaintiff
The public agency that desires to purchase the
property.
23 Possession
Legal control; to have the right to use.
Property
The right or interest which an individual has in land,
including the rights to use or possess. Property is
ownership; the exclusive right to use, possess or
dispose of a thing.
Right of Entry
An agreement between an owner and the
Department which allows the Department to utilize
the property while continuing to negotiate the terms
of settlement. Interest, calculated at the statutory
rate, is included in the settlement upon conclusion of
the transaction.
Summons
Notification of filing of a lawsuit in eminent domain
and of the necessity to file answer or other responsive pleading.
Title
Legal ownership
24 Trial
The hearing of the facts from a plaintiff and
defendant in court of law, either with or without a jury.
Verdict
The amount of just compensation to be paid for a
property including any damages to the remainder, if
applicable.
25 NOTES
26 NOTES
27 28
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY AND LAND SURVEYS
OCTOBER 2020
This is an informational pamphlet only. It is not
intended to give a complete statement of all State or
federal laws and regulations pertaining to the
purchase of your property for a public use, the
Relocation Assistance Program, technical legal
definitions, or any form of legal advice.
ADA Notice
For individuals with disabilities, this document is
available in alternate formats. For information contact:
Division of Right of Way and Land Surveys
(916) 654-5413
or write:
1120 N Street, MS 37
Sacramento, CA 95814
The California Department of Transportation is proposing to widen state route (SR) 99 from four to six-lane to reduce future traffic congestion in the City of Tulare.
Your property located East of State Route 99 and North of E. Foster Dr (APN: 182- 350-011 is within the project area and is also identified by your county assessor as Parcel No 100339.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the Department of Transportation purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is in a Temporary Construction Easement. The interest being purchased are described in the attached deed and outlined in color on the attached map.
4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Appraisal Summary Statement and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased;
b. Is not less than the approved appraisal of the fair market value of the property as improved;
c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 6/2010) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2
that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the Department of Transportation.
5. Pursuant to Civil Code of Procedure Section 1263.025 should you elect to obtain an independent appraisal, the Department will pay for the actual reasonable costs up to $5,000 subject to the following conditions; You, not the Department of Transportation (Department), must order the appraisal. Should you enter into a contract with the selected appraiser, the Department will not be a party to the contract;
a. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA).
b. Appraisal cost reimbursement requests must be made in writing and submitted to the Department of Transportation, Division of Right of Way, Attention: Samantha Trujillo, 2015 E. Shields, Suite 100, Fresno, California, 93726, within 90 days of the earliest of the following dates:
(1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the Department of Transportation concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the grantor ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the State’s offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation to the State of California of all or part of your interest in the real property sought to be acquired by the Department of Transportation as set out in Streets and Highways Code Sections 104.2 and 104.12.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 6/2010) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2
(Form #)
GRANTOR’S
COPY
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION CONFIDENTIAL EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) This document contains personal information and pursuant to Civil
Code 1798.21, it shall be kept
confidential in order to protect
against unauthorized disclosure.
7-EX-25
(REV 11/2020)
1 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] P099(688) 100339 31
Fed. Proj. No. Parcel AR#
06 TUL 99 25.2/30.6 48950 0614000040
Dist Co Rte PM Exp Auth Project ID No.
APPRAISAL REPORT DATE: 06/25/2026
TO: ANGELA CHAPA
Senior Right of Way Agent
Acquisition Branch, Dist. 06
FROM: JAIB MUHAR
Senior Right of Way Agent
Appraisal Branch, Dist. 06
Project Limits: On State Route 99 in Tulare County
Between 0.2 mile south of Avenue
200 Overcrossing And 0.1 mile north
of Prosperity Avenue Overcrossing.
SUBJECT: Noncomplex Valuation ($25,000 or less) $8,800.00 EFFECTIVE DATE OF VALUE: April 20, 2026
DATE OF INSPECTION: 4/20/2026
OWNER: City of Tulare Dates:
ENV. CLEAR 12/29/2023
CERT. 10/09/2026
PROPERTY IDENTIFICATION: The property is located East of State Route 99 and North of E. Foster Dr. in Tulare, CA. It is identified by the Tulare County Assessor’s Office as Parcel Number (APN) 182-350-011.
DATE ACQUIRED: Over five years ago.
INTEREST APPRAISED:
100339-1: 1,740 square feet (sf.) in Permanent Easement.
DEFINITION OF VALUE:
“(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. “(b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) (Cont.) 7-EX-25 (REV 11/2020) 2 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] PROJECT DESCRIPTION:
The project proposes to widen state route (SR) 99 from four to six-lanes to reduce future traffic congestion in the city of Tulare, CA from 0.2 miles south of Avenue 200 Overcrossing (OC) (PM 25.20) to 0.1 miles north of Prosperity Avenue Overcrossing (OC) (PM 30.60). The proposed work includes constructing one lane in each direction in the existing median of SR 99 and reconstructing Paige Ave interchange(I/C) by adding 4 roundabouts to improve traffic operations and an 8-foot outside shoulder on Paige Ave. between Blackstone Ave. and Laspina St. intersections with a 10-foot-wide raised median. The project proposes to remove existing ramps and construct new ramps on revised alignment to form a tight diamond interchange configuration. The on and off-ramps will begin/end at Paige Ave Roundabouts. Provide ramp metering and CHP enforcement area for onramps.
PROPERTY DESCRIPTION:
The subject property is 15,978 square feet (sf.), according to the Caltrans appraisal map, and is an irregularly shaped lot. The property’s zoning designation has been dissolved by the City of Tulare. The parcel is located in a high-traffic area. Utilities are available on-site, including electricity, water, gas, and septic. The property features level topography, making it well-suited for a variety of potential uses. There are no off-site improvements currently in place. Access is provided via E. Foster Drive, as well as a county road along the western boundary that appears to function as an alleyway. The property is located East of State Route 99 and North of E. Foster Dr. in Tulare, CA. It is identified by the Tulare County Assessor’s Office as Parcel Number (APN) 182-350-011.
There are three factors to consider when determining the larger parcel: the unity of use, unity of ownership, and contiguity. The subject property is comprised of APN 182-350-011 totaling 15,978 square feet (sf.), according to Caltrans appraisal maps. No other properties fall under the larger parcel factors; therefore, APN 182-350-011 is the only APN considered in this appraisal report.
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) (Cont.) 7-EX-25 (REV 11/2020) 3 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] ZONING and HIGHEST and BEST USE:
The subject property does not have an active zoning designation, as the prior zoning has been dissolved by the City of Tulare. As such, the legally permissible uses of the property are not clearly defined and would likely be influenced by surrounding land uses and applicable planning policies.
The properties adjoining the subject are zoned R-1-6, which is intended to provide residential neighborhoods consisting primarily of single-family dwellings. The minimum lot size within the R-1-6 district is 6,000 square feet. By using the across the fence (ATF) method of valuation, it was determined that the adjacent land consists of single-family residential lots ranging from 12,000 to 36,000 square feet. The subject property consists of 15,978 square feet.
In analyzing the highest and best use of the subject property four criteria must be met: (1) legally permissible, (2) physically possible, (3) financially feasible, and (4) maximally productive.
As Vacant:
1. Legally Permissible: The subject property does not currently have an active zoning designation. However, the adjoining properties are zoned R-1-6, and any potential use of the subject would be influenced by and consistent with surrounding residential development patterns.
2. Physically Possible: The test of physical possibility addresses the physical characteristics associated with the site that might affect its highest and best use. Assuming the size, shape, terrain, location, and accessibility of land are similar to the adjoining parcels, is suitable for single family residential uses.
3. Financially Feasible: Neighboring adjacent parcels have developed single family residential lots. This indicates that this use is financially feasible.
4. Maximally Productive: The maximally productive use, which is legally permissible, physically possible, and financially feasible, is as single-family residential use. This is consistent with the neighboring and adjoining parcels that have the R-1-6 zoning designation.
In conclusion, based on the above discussion and analysis, the highest and best use of the subject property if vacant, is as a single-family residential lot.
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) (Cont.) 7-EX-25 (REV 11/2020) 4 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] PARCELVALUATION:
The parcel requires a permanent utility easement of 1,740 square feet. The proposed easement is required for the Southern California Edison company to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures, guy wires and anchors, crossarms, wires, and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes. See Exhibit 1 for full description of the required utility easement.
Three approaches to value were considered and one was utilized to appraise the fair market value of the subject. The Sales Comparison Approach best reflects the opinion of buyers of properties like the subject and was relied upon most heavily to reach the conclusion of value. The Income and Cost Approaches were not utilized as there were no improvements impacted. Because the State’s requirement is for a partial acquisition, an analysis of damages and benefits to the remainder was made. No damages or benefits were apparent as a result of the construction and the use of the property in the manner proposed.
Due to the subject property’s lack of an active zoning designation, irregular configuration, and limited independent utility, there are few, if any, comparable open-market sales of similarly situated parcels. In such cases, the definition of Fair Market Value, as set forth in California Code of Civil Procedure Section 1263.320 which states definition of value as:
“(b), The fair market of a property taken for which there is relevant, comparable market is its value on the date of valuation as determined by any method of valuation that just and equitable.” Accordingly, the valuation of the subject property is based on an “Across the Fence” (ATF) methodology. This approach relies on the premise that the subject property derives its value from the adjacent and surrounding lands to which it is functionally related. As such, the unit value of nearby, similarly zoned and utilized properties is applied to the subject to estimate its market value.
The subject property is located within an established single-family residential area. The adjoining and nearby parcels are zoned R-1-6 and are improved with typical single-family residences supported by standard residential utilities and access. The surrounding development pattern is consistent with the R-1-6 zoning designation. The adjacent land consists of single-family residential lots ranging from 12,000 to 36,000 square feet.
As part of the appraisal process, the appraiser made several independent investigations and analyses, the results of which are contained in this report. The comparable properties used to appraise the subject were selected from sales that were investigated as being most indicative of the subject property. Market data was obtained via Fidelity National Title Company, local real estate agents/brokers, Lightbox Vision, and other realty databases and official records from city and county data. All data was analyzed and verified with parties involved in the transaction, where possible.
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) (Cont.) 7-EX-25 (REV 11/2020) 5 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] A thorough search of the market was made within the City of Tulare and the surrounding areas. A few recent sales of properties of similar zoning to the subject were found. Upon calling local real estate agents and brokers, it was discovered that the market is not very active and is considered stagnant at this time for lots similar to the subject, within Tulare County. Professional opinions of value were given. Three sales were considered and are discussed below. The sales were adjusted based on a qualitative measure of their similarity to the subject property of which the following characteristics were considered: location, lot size, zoning, utilities, topography, access, offsite improvements, and shape.
Comparable No. 1 is a 7,579 square-foot (sf) lot that was sold on 02/09/2024 for $80,500.00. It is located at 12702 First Drive in Cutler, CA and is identified as Tulare County Assessor’s Parcel Number 032-132- 010. The property consists of vacant land zoned for residential use. It is similar in zoning (Two Family Residential R-2) access, utilities, and level topography. It is slightly inferior in smaller size (7,579 sf) compared to the subject’s size of 15,978 sf, and slightly inferior with one point of access from First Drive. The comparable is inferior in location, as Cutler is smaller and less developed than Tulare, CA.
It is superior in shape and in offsite improvements which include sidewalk, curb and gutter, and streetlight. This comparable is considered superior to the subject.
Comparable No. 2 is an 8,712 sf lot that was sold on 09/24/2025 for $95,000.00. It is located at 835 N.
Hayes in Dinuba, CA and is identified as Tulare County Assessor’s Parcel Numbers 014-204-033. The property consists of vacant land zoned for residential use. It is similar in zoning (Single Family R-1-7.5), level topography, utilities, and access. It is slightly inferior in size (8,712 sf) compared to the subject’s 15, 978 sf. It is inferior in location as Dinuba is less developed and populated than Tulare, CA. It is superior in its rectangular shape and in offsite improvements which include, sidewalk, curb and gutter, and a streetlight. This comparable is considered superior to the subject.
Comparable No. 3 is a 10,890 sf lot that was sold on 04/12/2024 for $140,000.00. It is located at 1041 N. Citrus in Visalia, CA and is identified as Tulare County Assessor’s Parcel Numbers 103-380-018. The property consists of vacant land zoned for residential use. It is similar in zoning (Single Family R-1-5), lot size, level topography, utilities, and access. It is superior in its rectangular shape, in offsite improvements which include, sidewalk, curb and gutter, and streetlights, and superior in location as Visalia, CA is more developed and more populated than the subject’s location in Tulare CA. This comparable is considered far superior to the subject.
Reconciliation of Value
A thorough search of the market was made within the City of Tulare and the surrounding areas within the County of Tulare. Comparable sales are based on a range of vacant lots sizes from 7,579 sf. to 10,890 sf. The value of the subject property is reported using site value. Comparable site values range from $80,500 to $140,000. Given the subject’s lack of an active zoning designation, irregular shape, and limited independent utility, the “across the fence” (ATF) technique was utilized in the valuation of the parcel. Comparable 1 is considered most similar to the subject and was given primary consideration. Based on the analysis and reconciliation of the comparable sales, the marketsupported site value for the subject is concluded at $80,500, or $5.04 per square foot ($80,500/15,978 sf.).
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) (Cont.) 7-EX-25 (REV 11/2020) 6 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] Land:
100339-1: Easement – 1,740 sf. @$5.04*/sf. - $1.00 $8,768.60 Total Land: $8,768.60
Improvements: None
Total Improvements: $0.00
Total Land and Improvements: $8,768.60
Severance Damages: None
Total Severance Damages: $0.00
Cost to Cure: None
Total Cost to Cure $0.00
Benefits: None
Total Benefits: $0.00
Net Damages or Benefits: $0.00
Total Right of Way: $8,768.60
Rounded Right of Way: $8,800.00
CONSTRUCTION CONTRACT WORK:
No Construction Contract Work was found for Parcel 100339.
OTHER PERTINENT DATA:
N/A
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT NONCOMPLEX VALUATIONS ($25,000 OR LESS) (Cont.) 7-EX-25 (REV 11/2020) 7 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] The appraisals contained herein are confidential and have been prepared for Department use only as a step in the eminent domain process upon which to base offers of settlement and thereafter acquire said parcels by condemnation if the offer is refused.
The undersigned appraised the properties contained herein and recommend approval of this report:
Appraiser, R/W Agent
JAMES ROGGERO
Appraiser, Associate R/W Agent
MICHELLE HERNANDEZ
The undersigned has reviewed and approves this report and certifies that the requirements of the R/W Manual have been met.
Senior/Chief, Appraisal Branch
District 06 JAIB MUHAR
District Approval Date:
JUST COMPENSATION APPROVED
PER DELEGATED AUTHORITY:
$ 8,800.00
06/25/2026
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION EXHIBIT SENIOR REVIEW CERTIFICATE AND 7-EX-24A (REV 9/2020)
APPRAISAL REVIEW REPORT
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06 TUL 99 25.2/30.6 48950 31
1. I have personally viewed all subject parcels and all comparable market data and am satisfied with the relative comparability noted.
2. The highest and best use of each property, as shown in the report, is reasonable and proper.
3. Gross Income Multipliers are supported with factual data. Not applicable.
4. The Cost Approach is supported by data from recognized sources. Not applicable.
5. The Income Approach to value, including the interest rates, is supported by data from the market. Not applicable.
6. Damages, Benefits and Construction Contract Work are correct and are supported in accordance with existing instructions. Not applicable.
7. The amount listed for each parcel in the certificate is the market value amount approved or recommended for approval to govern negotiation and settlement.
8. I understand that the approved value may be used in connection with a Federal-Aid highway project.
9. I have no direct or indirect, present, or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised.
10. The amount approved or recommended for approval is not a directed amount; it was arrived at fairly, without coercion, and is based on appraisals and other factual data of record.
COMMENTS:
Parcel No. Appraised Value Damages C. C. W. Benefits
100339-1 $8,800.00 $0.00 $0.00 $0.00
Date JAIB MUHAR
Chief, Appraisal Branch
06/25/2026
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF APPRAISER
DOT RW 07-06 (REV 8/2023)
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06 48950 31
I Hereby Certify:
That I have personally inspected the property herein appraised, and that the property owner has been afforded an opportunity to be present at the time of the inspection. A personal field inspection of the comparable sales relied upon in making said appraisal has also been made. The subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in said appraisal.
That to the best of my knowledge and belief, the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to limiting conditions therein set forth.
That I understand that such appraisal is to be used in connection with the acquisition of right of way for a highway to be constructed by the State of California with the assistance of Federal-aid highway funds, or other Federal funds.
That such appraisal has been made in conformity with the appropriate State laws, Title VI of the 1964 Civil Rights Act, and regulations, policies and procedures applicable to appraisal of right of way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein.
That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the California Department of Transportation or officials of the Federal Highway Administration and I will not do so until so authorized by State officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings.
That my opinion of the total fair market value, as shown on the parcel summary sheet included in this report and made a part hereof by reference, as of the 20th day of April 2026, is $8,800.00; and that such conclusion was derived without collusion, coercion or direction as to value.
JAMES ROGGERO
Right of Way Agent
Date
05/07/2026
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF APPRAISER
DOT RW 07-06 (REV 8/2023)
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6 48950 31
I Hereby Certify:
That I have personally inspected the property herein appraised, and that the property owner has been afforded an opportunity to be present at the time of the inspection. A personal field inspection of the comparable sales relied upon in making said appraisal has also been made. The subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in said appraisal.
That to the best of my knowledge and belief, the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to limiting conditions therein set forth.
That I understand that such appraisal is to be used in connection with the acquisition of right of way for a highway to be constructed by the State of California with the assistance of Federal-aid highway funds, or other Federal funds.
That such appraisal has been made in conformity with the appropriate State laws, Title VI of the 1964 Civil Rights Act, and regulations, policies and procedures applicable to appraisal of right of way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State.
That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein.
That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the California Department of Transportation or officials of the Federal Highway Administration and I will not do so until so authorized by State officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings.
That my opinion of the total fair market value, as shown on the parcel summary sheet included in this report and made a part hereof by reference, as of the 20th day of April 2026, is $8,800.00; and that such conclusion was derived without collusion, coercion or direction as to value.
MICHELLE HERNANDEZ
Associate Right of Way Agent
Date
5/7/26
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
ASSESSOR’S PARCEL MAP
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SUBJECT PHOTO PAGE
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Looking east at the subject property. The Easement is depicted in red.
Picture is not to scale.
Looking southwest at the subject property. The Easement is depicted in red.
Picture is not to scale.
Date: April 20, 2026 By: J. Roggero
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
SUMMARY OF THE BASIS FOR JUST COMPENSATION
13 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] Three approaches to value were considered and one was utilized to appraise the fair market value of the subject. The Sales Comparison Approach best reflects the opinion of buyers of properties like the subject and was relied upon most heavily to reach the conclusion of value.
The Income and the Cost Approaches were not utilized as no major improvements were impacted. To meet the appraisal needs required for this property, a variation of the Sales Comparison Approach has been used for this special valuation. This variation is called "Across the Fence" or "ATF" valuation. It is based on the premise that the subject property derives its value from the adjacent and surrounding lands, and that the unit value of nearby, similarly zoned and utilized properties provides the most reliable indicator of value. Because the State’s requirement is for an easement, an analysis of damages and benefits to the remainder was made. There were no damages or benefits apparent as a result of the construction and use of the property in the manner proposed.
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY OF COMPARABLE DATA 7-EX-2 (REV 3/2020)
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LAND PRINCIPAL IMPROVEMENT
COMP. RECORDING UNIT AGE AREA UNIT TOTAL
NUMBER DATE ZONING AREA PRICE TOTAL YRS. m2 PRICE TOTAL PRICE 1 02/09/2024 R-2 7,579 sf $80,500.00
Site Value
$80,500.00
2 09/24/2025 R-1-7.5 8,712 sf $95,000.00
Site Value
$95,000.00
3 04/12/2024 R-1-5 10,890 sf $140,000.00
Site Value
$140,000.00
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
COMPARABLE SALES MAP
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COMPARABLE DATA
RW 7-11A (REV 08-2023)
16 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] COMPARABLE NO.: 1
TYPE OF TRANSACTION: Sale
PROPERTY LOCATION: 12702 First Dr., Cutler, CA 93615
ASSESSOR’S PARCEL NUMBER: 032-132-010
GRANTOR: Jose Barragan, married man as his sole and separate property.
GRANTEE: David Vidauri, a single man and Fortunato Viduari, a married man as sole and separate property.
SALES / LISTING DATA:
SALES DATE: 02/09/2024 RECORDING DATA
PRICE: $ 80,500.00 Book /Pg /Inst.: 2024-0006652
ADJUSTMENTS: N/A Recording Date: 02/09/2024
DTT: $ 88.55
TERMS:
DOWN PAYMENT: $40,00.00
FINANCING: $40,500 Seller take back. Must be paid at the end of 5 years @ 10% interest.
SITE DATA:
ZONING: R-2 Two Family Residential
PRESENT USE: Vacant Lot
HIGHEST & BEST USE: Single Family Residential
APPROX. DIMENSIONS/SHAPE: Rectangular, 50 feet x 150 feet PARCEL SIZE: 7,579 SF.
UNIT PRICE: N/A
IMPROVEMENTS: Sidewalk, Curb & Gutter,
ACCESS: First Drive TERRAIN: Level UTILITIES: at Street TRANSACTION CONFIRMATION:
CONFIRMED WITH: Edward Esobar, Listing Agent. Bloom Group INC. VERIFYING AGENT: J. Madrigal DATE INSPECTED: 04/20/2026
INSPECTED BY: J. Roggero, J. Madrigal
REMARKS: Spoke with listing agent Edward Escobar. He stated seller wanted to sell the property because he found and purchased another property that the grantor felt was more desirable. The sale was an armlength sale. Though the sale was a seller take back, the sale was cash equivalent to the market. Edward stated the zoning was for single-family and not commercial, even though there are small businesses across the street. The fence was not considered in the sale. This appraiser concurs with the analysis and the values expressed by the original verifying appraiser.
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
COMPARABLE DATA
RW 7-11A (REV 08-2023)
17 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] Photo Date: May 6 ,2026 COMPARABLE NO.: 1
By: J. Roggero
Assessor Map:
Picture was taken looking northwest on First Drive, observing the comparable.
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
COMPARABLE DATA
RW 7-11A (REV 08-2023)
18 ADA Notice
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TYPE OF TRANSACTION: Sale
PROPERTY LOCATION: 835 N Hayes, Dinuba, CA 93618
ASSESSOR’S PARCEL NUMBER: 014-204-033
GRANTOR: Shawn Ellis, an unmarried man and Cathy Nehf, as trustee of The Neft Family Trust under agreement dated April 16, 2024 and Samuel Dean Nehf, a married man as his sole and separate property and Jeremy James Nehf, a married man as his sole and separate property and Joseph Lynton Nehf, a married man as his sole and separate property and Peter Nehf, an unmarried man.
GRANTEE: Jesus Vargas and Maria Felicitas Vargas, husband and wife as joint tenants SALES / LISTING DATA:
SALES DATE: 09/24/2025 RECORDING DATA
PRICE: $95,000.00 Book/Pg./Inst.: 2025-0047799
ADJUSTMENTS: $0.00 Recording Date: 09/24/2025
DTT: $104.50
TERMS: Cash
DOWN PAYMENT: N/A
FINANCING: N/A
SITE DATA:
ZONING: Single Family Residential (R-1-7.5)
PRESENT USE: Vacant residential lot
HIGHEST & BEST USE: Residential
APPROX. DIMENSIONS/SHAPE: Rectangular, approx. 60 ft x 130 ft PARCEL SIZE: 8,712 sf.
UNIT PRICE: $10.90/sf.
IMPROVEMENTS: N/A
OFFSITE IMPROVEMENTS: curb and gutter, sidewalks, and streetlight ACCESS: Hayes Ave.
TERRAIN: Level
UTILITIES: Water, Sewer, and Electrical at the street.
TRANSACTION CONFIRMATION:
CONFIRMED WITH: Jacqueline Derreza, Selling Agent, Real Broker Realty VERIFYING AGENT: J. Madrigal
DATE INSPECTED: 4/20/2026
INSPECTED BY: J. Roggero, J. Madrigal
REMARKS: Confirmed details of the sale with selling agent Jacqueline Derreza. She was able to confirm the sale price, sale date, and that the transaction was at arm’s length. She noted that the sale was listed for $100,000.00 but was sold for $95,000.00. She also stated the grantors had a large parcel and divided the land into smaller parcels to sell. This appraiser concurs with the analysis and the values expressed by the original verifying appraiser.
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
COMPARABLE DATA
RW 7-11A (REV 08-2023)
19 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] Photo Date: 4/20/2026 COMPARABLE NO.:2
By: J. Madrigal
The picture is taken looking west at the comparable.
Assessor Map:
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
COMPARABLE DATA
RW 7-11A (REV 08-2023)
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TYPE OF TRANSACTION: Sale
PROPERTY LOCATION: 1041 N Citrus, Visalia, CA 93292
ASSESSOR’S PARCEL NUMBER: 103-380-018
GRANTOR: Hector Gonzalez and Olga Gonzalez, husband and wife as joint tenants GRANTEE: Rishard Bueno, Jr, an unmarried man
SALES / LISTING DATA:
SALES DATE: 0 4/12/2024 RECORDING DATA
PRICE: $140,000.00 Book/Pg./Inst.: 2024-0016374
ADJUSTMENTS: $0.00 Recording Date: 04/12/2024
DTT: $154.00
TERMS: Cash
DOWN PAYMENT: N/A
FINANCING: N/A
SITE DATA:
ZONING: Single Family Residential (R-1-5)
PRESENT USE: Vacant residential lot
HIGHEST & BEST USE: Residential
APPROX. DIMENSIONS/SHAPE: Rectangular, approx. 75 ft x 140 ft PARCEL SIZE: 10,890 sf.
UNIT PRICE: $12.86/sf.
IMPROVEMENTS: N/A
OFFSITE IMPROVEMENTS: curb and gutter, sidewalks, and streetlight ACCESS: Citrus Ave.
TERRAIN: Level
UTILITIES: Water, Sewer, and Electrical at the street.
TRANSACTION CONFIRMATION:
CONFIRMED WITH: Kevin Gilbert, Listing Agent, Reality In Motion, INC VERIFYING AGENT: J. Madrigal
DATE INSPECTED: 4/20/2026
INSPECTED BY: J. Roggero, J. Madrigal
REMARKS: Confirmed details of the sale with listing agent Kevin Gilbert. He was able to confirm the sale price, sale date, and that the transaction was at arm’s length. He stated the buyer wanted to buy the property to build a house to sell. The property was on the market for 3 months. Since the sale, the grantee has built a house on the property. This appraiser concurs with the analysis and the values expressed by the original verifying appraiser.
STATE OF CALIFORNIA y DEPARTMENT OF TRANSPORTATION
COMPARABLE DATA
RW 7-11A (REV 08-2023)
21 ADA Notice
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 771, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected] Photo Date: 4/20/2026 COMPARABLE NO: 3
By: J. Madrigal
The picture is taken looking west at the comparable. The comparable was vacant at time of sale.
Assessor Map:
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
APPRAISAL TERMS AND DEFINITIONS
ADA
Notice
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Benefit to Remainder
Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken. [California Code of Civil Procedure §1263.430] Comparable Sales
When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and circumstances of any sale or contract to sell and purchase comparable property if the sale or contract was freely made in good faith within a reasonable time before or after the date of valuation. In order to be considered comparable, the sale or contract must have been made sufficiently near in time to the date of valuation, and the property sold must be located sufficiently near the property being valued, and must be sufficiently alike in respect to character, size, situation, usability, and improvements, to make it clear that the property sold and the property being valued are comparable in value and that the price realized for the property sold may fairly be considered as shedding light on the value of the property being valued. [California Evidence Code §816]
Damage to Remainder
Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following:
(a) The severance of the remainder from the part taken. (b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken. [California Code of Civil Procedure §1263.420]
Easement
The right to use another’s land for a stated purpose. [The Dictionary of Real Estate Appraisal, 6th ed. Appraisal Institute]
Fair Market Value
(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for doing so, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
(b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. [California Code of Civil Procedure § 1263.320]
Fee Simple
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police powers and escheat. [The Dictionary of Real Estate Appraisal, 6th ed. Appraisal Institute]
Highest and Best Use
The reasonably probable use of property that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. [The Dictionary of Real Estate Appraisal, 6th ed. Appraisal Institute]
STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
APPRAISAL TERMS AND DEFINITIONS
ADA
Notice
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Improvements Pertaining to the Realty
(a) “Improvements pertaining to the realty” include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation.
(b) In determining whether particular property can be removed “without substantial economic loss” within the meaning of this section, the value of property in place considered as a part of the realty should be compared with its value if it were removed and sold. [California Code of Civil Procedure 1263.205] Larger Parcel
“In governmental land acquisitions”…” the tract or tracts of land which are under the beneficial control of a single individual or entity and have the same, or an integrated, highest and best use. Elements for consideration by the appraiser in making a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use”. [The Dictionary of Real Estate Appraisal, 6th ed. Appraisal Institute]
Remainder
“In condemnation, that portion of a larger parcel remaining in the ownership of the property owner after a partial taking.” [The Dictionary of Real Estate Appraisal, 6th ed. Appraisal Institute] Unit Rule
“In condemnation appraisal, a valuation rule with two aspects, the first dealing with ownership interests and the second dealing with physical components. The first aspect of the rule, also referred to as the undivided fee rule, requires that property be valued as a whole rather than by the sum of the values of the various interests into which it may have been carved (such as lessor and lessee, life tenant and remainderman, and mortgagor and mortgagee, etc.). This is an application of the principle that it is the property, not the interests, that is being acquired.
The second aspect of the rule is that different physical elements or components of a tract of land (such as the value of timber and the value of minerals on the same land) are not to be separately valued and added together.” [The Dictionary of Real Estate Appraisal, 6th ed. Appraisal Institute] STATE OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
APPENDICE
ADA
Notice
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
VALUATION METHODOLOGY
APPROACHES TO VALUE
In the valuation of the subject property, three traditional approaches have been considered. The approaches are the Cost, Sale Comparison, and Income Capitalization Approaches. In appraisal practice, an approach to value is included or omitted based on its applicability to the property being valued and the quality of information available. Our final estimate of stabilized value considers the result of each approach in this report.
COST APPROACH
A set of procedures in which an appraiser derives a value indication by estimating the current cost to reproduce or replace the existing structure, deducting for all accrued depreciation in the property, and adding the estimated land value. (The Dictionary of Real Estate Appraisal, Page 75.) The first step in the Cost Approach is to estimate the land value for the subject property. The estimate is made by an analysis of comparable land sales. The second step is to estimate the replacement or reproduction costs of all improvements. Improvement costs are then depreciated to reflect value loss from physical, functional, and external causes. The depreciated improvement costs are then added to the land value to produce a value indicator by the Cost Approach.
SALES COMPARISON APPROACH
A set of procedures in which an appraiser derives a value indication by comparing the property being appraised to similar properties that have been sold recently, applying appropriate units of comparison, and making adjustments, based on the elements of comparison, to the sales price of the comparables. (The Dictionary of Real Estate Appraisal, Page 268.)
The Sales Comparison Approach to value uses sales of comparable properties, adjusted for differences, to indicate a value for the subject property. Valuation is often accomplished using a physical unit of comparison such as a price per square foot, or an economic unit of comparison, such as a gross rent multiplier. Adjustments are applied to the physical units of comparison derived from the comparable sales and then the units of comparison are applied to yield a value indicator for the subject property. No adjustments are made to economic indicators of value.
INCOME CAPITALIZATION APPROACH
The approach can take either or both of the following formats:
Direct Capitalization: The capitalization method used to convert an estimate of a single year’s income expectancy or an annual average of several years’ income expectancies into an indication of value in one step, either by dividing the income estimate by an appropriate rate or by multiplying the income estimate by an appropriate factor. (The Dictionary of Real Estate Appraisal, Page 93.) Yield Capitalization: A Capitalization method used to convert future benefits to present value by discounting each future benefit at an appropriate yield rate or by developing an overall rate that reflects the investment’s income pattern, value change, and yield rate. (The Dictionary of Real Estate Appraisal, Page 331.)
RECONCILIATION
It is the last step of any valuation assignment in which two or more value indicators derived from market data are resolved into a final value estimate, which may be either a final range of value or a single point estimate. (The Dictionary of Real Estate Appraisal, Third Edition, Page 296.)
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
APPRAISAL MAP INDEX
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
APPRAISAL MAP
tul099pm027_62c_am
STATE OF CALIFORNIA-------CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
DEPARTMENT OF TRANSPORTATION
DISTRICT 6
2015 E. SHIELDS, SUITE 100
FRESNO, CA 93726
PHONE (559) 977-9967
TTY 711
www.dot.ca.gov
[email protected]
Making Conservation a
California Way of Life
July 6, 2026
INCENTIVE PAYMENT PROGRAM
City of Tulare
East of State Route 99 and
North of E. Foster Dr.
Tulare, CA 93274
FILE: 06-TUL-99-PM 25.2/30.6
Parcel No: 100339
Project ID: 0614000040
E.A.: 48950
Re: Acquisition – Incentive Payment Program
The California Department of Transportation (Caltrans) is participating in an Incentive Payment Program approved by the Federal Highway Administration under 23 CFR 710.203(b)(2)(ii). This program encourages the expeditious acquisition of real property and allows a ten percent (10%) increase of the appraised value.
The appraised value for area to be acquired for Parcel 10033 is $8,800.00 Incentive Payment at ten percent (10%) increase of the appraised value is $880.00. However, a minimum payment of $1,000.00 for the Incentive Payment Program has been established.
Therefore, the appraised value of $8,800.00, in addition to the incentive payment of $1,000.00, increases the acquisition offer to $9,800.00.
The State’s offer of $9,800.00 is valid for sixty (30) days and expires on August 6, 2026. As of August 7, 2026, the State’s offer will revert to appraised value of $8,800.00.
If you have any questions, contact me at (559) 977-9967 or e-mail:
[email protected]
Sincerely,
Samantha Trujillo
Samantha Trujillo
Right of Way Agent
Acquisition Unit
ORIGINAL
OCCUPANCY CERTIFICATION
Parcel No.: 100339 Grantor: City of Tulare
Co-Rte-PM: TUL-99-25.2/30.6 Property: East of State Rte 99 and North of E. Foster Dr in Tulare, CA E.A.: 48950 A.R. No.: 31
R/W Contract:
Date of First Written Offer: Date of Recording FOC:
Service of O.P.
Names of
Occupants Address Rent
Rate
Date First
Occup’d
Persons in Family # of Rooms Init. Of
Agent
Delivering
RAP Info.
# of Ages of
Children Furnished by:
Adults Boys Girls Grantor Tenant
I hereby certify the occupancy information is correct as of this date.
I understand that tenants in occupancy, if any, will now be contacted in Accordance with Federal and State Government Rules and Regulations.
Owner’s Signature Date
RELOCATION PAYMENT CERTIFICATION
I have personally verified the tenancies above and certify that they are eligible for Relocation Assistance Payments as defined by, and in accordance with Title 21, Chapter 2, Sub-Chapter 2 of the California Administrative Code.
Date Right of Way Agent (Acquisition)
Date Right of Way Agent (RAP)
Item #: 7.9
Consent
Staff Report
City Council
Date: July 21, 2026
Department: Information Technology Services
Submitted by: Jason Bowling, Deputy City Manager / Chief Technology Officer Agenda Title: Consulting Services for Land-Use/Permitting System Replacement
RECOMMENDED ACTION
Approve a Professional Services Agreement with Plante Moran in the amount of $238,250 ($149,990 for core services, and $88,260 for optional services) for consulting services related to the implementation of a new land use/permitting system (RFP 26-850), subject to minor and clarifying changes approved by both the City Attorney and the City Manager; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($23,825).
ALIGNMENT WITH STRATEGIC PRIORITIES
Housing and Community Development
SUMMARY
Current State
The City currently uses Tyler Technologies’ Eden System as the primary system for tracking land use related activities including land use entitlements, building permits and inspections, code enforcement, and business license. Eden has been sunset by the manufacturer and will no longer be supported beyond March 2027. Tyler Technologies offers a viable alternative through their “evergreen” philosophy program.
Business Process Design
The Eden land use/permitting system was were installed in 2011. Since then, the City has grown significantly. Technological capabilities have also significantly increased. So much has changed that is important for the City to review business processes to ensure they are customer-friendly, consistent, efficient, and represent industry standard, prior to selecting a new land use/permitting system. Reviewing current business processes, identifying desired changes, and developing new system requirements will help the City select the best software solution and ensure a successful transition.
Relationship to the EERP Project
In June 2023, City Council approved the 2023-2025 Capital plan that included project IT2023-02 for Phase 1 of the Finance System Replacement using American Rescue Plan Act (ARPA) funding. Phase 1 consisted of Core financials and HR/payroll which are completed, as well as Utility Billing which is currently underway. The 2023-2025 Capital plan, and the Fiscal Year 2026 Budget, also included project IT0054, Phase 2 of the Finance System Replacement, for the land use/permitting system replacement.
Current Task
On April 28, 2026, the City issued RFP 26-850 seeking proposals for consulting services related to the implementation of new land use/permitting system. A total of nine proposals were received and evaluated by staff from Planning, Building, Information Technology, and the City Manager's office. Four finalists were selected for remote interviews, after which the committee designated Plante Moran as the topranked proposer.
The consultant will review and document current state business processes and help design future state business processes related to the land use/permitting system, develop system replacement requirements, and potentially create an RFP. There are also additional optional components of this contract, which may be utilized if the City elects to go through an RFP process to select new software.
Optional components include a structured process for proposal evaluations, as well as contract negotiation support. Project management of the future software implementation was included as an option in the RFP but is not included in this current scope. If it is determined any of these optional tasks are needed, staff will bring a subsequent item to Council for consideration.
FISCAL IMPACT & FUNDING SOURCES
Total maximum cost including contingency funding is $262,075. Sufficient funding is available in capital project IT0054.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
POTENTIAL CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
LEGAL REVIEW
The final Professional Services Agreement will be reviewed 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. Professional Services Agreement
Reviewed/Approved: MM
CITY OF TULARE
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into as of xxxx between the City of Tulare, a California charter city ("City") and Plante Moran, a professional Limited Liability Company of Michigan ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement.
RECITALS
The City of Tulare desires to obtain services for a Consulting services related to the implementation of a new Landuse/Permitting system per RFP-26-850 ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.
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.
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:
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.
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.
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 April 15th 2027 for the completion of the services in the Core workplan Phases as outlined on Page 68 of Exhibit A (“Completion Date”). Additionally, there are optional workplan phases that, at the sole discretion of the city can be added to the scope of work through issuance of a separate purchase orders for phases D and E shall be completed by Oct 1, 2027 (“Extended Completion Date”). This Agreement may be terminated prior to the Completion Date or Extended Completion Date pursuant to Section 14 herein.
Payment for Services. As sole compensation for the performance of Services, City hereby agrees to pay Consultant monthly for services rendered to City pursuant to this Agreement on a fixed fee basis according to the rates of compensation as set forth in Exhibit A. The total amount paid by the City to Consultant for Services for the Core Work Plan Phases as outlined on page 68 of Exhibit A, shall not exceed One-hundred and forty-nine thousand nine hundred and ninety dollars ($149,990). Additionally, there are optional work plan phases that, at the sole discretion of City and be added to the scope of work through the issuance of a separate purchase orders for phases D and E for an additional eighty-eight thousand two hundred and sixty dollars ($88,260) for a total maximum compensation of Two-hundred thirty eight thousand two hundred and fifty dollars ($238,250). The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Consultant will receive no royalty or other remuneration for the production or distribution of any products developed by City or by Consultant in connection with, or based upon, Services. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to the City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by the City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain: a brief description of services performed; the date Services were performed; and the number of hours spent, rate, and by whom. Any such invoices shall be in full accord with any and all applicable provisions of this Agreement. City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant.
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.
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.
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.
Power to Act on Behalf of the City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
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.
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.
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.
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.
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.
Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
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.
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.
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.
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.
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.
Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.
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, to the extent caused by the negligent acts, errors, or omissions of Consultant or its subcontractors in the performance of Services to the fullest extent permitted by law, unless the injuries or damages are the result of the City's gross 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.
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.
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 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.
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.
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.
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.
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.
Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Tulare, California. Consultant shall perform Services required under this Agreement in the County of Tulare, California.
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.
Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
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.
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.
Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
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 nonperformance 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.
NOW, THEREFORE, City and Consultant have executed this Agreement on the date(s) set forth below:
CONSULTANT LEGAL NAME CITY OF TULARE
Mark Warner, Partner Marc Mondell, City Manager
APPROVED AS TO FORM ATTEST
Mario Zamora City Attorney Melissa Wilcox, City Clerk
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 2
Count on us.
CITY OF TULARE, CA
Services related to the implementation of a New
Land-use/Permitting system Proposal
MAY 26, 2026
Exhibit A – RFP Response
by Plante Moran
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 3
Table of contents
A. Cover Letter ................................................................................................................... 4 B. Project Proposal ..........................................................................................................11 C. Timing.............................................................................................................................40 D. Personnel.......................................................................................................................42 E. Subconsultants..............................................................................................................50 F. Organizational Chart ...................................................................................................52 G. References.....................................................................................................................54 H. Contract Terminations ...............................................................................................59 I. Conflict of Interest Disclosure....................................................................................61 J. Pricing Methodology....................................................................................................63 K. Pricing.............................................................................................................................67 L. Deviations from the RFP.............................................................................................69
7.1 Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 4
A. Cover Letter
May 26, 2026
City of Tulare
411 E Kern Avenue
Tulare, CA 93274
Dear Evaluation Team,
Thank you for the opportunity to submit our proposal for Services related to the implementation of a New Land-use/Permitting system to City of Tulare, CA (“the City”). We’re excited for the chance to work with the City on this crucial project.
We appreciate the City’s consideration in partnering with Plante Moran to fulfill its business goals. Plante Moran’s team brings relevant insights and experience to support the disciplines involved in the land development review process. We are pleased to offer a strong track record of experience serving public sector clients to align people, processes, and technologies, including strong experience assisting clients in evaluating, selecting, and implementing modern permitting and land management systems.
We understand the City needs to assess and select a sustainable, future-focused software solution to support its service delivery and replace the City’s existing Tyler Eden solution. As a client of Plante Moran, we are pleased to offer the following advantages to the City:
Credentialed and Proven Team: Our proposed consultant team is well versed in land development and permitting processes and possesses relevant credentials in Lean Six Sigma, PMI® Project Management (PMP), Urban Planning (AICP), and Change Management (CCMP and Prosci®).
Relevant Public Service Experience: Our proposed
project team comprises professionals with public
service and consulting experience. Our team’s
experience profile includes urban planning,
architecture, planning commissions, zoning code
enforcement, GIS services/systems, flood
management, and regulations. We are pleased to
highlight a few of our clients for whom we have
provided services aligned with the scope of services
outlined in this proposal letter:
City of Cupertino, CA
City of Concord, CA
City of Daly City, CA
City of Ontario, CA
Palm Beach County, FL
City of Mountain View, CA
City of San Mateo, CA
City of Sunnyvale, CA
City of South San Francisco, CA
County of Marin, CA
Eastern Municipal Water District
Irvine Ranch Water District
Professional Association Involvement for Advancing Government Service: Our firm is actively participating in and supports organizations, including the American Planning Association (APA), International Code Council (ICC), California Society of Municipal Finance Offices (CSMFO), Municipal Information Systems Association of California (MISAC), International Code Council (ICC), and Building “When leaders from other cities ask me
about Plante Moran, I always
recommend them. They have a proven
track record and offer support and fresh
perspective at every turn.”
Rich Lee, Assistant South San Francisco,
CA (Former Finance Director, City of San
Mateo, CA)
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 6
Officials Association of Florida (BOAF). We are also active in other national and local organizations dedicated to improving local government operations, including GFOA, ICMA, PTI, and GMIS.
Relevant Vendor Marketplace Knowledge as Unbiased Advisors: We proactively meet with 30+ public sector software vendors and solution integrators to ensure our clients are well-informed buyers as they evaluate, implement, and optimize vendor solutions. We are pleased to feature over 20 local government client experiences involving land development processes and systems in our proposal. This includes significant experience evaluating, defining integrations, and implementing Tyler EERP, EnerGov/EPL, Tyler Cashiering, Tyler Utility Billing, and Tyler Service Request Management and competitor land management solutions from Clariti, Accela, OpenGov, CitizenServe, iMS, and others.
Operations and Management Experience: Our proposed team blends technology and municipal operations knowledge with seasoned management consultants to work on this important initiative. We are ready to begin this project within 30 days and have no known conflicts of interest.
Additionally, as requested in the City’s RFP, please see the requested information below:
• Proposer’s Full Legal Name: Plante & Moran, PLLC
• State of Incorporation: Michigan
• Proposal Letter Timeline: We are confirming this proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal.
• Background, size of the organization, years in business, and other general information: Included in “Firm Overview” following this section.
• Office Locations: Included in “Office Locations” following this section. • Confirmation that the proposer has read and will comply with all terms and conditions of the RFP and summarize the understanding of the work to be done and ability to perform it: We are confirming we have read all key terms and conditions of the RFP, having proposed minor exceptions in Section L which we will review and negotiate in good faith with the City. We understand the work to be completed and are able to perform it. See “Statement of Understanding” following this section for our detailed explanation of our understanding of the project. We are able to perform the work proposed in this RFP response.
We look forward to collaborating with you and your team. We’ll contact you soon to answer any questions you might have.
Sincerely,
Plante & Moran, PLLC
Mark Warner, Engagement Partner
248-223-3799 | [email protected]
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 7
Firm overview
For more than 100 years, we’ve provided our clients with advisors, ideas, and breakthrough strategies they can count on.
We are among North America’s largest accounting, tax, consulting, and wealth management firms. Our firm specializes in financial, compliance, human capital, operations improvement, strategic planning, technology selection and implementation, and wealth management services.
Fast facts
1924
Year founded
4,500+
Staff
400+
Partners
34 Offices worldwide
50 States with clients
150+
Countries where
we’ve served clients
45+
Services available
25+
Industries served
Plante Moran U.S. office locations
Plante Moran has a proven track record of serving California public agencies, local, and state governments by delivering onsite and remote services. Our references will attest to the in-person presence we have on engagements enabling us to bring the expertise in the appropriate format to ensure project success.
U.S. locations
Broomfield, CO
Denver Tech Center, CO
Fort Collins, CO
Chicago, OH
Schaumburg, OH
Wakefield, MA
Ann Arbor, MI
Auburn Hills, MI
Detroit, MI
East Lansing, MI
Flint, MI Grand Rapids, MI
Kalamazoo, MI
Macomb, MI
Southfield, MI
Traverse City, MI
New York City, NY
Cincinnati, OH
Cleveland, OH
Columbus, OH
Toledo, OH
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 8
Statement of understanding
We understand that the City of Tulare is looking for a dedicated consultant to with the with City Development Services team and other Departmental stakeholders to support the City’s solution replacement project, resolve key business challenges, foster growth and improvement, and minimize technical barriers in the current processes and land use system replacement.
We understand the City’s Community Development Department consists of three divisions that perform various functions in service of its residents and businesses including construction standards enforcement, permits, code compliance, providing professional advice and service to the Planning Commission and other City agents related to planning and zoning, and administering housing programs.
Additionally, we understand the Community Development Department currently utilizes Tyler Eden to perform many of the core functions conducted by its divisions. Tyler Technologies has announced an end-of-support date for Eden in March 2027, and as such the City is seeking to procure a replacement land-use software system to provide a modern, citizen-friendly digital resource to efficiently and effectively manage development regulations to be responsive to economic growth.
We recognize that the City has implemented Tyler EERP for its Finance and HRM/Payroll needs and is in the process of implementing Tyler Utility Billing. We also understand the City is also utilizing Tyler Cashiering for in-person receipting transactions, and the chosen land-use system will need to have a robust integration to this software. Plante Moran’s experience evaluating these Tyler products will provide the City with a deep perspective on how effective these systems integrate and are managed.
To meet these needs, the City seeks to retain the services of an experienced consulting advisor to facilitate the needs assessment and selection of a system that will achieve recommended outcomes, including:
• Perform a comprehensive evaluation of current business processes and software requirements via interviews with stakeholders and review of documentation. • Analyze existing software systems, including integrations to Tyler Eden, and business processes to identify findings and areas for potential improvements. • Assess tools, data, and reporting capabilities for compliance with regulatory requirements. • Develop a structured document highlighting key issues, opportunities for improvement, and user needs for future functionality.
• Identify requirements for future systems and provide actionable recommendations for addressing findings that were identified and optimizing processes. • Develop a Request for Proposals (RFP) that includes requirements, scope of work, implementation needs, and evaluation criteria and promotes fair competition, transparency, and the procurement of a solution that most closely aligns with City and stakeholder needs. • Support proposal evaluation, including ensuring compliance with RFP requirements. • Coordinate and participate in proposer interviews and demonstration, aiding in developing agendas that contain desired functional, technical, and operational requirements. • Facilitate the final decision-making process and award recommendation.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 9
• Provide guidance and support to the City as it negotiates contract terms with the selected vendor(s) and review all proposed contract language, service level agreements, deliverables, timelines, warranties, and pricing so that the City’s interests are protected. • Develop a detailed software implementation plan that includes timelines, milestones, resource allocation, and risk management strategies.
• Coordinate implementation activities and manage alignment between City stakeholders, vendor teams, and leadership to meet project goals.
• Monitor progress of the implementation, track deliverable completion, manage issues, and provide regular status reports to leadership to ensure the project achieves desired outcomes.
Plante Moran understands that proposers will be evaluated based on the responsiveness, organization, and clarity of the submitted proposals, as well as our experience with similar engagements, qualifications of proposed staff, demonstrated understanding of the City’s needs, cost proposal, and quality of references. Our experience conducting similar projects with municipal California clients, using a proven methodology, and our qualified staff of practitioners will create a successful partnership with the City.
Proposed in-scope process areas
We understand the following areas to be included in the project scope based on our understanding of the City’s RFP 26-850 and Addendum #1. These scope areas have been included in the project pricing estimate provided with our responses. We can adjust these scope areas during project negotiations with the City to best meet the City’s needs.
Function Department Process/Scope area
Addressing − Community
Development
− New address request
− Address changes
Building permitting − Community
Development
− Application intake
− Plan review (by discipline)
− Inspections (by discipline)
− Final approval (certificates of completion, use, occupancy) − Conditions of approval
Code Enforcement − General
Services
− Code enforcement inspection
− Administrative enforcement hearing process
− Orders for enforcement
− Abatement
− Liens / assessments for fine recovery
Housing − Community
Development
− Home occupations
Engineering − Engineering − Application intake
− Application review
− Public Works inspections
− Final approval
Licensing − Community
Development
− Apartment licenses
− Contractor licenses
− Special licenses
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 10
Additionally, we understand based on the RFP’s and the City’s issued addendum #1 that the following processes/functions are deemed out of the scope for the project. Animal Licenses
Short-term rentals
Rental housing registry
Process definition/process mapping for Tobacco Retailer Licenses Function Department Process/Scope area
− Transit Occupancy Tax
− Tobacco Retailer licenses
− Cannabis licenses
Business Licensing − Finance − Business licenses
Planning − Community
Development
− Preliminary review and Q&A (entitlement)
− Application intake
− Application review
− Internal review boards
− Application administrative approval
− Application board approval
− Long-range planning application
− Special event applications
Stakeholder
feedback as it relates
to the scope areas
mentioned above
− Multiple − Finance
− HRM/Payroll
− Information Technology
− Utility Billing
− External stakeholder feedback
Other in scope
considerations as
they relate to the
scope areas
mentioned above
− Community
Development/
− Information
Technology
− Administration and application of fees for the above processes − Future online web portal
− Future Tyler Cashiering interface
− Future general ledger interface
− Future parcel manager
− Future trusted system integration (for supporting documents) Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 11
B. Project Proposal
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 12
Relevant consulting experience for your project
Over the past 30 years, we’ve worked with more than 200 governmental organizations on enterprise technology projects. This includes several land and regulatory management permitting projects involving planning, building, utilities, special events, and natural resources.
Our governmental clients are
served by professionals who
have made the public sector a
focus of their careers.
Our team brings significant
experience in conducting
process mapping, redesign and
technology needs assessments
We have walked in our client’s shoes by working as
practitioners working to administer community
development and land management processes. Our
proposed team has experience serving on planning
commissions, as planning consultants, as GIS
professionals, as land use planners and building
services professionals, and working with Land
Management Systems, Enterprise Asset Management,
Utility Billing Systems, and Enterprise ERP Systems.
Professional affiliations of our proposed project team
include: Project Management Professional, American
Institute of Certified Planners, American Institute of
Architects, and International Code Council.
The proposed consultants offer practice knowledge
and experience gained in working with governmental
clients and in government service to conduct
business process optimization/mapping, technology
assessment, software selection, and
process/technology solution implementations. Our
engagement team combines land management and
municipal operations knowledge with seasoned,
management consultants to deliver the expected
outcomes from this process improvement and
process mapping initiative. We will employ change
management strategies to promote acceptance and
overall project success.
Experience and expertise
Improving the digital customer experience throughout the permitting and land management journey should be a top priority for communities, given the potential for a significant return on investment. To support these goals, our public services delivery team enables communities to assess, optimize, and elevate their ability to serve the public by realizing the benefits of digital transformation. We bring firsthand experience working in the following departments and disciplines:
Enterprise
resource planning
Human capital
management
Enterprise asset
management
Utility billing and
collection
Mass appraisal
and tax billing
Land management
systems
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 13
Vendor marketplace knowledge
Over the course of our decades of experience in this space, our firm has built an in-depth understanding of the municipal software marketplace. This includes enterprise permitting and land management software (LMS) solutions. We actively evaluate and engage municipal permitting and land management vendors to understand their services and delivery models.
We are completely vendor independent. We help our clients assess, select, and optimize technology solutions with an objective perspective.
Our Vendor Liaison Program (VLP) accelerates our organizational awareness of vendor capabilities and differentiators. Through the VLP, we also develop relationships with public sector software vendors in the following areas:
− Analytics and business intelligence
− Robotic process automation
− Enterprise content management
− Enterprise resource planning
− Asset management
− Cash receipting
Industry involvement and leadership
Within the industry, we’re recognized as experts in this area and share our perspectives via presentations for and participation in professional associations including ICC affiliated organizations.
Your team’s Community Development presentations
Optimize vs. Replace: Access Today’s Technologies Without Replacing Your Permitting System
Setting the Stage for Successful Technology Implementation Strategies to Promote Digital Equity in the Planning Process Benefits of Adopting IAS Accreditation and How IAS Accreditation is Achieved Unlocking Value from Your Permitting Technologies: Integration, People, Process, and AI Setting the Stage for Successful Technology Implementation Your team’s service delivery insights
We deliver our industry perspectives and other thought leadership via CPE-approved webinars and publications at no additional cost. Sign up for our insights at plantemoran.com/subscribe.
Five benefits to expect
from a permit agency’s
digital transformation.
Creating a digital
permitting and licensing
customer experience
score card.
Using AI in local
government to power
community
development.
LEARN MORE LEARN MORE LEARN MORE
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 14
California public sector industry perspective
Experience responding to California’s unique needs
Our California clients in face challenges specific to the unique economic, social, and governmental conditions impacting the efficiency and effectiveness of service delivery including:
Staffing: Organizations in California face unique staffing challenges, especially when aligning technology and operations roles with job duties.. As part of an approach to help you achieve a successful outcome, we can review your specific staffing environment, provide strategies to mitigate risks, and formulate plans for successful staffing throughout your key projects.
California’s regulatory environment: California’s laws and regulations mandate a unique set of requirements that other states don’t need to meet. Our team has experience working with existing state and local requirements and helping clients prepare for future regulations as part of their long-term plans.
Local needs within a national context: Because we’ve served public sector clients across California, our team is deeply familiar with the spectrum of various local needs experienced by different communities, and how your neighbors respond to those scenarios. Using lessons learned from both our local and nationwide client experience, we’ll design customized and actionable solutions for the City.
Securing the right relationships to support strong project outcomes: Our existing relationships with clients and vendors in the California marketplace strengthen our understanding of the business and regulatory trends occurring in the state. These ongoing lines of communication enable us to advocate for our clients’ needs in the vendor marketplace. As a result, we can connect you with other organizations tackling similar needs to collaborate on solutions as appropriate.
Plante Moran’s California Industry involvement
Our participation and involvement in California's state and local professional organizations keep us current with industry and regional issues and trends relevant to the City. Our professional staff participate in the following organizations:
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 15
Plante Moran’s California public sector clients
Below is a representative (not all-inclusive) list of our public sector consulting clients in California and a summary of the consulting services we have provided.
Legend of services
Application consulting Operations, process, and policy
Technology assessment, strategy, and
modernization Internal controls and enterprise risk
Cybersecurity Organizational change management
Business analytics Additional services
CLIENT
GOVERNMENT
City of Alameda
City of Berkeley
City of Concord
City of Cupertino
City of Daly City*
City of Long Beach
City of Milpitas
City of Mountain View
City of Ontario*
City of Palo Alto
City of Petaluma
City of Pomona*
City of San Mateo
City of Santa Barbara
City of Santa Maria
City of South San Francisco
City of Sunnyvale
City of Ventura
City of West Sacramento
County of Marin
County of Monterey
County of Orange
County of San Bernardino
County of San Diego
County of Sonoma
* Designates client reference
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Plante Moran’s Land Management Permitting Clients
The summary of Plante Moran’s land management/permitting process and system improvement engagements from the past several years is provided below with significant focus in California.
Client name Project title Project date
City of Mountain View, CA Land Management System Needs Assessment and System Selection Advisory Services
2025 - ongoing
Irvine Ranch Water District, CA Permitting System, CIS System, and ERP System Selection & Advisory Services
2025 – ongoing
City of Marco Island, FL Permitting System Assessment and Optimization Services 2023 – 2024 City of Daly City, CA* Economic & Community Development Department Business and Technical Process Assessment & Advisory Services 2024 - ongoing Eastern Municipal Water
District, CA*
Development Services Management System Assessment and
System Selection Services
March 2022 - July 2024
County of Seminole, FL Permitting Software Needs Assessment & Selection 2021-2025 City of South San Francisco, CA ERP System Selection (Permitting, Planning, Code) 2023-2024 City of Doral, FL Software (Tyler EnerGov/EPL) Stabilization Services 2021-2025 City of Cape Coral, FL Community Development Software Assessment Services including EnerGov EnerGov/EPL Stabilization 2022
Village of Arlington Heights, IL* ERP System Assessment, Selection, and Implementation Advisory Services (Permitting, Code Enforcement, Utilities) 2019-2024 Collier County, FL Mapping & Documentation of Core Business Processes – Growth Management Department: Development Services 2018 – 2019 City of West Palm Beach, FL Development Services Assessment/Implementation Strategy 2017 –2023 City of Sunnyvale, CA Permitting System Business Process Analysis & Enterprise Land Management System Selection Services 2017 –2019
City of Bend, OR Community Development Business Process Review Services 2017 – 2017 Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 17
Our approach
Community development as a function involves the effective coordination of cross-departmental, multidisciplinary, and multi-jurisdictional teams of professionals. These teams must coordinate their review/inspection activities to equitably enforce standards protecting public safety, health, and welfare in accordance with established local, state, and federal statutes.
The applicant’s journey
During this project, we’ll base the design of our discovery and analysis procedures on the following four stages of the applicant’s journey through the development life cycle:
Structured discovery process
We’ll utilize our library of tools to facilitate discussion with your team. Our approach centers around evaluating each step of the current state workflow. We evaluate development review processes using proven project and change management methodologies — like Lean Six Sigma and Prosci® Change Management — adapted to customer
service delivery. Our approach will
generate increased productivity,
efficiency, and service delivery for
the City. We’ll strengthen
accountability, performance, and risk
mitigation tactics impacting the
predictable performance of
applicants, stakeholders, and staff
who collaborate to achieve their
respective goals.
360-degree view of business
processes integrated with
systems of record
We value the integration of processes that provide a complete, 360-degree view of land management, spanning many systems of citizen engagement and record. For that reason, our approach links the City’s systems to the processes associated with typical community planning. Our clients benefit from our extensive knowledge and experience our staff bring from similar prior projects. We’re experts in evaluating land management systems (LMS) that are integrated with enterprise asset management (EAM), utility billing, enterprise resource planning, and other related systems.
Change management strategies
Change management strategies promote acceptance of the system and process changes associated with the new technology. Every enterprise system upgrade, integration, or replacement involves a degree of change that affects the entire organization. For that reason, we’ve embedded change management activities within our project methodology to manage change readiness throughout the duration of the project.
ENTITLEMENT PERMITTING CONSTRUCTION OCCUPANCY/USE
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 18
Project workplan
Phase A: Current state analysis and documentation
A.1 Conduct project initiation
During this meeting, we will introduce the project team, finalize the project scope, and review anticipated project deliverables and timetables. We will discuss with you which City team members should attend this session.
Deliverables: Project initiation meeting
A.2 Define project organizational structure
We will work with the City’s project management team to design a project organizational structure that meets the overall needs of the City. As a standard practice in our engagements, we employ a very collaborative approach for a high probability of success.
During the early stages of the project, we suggest creating a cross-functional group of representatives to serve as the Project Steering Committee. This group should represent staff who are accountable for outcomes directly related to the project. The Project Steering Committee will be involved in all aspects of the project. Following the initial interviews, we will refine the project organizational structure to increase the probability of long-term project success within the City.
Deliverables: Project governance structure and project management plan A.3 Develop project charter
The project charter will outline the project goals and objectives, scope areas, key project milestones, and project roles and responsibilities. This document is intended to outline the City’s sponsorship’s expectations for the City staff’s participation in the project and advancement of project goals. The project charter will be provided to the City for review and approval prior to commencing project activities. Project sponsorship’s approval will serve as an expression of project endorsement and confirmation of the City project governance requirements to be fulfilled.
Deliverable: Project charter document
A.4 Establish project collaboration center
Collaboration environments such as Microsoft SharePoint have become increasingly valuable tools to centralize project resources for small, mid-size, and large-scale projects. Plante Moran will work with the City to establish a project collaboration center including a file management repository, project log, security/access rights, and content.
Deliverables: Project collaboration site and access for identified project team members A.5 Develop detailed project schedule
We will work closely with the City’s Project Steering Committee to design a project plan for the contracted project phases that is appropriate and meets the project’s overall priorities. We will create a detailed Microsoft Project plan documenting project phases, milestones, work tasks, and associated due dates.
Deliverable: Detailed project schedule
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 19
A.6 Conduct stakeholder analysis
To best understand the City’s personnel and representation, our approach includes the development of a stakeholder register. This register will include those having a current and/or future interest in processes under review. Development of this register will incorporate the following information:
• Identification information (examples: participants’ names, organizational positions, contact information)
• Project roles consistent with project charter (examples: sponsor, executive stakeholder, functional lead, subject matter expert)
• Level of involvement (areas of the project where each stakeholder will have the greatest interest and potential contribution)
Deliverables: Stakeholder register document and stakeholder engagement strategy Plante Moran will review available existing documentation provided by the City to gain an understanding of the City’s processes, systems, and business needs. Documents to be reviewed include the following:
A detailed “items to collect” list will be provided upon initiating the project and refined through discussions with the City’s project management team.
Deliverables: Information request list and documentation compilation A.8 Assess technical application and data environment
We believe the link between operational improvement and technology should be a strong one so that policymakers have confidence that technology supports the business objectives of the operation. While this evaluation is not specifically identified in the desired scope of work, we believe that an application assessment will be vital to the success of this project and have included it in our proposed scope.
A.7 Review relevant documentation and data
− Mission statements, policies, procedures, and current priorities
− Organizational charts, positions, and job descriptions for project stakeholders
− Previous studies that are relevant to the project
− Current operating budget detail, cost models, and
relevant resource acquisition plans
− Permitting and land management fee schedules
− Existing, previously documented, as-is state process
workflows for permitting and land management
functions
− GIS data and services catalog
− Existing, previously documented performance
measures and key performance indicators for
permitting and land management functions
− Standard reports and source systems
− Relevant process and function descriptions/handbooks
and pre-existing workflow documentation/flowcharts,
such as those already developed
− Information regarding integrated technologies,
including GIS, cashiering systems, core financial
systems, online payment gateways, and/or
electronic plan submission tools
− Inventory listing of all systems relevant to
performing key business processes
− Outstanding enhancement requests on current
relevant systems
− Locations of all sites involved in the project,
identification of sites, identification of sites to
be visited, and schedules of staff for visits
− Listing of ancillary systems supporting the
business processes that will be evaluated for
potential replacement or interfacing to the new
system
− Listing of additional “shadow systems” and nonintegrated systems Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 20
We will present a questionnaire to the City to support the documentation of the current technology environment and interfaced systems involved in support of processes under evaluation.
Deliverables: Application questionnaire and inventory
A.9 Conduct management interviews
We will meet with the City leadership to review the primary organizational, administrative, and technology components of the project. Objectives include a review of the project’s scope and a discussion of how staff at all levels will be involved and impacted by the relevant processes and improvement opportunities. We will work with the City’s project manager to identify appropriate individuals for each scope area and other areas deemed appropriate.
Deliverables: Up to 4 management interviews (conducted virtually) A.10 Finalize process inventory and schedule current-state process mapping sessions We will prepare a listing of processes identified for discovery and mapping for the City’s review. • Develop tailored process interviews according to activity life cycle: We will work with the City to identify key subject matter experts and stakeholders responsible for administering components of the in-scope processes. Our team will prepare a matrix representing each of the process owners and the process workstreams they are involved with. The matrix will allow us to cross-reference processes by stakeholder and stakeholders by process.
• Invitations and outreach: Once scheduled times are confirmed for process mapping sessions, we will request the City extend invitations to stakeholders. We will perform facilitated interviews with all relevant departments and service areas based on the finalized stakeholder/process management matrix.
Deliverables: Process inventory, stakeholder/process management matrix, and schedule of sessions A.11 Conduct project stakeholder orientation
We will provide a series of foundational concepts to educate staff so they can understand how their participation will achieve the intended project goals. The orientation will introduce process mapping techniques and objectives, enabling them to own the process definition approach. Staff will be introduced to the process mapping techniques, framework, and objectives. They will understand how they will be an integral part of recognizing when process change is necessary as the City’s goals, policies, regulations, technology resources, staff expertise, and service expectations change.
Deliverables: Virtual stakeholder orientation session
A.12 Conduct process owner interviews and current-state process workshops Interviews: Interviews will be structured to capture interactions between multiple service areas, applicants, and/or divisions for each activity type across its life cycle. These interviews will identify staff coordination necessary for each stage of the activity life cycle, with a special focus on handoffs between service areas to reveal issues, opportunities, and functional requirements. These will be captured on process maps and categorized in an issues and opportunities format. Sample interview sessions organized by functional activity include:
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 21
− Address management
− Code enforcement
− Building permit intake
− Building plan review
− Building inspections
− Contractor licensing
− Current planning applications
− Long-range planning applications
− Business licenses
− Other licenses
− Special events
− Engineering permit review
− Engineering inspections
− Home occupations
Process maps: Process maps will be prepared in a Microsoft Visio format for both draft and final approval. During cross-functional interviews, process workflows will be mapped and evaluated for each of the work activities identified. The interviews will be structured to discuss current business workflows and related systems to further define the current systems and required system interactions with other the City business systems.
Deliverables: 3 days onsite interviews and process map facilitation, process maps for up to 16 as-is processes in Microsoft Visio format
We will evaluate current-state business processes and identify gaps. Our summary will include the following:
• Identify issues (gaps) and business process improvement opportunities common to multiple service areas.
• Identify issues and business process improvement opportunities specific to given service areas. • Categorize issues involving people, business processes, and/or technology-related improvements. • Document existing performance measures with improvement opportunities. • Evaluate governance practices used to control and manage current processes with improvement opportunities.
Deliverable: Comprehensive Current-state Analysis Report with supporting documentation, including stakeholder feedback summaries, workflow diagrams, system architecture review, technical assessment and recommendations for improvement
We will facilitate a discussion with project leadership and identified staff members to:
• Present key findings
• Facilitate discussion among stakeholders
• Gather additional input to refine recommendations and ensure alignment with organizational objectives
Deliverable: Facilitated meeting with identified project leadership/staff A.13 Finalize Current State Analysis Report
A.14 Current State Analysis Report facilitated discussion session Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 22
Phase B: Future state analysis and documentation
Process maps will be prepared in a Microsoft Visio format for both draft and final approval. See below for examples of details captured during discovery that will be visualized alongside recommendations in the future state process maps.
− Purpose, objective, and process description
− Process triggers/initiators
− Key inputs
− Archiving/retention requirements
− Existing reporting and performance measures
− Strengths/weaknesses
− Improvement options (opportunities)
− Other relevant items identified by the City
− Information systems and/or technical resources involved − Variance and exception management
− Staff involved
− Applicant types involved
− Escalation/appeal paths
− Third-party reviews (e.g., state, federal,
private utility)
− Sources of potential risk
− Risk mitigation measures/quality control
− Level of current process complexity
Discovery of process improvement opportunities: During cross-functional interviews, processes will be mapped and evaluated for each of the work activities identified. The interviews will be structured to discuss current business workflows and related systems to further define the current systems and required system interactions with other City business systems.
Business process improvement cues
DUPLICATED EFFORTS CYCLE TIME SEARCHING AND
INDEXING INTERNAL PROCESS
• Entering same data
into multiple systems
of record
• Extensive manual
interventions
• Extensive error
checking/rework
• Parallel vs. linear tasks
• Third-party
involvement
• Excessive handoffs
• Bottlenecks without
escalation paths
• Paper chases
• Inconsistent indexing
• Untrustworthy inputs
lead to questionable
reporting outputs
• Segregation of duties
• Permissions/role
management
ROLE AMBIGUITY TEAM DEFICIENCIES MULTIPLE SOURCES OF
TRUTH
• Unclear individual
accountability
• Absence of staff backups
• Lack of training for user
roles and succession
planning
• Lost focus on process
outcomes
• Lack of awareness of
overlapping functions
and duties
• Information hoarding for
control
• Extensive data
reconciliations between
multiple sources
Deliverables: Update report including feedback from facilitated stakeholder session, process maps for to 16 future state processes in Microsoft Visio format, and recommended performance measures and KPIs.
B.1 Create future state process workflows and finalize deliverable report Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 23
We will facilitate a discussion with project leadership and identified staff members to:
• Present key findings and the proposed future state process maps • Facilitate discussion among stakeholders
• Gather additional input to refine recommendations and ensure alignment with organizational objectives
Deliverable: Facilitated meeting with identified project leadership/staff, final deliverable incorporating feedback from discussion session
Phase C: System requirements development & RFP creation As a basis for the development of software specifications, we will leverage existing best-practice software specifications that we have developed for permitting and licensing system selection projects with government clients of a similar size and complexity, along with critical and unique specifications and interfaces that were defined in the needs assessment phase of the project. These software specifications, when combined with the City’s unique requirements, will form the basis of the City’s technical and functional requirements.
The software specifications will then be linked to the future-state process maps the City’s process owners reviewed and previously approved. Vendors will be asked to review the software specification forms in the RFP and respond accordingly. The vendors’ responses will be entered under an availability column on the forms as follows:
Y Specification/report is available as a standard feature of the software.
R Functionality is available through reports generated using proposed reporting tools.
M Functionality is provided through customization to the application, including the creation of a new workflow or the development of a custom interface that may impact future upgradability.
F Functionality is not available now but will be available in a future release of the software within one year.
N Functionality is not available.
A cost column on the form will be used for “M” or “F” responses to estimate the cost to be incurred by the City to secure the specification/report.
Prioritization of requirements using Plante Moran’s outcomes-based approach:
• We will tailor the software specifications to the City’s unique functional and technical requirements.
In our experience, the outcomes-based approach we employ during this step makes us unique among consulting firms. the City staff will review and prioritize each specification to indicate the importance of the specification/report in terms of the magnitude of the business gap resolved and the measure of positive impact a new system will provide the public, applicants, and the City staff. • We will facilitate cross-functional specification review sessions with your staff to refine the requirements, address any questions, and confirm the requirements comprehensively reflect the B.2 Final report facilitated discussion session
C.1 Develop software specifications
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 24
City’s software needs. Final edits, additions, and deletions to the specifications will be incorporated for use in the RFP. By seeking this feedback from users, we will continue to inspire their buy-in and engagement in the process. Furthermore, the cross-functional approach continually promotes proactive collaboration and change management across all departments.
Deliverable: Software specifications for the RFP detailing the vendor’s scope of work C.2 Develop solution selection criteria and define decision-making processes Our selection approach will enable the City to identify the overall finalist in conjunction with other due diligence tasks (e.g., reference checks, site visits, and successful contract negotiations). Before releasing the RFP, the Project Steering Committee should meet to delineate the selection criteria and weighting factors that will be used to analyze RFP responses and additional analysis for the finalist vendors.
The list below illustrates sample criteria and weighting factors we have successfully used to select software solutions for government clients. We will work with the Project Steering Committee to define criteria appropriate to the circumstances and environment of the City.
CRITERION DESCRIPTION
Software specification
compliance
− Use response weightings (see “sample categories of criteria and relative rankings” below for further details) to calculate an overall weighted specification compliance percentage for each specification/application module sub-section. − Use relative weightings of specification/application module sub-sections in comparison to one another to calculate an overall weighted specification compliance percentage for the entire software solution. − Compare compliance percentages of each vendor.
Vendor background
questionnaire responses
− Assign various point scores to each question to calculate a total score. − Compare the point scores of each vendor.
Total cost of ownership
(one-time and five-year
recurring costs)
− Calculate one-time and ongoing support costs and timelines. − Compare costs of each vendor applying the five-year and 10-year cost-ofownership analyses. − Consider subscription (SaaS/private cloud) vs. on-premises pricing options (as available).
Professional services
contract compliance
− Assign various point scores to each clause and calculate a total score. − Compare the point scores of each vendor.
− Evaluate each vendor’s level of commitment to ongoing support and maintenance of the future solution.
− Evaluate vendor system security and data protection safeguards.
Implementation schedule
compliance
− Assign various point scores to each due date and calculate a total score. − Compare the point scores of each vendor.
We recommend using a tiered process to reach the finalist decision. For example, the City may decide to specify minimum criteria that all responding vendors must meet for their bid response to be considered (e.g., minimum population size of municipality with installation of the current version of their software, bid response must not exceed a particular dollar figure, etc.). For those vendors meeting the initial criteria, their bid responses will be evaluated against a second level of criteria prior to any formal due Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 25
diligence activities, vendor demonstrations, etc. This evaluation will be based solely on their RFP response.
The top two or three vendors that score the highest on this second round of scoring will be considered the finalist vendors. For the finalist vendors, a more comprehensive scoring process will be used. An example of an overall evaluation flow that we have used with past clients is depicted below.
ROUND 1 ROUND 2 ROUND 3
Criteria:
− Response timeliness
− Response authorization
− Response completeness
− Specification response format
− Relevance of solution
Criteria:
− Functional requirements
− Implementation requirements
− One-time and ongoing costs
− Technical requirements
− General vendor requirements
Criteria:
− Functionality
− Service and support
− the City investment and costs
− Ability to deliver “out-of-the-box”
functionality
− Technical requirements
− Other value-adds
− Vendor viability
Reference:
− Vendor proposal response
Reference:
− Vendor proposal response
− Plante Moran analysis
Reference:
− Vendor proposal response
− Plante Moran analysis
− Vendor demonstration
− Follow-up Q&A
− Site visits and reference checks
− Best and Final Offer (BAFO)
process
RESULT OF ROUND 1:
List of responsive vendors to
assess in Round 2
RESULT OF ROUND 2:
Short list of vendor finalists to
assess in Round 3
END RESULT:
Selection of preferred vendor
As described above, we’ll establish categories of criteria and sub-criteria along with weightings to conduct an unbiased scoring of the finalist vendors. Scoring may be conducted in a group setting with all members of the Project Steering Committee present.
Sample categories of criteria and relative rankings:
General vendor requirements 30%
Functional requirements 35%
Technical requirements 15%
Market differentiators 15%
Total cost of ownership 5%
We’ll provide the City with a template to record the above scores and calculations designed to prepare an objective, composite ranking of the proposed solutions. Our clients typically require the weighting of the scoring criteria prior to releasing the RFP. This ensures all vendors have a clear understanding of the evaluation process to prevent confusion, delays, or vendor protests.
Deliverables: Vendor evaluation and demonstration strategy, vendor selection criteria, and decisionmaking process.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 26
C.3 Provide input on request for proposal (RFP) document We plan to provide input to the City regarding the scope of the RFP document that is specific to the City’s permitting and licensing requirements and is intended to solicit responses in a format that will ease analysis.
For example, we would typically envision the following sections to be included in this type of RFP:
• Background information on the City and the
scope of the project, including:
Current environment and technology
standards
Operating volumes
Other planned, related initiatives
Required interfaces
• A discussion of the timeline and approach
being taken by the City to select a finalist
software solution, including:
Intent
Selection criteria
Timeline
• Software specifications
• Various forms for the vendors to complete
and return, including:
Software and technical specifications
Vendor background questionnaire
Pricing summary
Reference forms
• Guidelines for software and implementation
vendors to submit proposals:
Proposal response format
Details of implementation services
requested:
Project management
System and operational procedure
development
Hardware and software installation
Data conversion
Report development
Integration and interface development
Training for implementation team and
end users
Documentation development
Process redesign
Ongoing support and maintenance
services
Contractual terms and conditions
Minimum and recommended hardware
• Attachments as appropriate
Deliverables: RFP planning matrix, sample RFP template, and recent RFP solicitations facilitated by Plante Moran
C.4 Vendor distribution list
We’ll provide a vendor notification list with key points of contact at software companies and their solution integrators for the scope areas involved in this project to maximize vendor participation in the City’s RFP.
Deliverable: Provide a listing of qualified vendor firms and system integrators for RFP solicitation C.5 Prepare RFP addendums during vendor Q&A
We understand that the City will be the point of vendor contact for the RFP solicitation process. We’ll work with the City to prepare for facilitating a vendor pre-bid meeting and to coordinate the logistics of conducting the meeting. We will also have a debrief discussion with the City team after the meeting and assist with identifying follow-up items required to distribute communications or addendums.
Proposal
responses
Responsive
vendors
Shortlisted
vendors
Preferred
vendor
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 27
Additionally, we would expect that the City’s purchasing staff would act as the first line of vendor communication and interaction for a formal written Q&A and proposal clarification process. We’ll support this activity by working to assist in drafting responses to the compiled list of vendor questions and will lead the addendum development process within two days of the vendor Q&A process.
Deliverable: Draft responses to prospective proposers’ questions via RFP addendum within two days of close of vendor Q&A period.
Phase D: Proposal evaluation and review (optional)
Vendors will be instructed to complete the forms in the RFP and return them electronically with their proposals. Through a semi-automated process we have successfully used many times, we will tabulate the responses to the application specifications that will be included in the RFP. A compliance percentage will be calculated and incorporated into a proposal comparison template we have developed. When combined with a variety of other comparative criteria gathered from the proposals, the template automatically calculates a blind numerical ranking which eliminates any bias from the selection process.
The templates will allow the City to measure each vendor on:
− Conformance with the specifications
− Software licensing costs (including core and
non-core components)
− Hardware purchase costs
− Implementation, training, conversion, and
modification services costs
− Ongoing support costs
− Contract terms and implementation schedule compliance − General background criteria (e.g., number of installations, historical financial performance, number of support staff, platforms supported, third-party software requirements, etc.)
As part of this initial analysis, we will assess each of the vendors’ solutions and meet with the City to present the comparative proposal analysis. Together, we will use the decision-making process determined above to select the two or three most qualified vendors who may be subjected to the due diligence tasks described in the following workplan tasks.
Deliverables: Side-by-side vendor proposal analysis, vendor follow-up questions, and identification of vendors meeting minimum qualifications.
D.2 Assist in developing remote vendor demonstration materials, due diligence templates, and facilitate finalist vendor interviews
We will assist the City in developing materials to use during the vendor demonstration and due diligence activities, including:
• Vendor demonstration agendas scripted according to future-state process maps. • Letters to send vendors who are proceeding to the next round upon receipt of their RFP responses, and letters to send vendors whose solutions are not being considered based on an initial review of their RFP responses.
• Forms to document vendor information during vendor demonstrations, reference checking, and potential site visit processes.
• Vendor demonstration planning and discovery calls with each of the shortlisted vendors.
Deliverables: Demonstration scripts, due diligence guide, scoring matrices, vendor schedule, and demonstration agenda
D.1 Analyze proposals and select semi-finalists
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 28
D.3 Schedule and conduct vendor demonstrations
We will prepare demonstration scripts and guide the City to facilitate structured vendor demonstrations using recorded, standardized demonstration scenarios, providing logistical advice, agendas, and ensure consistency across vendors. The demonstrations will highlight key business workflows and include participation from a cross-section of stakeholders. Evaluation forms will be provided as a checklist for scoring each vendor’s performance, usability, and functionality. We will also facilitate a debrief session with the City’s project management team to review results and support identification of finalist vendors.
Deliverables: Demonstration scripts, vendor evaluation scoring workbooks, compiled vendor demonstration results
D.4 Schedule and conduct finalist vendor interviews
We will coordinate and facilitate in-person interviews with each of the finalist vendors. These sessions will focus on evaluating each vendor’s delivery approach, including implementation methodology, staffing, governance, data migration, and risk mitigation, which will serve as a significant weighting factor in the overall evaluation process. We will provide structured interview guides and scoring tools to ensure consistency and will facilitate a debrief discussion with the City’s project team to synthesize findings.
Deliverables: Vendor interview script guides, vendor evaluation scoring workbooks, compiled vendor interview results, facilitated onsite (in-person) vendor interviews for up to two (2), consecutive days.
D.5 Conduct additional due diligence activities
In addition to vendor demonstrations, we can help the City perform several additional due diligence activities for the finalist vendors. We anticipate these activities could include:
• Providing the City with structured discovery questions to conduct site visits of comparably sized and complex installations to review the installation of the vendor’s software and the strength of the business relationship. We will provide the City with detailed checklists of issues and items to discuss and score during the site visits and/or reference checks. • Providing the City with examples key contracting and service delivery expectations to assess how well vendor referenced agencies have adapted the semi-finalists’ vendor systems to their needs and identify issues to address during contract negotiations. We have found that having staff contacting their peers results in more productive and informative conversations. As such, we will facilitate the reference checking process and while the City conducts the references on its own behalf. • Additional due diligence as necessary to evaluate and consider the value of specific components of the vendor proposals.
Deliverables: Site visit template, reference-checking questions and materials following the identification of the highest-rated firms, and vendor responses to post-interview clarification questions D.6 Assist in the selection of a preferred vendor
In our experience, due diligence activities conducted after vendors have responded to an RFP provide further understanding for the client as to what is being offered by the software vendors, as well as further understanding by software vendors as to the needs of the client. We propose that the semifinalist vendors be requested to provide a clarification response to their original RFP, as necessary, to address specific questions.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 29
Together, based on those demonstrations, vendor proposals, and other due diligence activities, we will review and discuss the semi-finalist vendors’ overall solution and facilitate a meeting with a finalist vendor using the decision-making process developed previously. Using our significant experience assisting public sector organizations with system selection projects, we will demonstrate strong facilitation approaches to assist the Project Steering Committee in reaching a consensus on the final vendor selection independently and objectively.
Deliverables: Side-by-side vendor proposal analysis and quantification of project costs (one-time and ongoing)
D.7 City Council presentation
We will participate in a City Council meeting to present the work completed for the project. We will work with the City team to identify the format and timing of this presentation.
Deliverables: City Council presentation
Phase E: Contract negotiation (optional)
E.1 Contract statement of work advisory services
This phase aims to provide advisory services to the City to assist in contract negotiation activities with the finalist vendor. This includes reviewing contract documents and designing a comprehensive statement of work.
We will review the license and support agreements provided by the primary finalist vendor and propose recommended changes to the contract. We will also participate with the City via phone in planning the negotiations with the primary finalist vendor. We will review contractual terms, conditions, and costs to recommend contract language changes designed to protect the City’s long-term interests.
A final license and support agreement draft will be presented to the City’s legal counsel for review. This review should include (but not necessarily be limited to):
− Terms and conditions relating to
terms and termination of the
agreements
− Purchase and support costs
− Caps on price increases
− Recourse for non-performance
by the vendor
− Software acceptance criteria
− Rights to the source code if the
vendor declares bankruptcy
− Warranties and incorporation of
the vendor’s response to the RFP
Governing law
− Insurance coverage requirements
− Rights to major new releases
− Payment terms tied to major
deliverables
− Controls over expenses
− Development of an
implementation plan
− Ongoing support criteria
The City will conduct vendor negotiations and make all management decisions. During this activity, based on funding availability and preferences, The City will need to determine and conclude the specific scope of software, services, and optional items that it will purchase from the finalist vendor(s). We will also review the statement of work (SOW) the selected software vendor developed and provide input to the City for consideration before finalizing.
Deliverables: Vendor statement of work review (including timelines, roles, responsibilities, training, and benchmarks); review of vendor contract terms, including scope, deliverables, service level performance, and liability terms to inform the vendor negotiations process.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 30
Phase F: Software implementation project management (optional) Plante Moran can provide the City of Tulare with flexible software implementation project management and advisory support to help guide the successful implementation of its permitting system. Our approach is designed to complement, not duplicate, the work of the selected software vendor. We recognize that implementation vendors typically lead core system deployment activities such as establishing the initial implementation schedule, facilitating kickoff, providing standard configuration options, and delivering vendor-supplied training materials.
Background Information
During an implementation, there are often critical client-side responsibilities that fall outside the vendor’s scope, such as establishing internal governance, coordinating cross-department decisionmaking, preparing the organization for change, defining testing participation, supporting data readiness, clarifying integration ownership, and aligning business process expectations with the future system. For example, see the example list below of pre-implementation activities that vendors typically support. The Permitting System Vendor will… The Permitting System Vendor will NOT… Develop the initial project schedule and
facilitate the formal project kickoff
Establish an implementation roadmap aligned
with the Statement of Work and approved
scope
Demonstrate baseline system functionality,
configuration options, and standard industry
best practices supported by the solution
Provide standard, out‑of‑the‑box security
roles and workflow configuration options
Provide required file layout formats and
technical specifications for supported data
imports
Provide standard, vendor‑supplied system
training materials and documentation
Identify, redesign, or document client business
processes or future‑state operating models
Analyze, design, or restructure the client’s chart of accounts or financial frameworks
Design or implement client infrastructure tools, file transfer processes, or integration middleware
Develop client‑specific policies, procedures, or
customized training materials beyond standard system
documentation
Identify end users or manage logistics training,
scheduling, or attendance
Define the overall testing strategy or identify client testing participants and stakeholders
Assign internal user roles or define client infrastructure, network, or security requirements
Define internal control frameworks or compliance
policies
Identify legacy systems to be retired or inventory
associated licenses, dependencies, or access
Our Implementation Project Management Approach
Plante Moran’s role is to provide cost-effective, scalable support in these areas based on the phase of implementation and the level of support the City needs.
Option 1 Option 2 Option 3
Level of Support Base Implementation
Project Management
Support
Expanded
Implementation Project
Management Support
Comprehensive
Implementation Project
Management Support
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 31
F-Option 1 Base Project Management Support
This level is designed for Tulare if the selected vendor is expected to lead most implementation management activities and the City needs targeted supplemental support. Under this option, Plante Moran provides executive advisory project management oversight, including participation in key meetings, review of project plans and deliverables, issue and risk tracking support, coordination on critical decisions, and periodic status reporting to leadership. This tier is well suited for maintaining alignment, accountability, and executive visibility while keeping costs controlled.
F-Option 1: Base Project Management Support
30-Hour Implementation Project Management Monthly Support Block Key Support Areas − Weekly Project Management Meetings with Vendor − Weekly Project Management Meetings with City
− Ad hoc implementation project management support
Advisory Service How Plante Moran Supports Tulare Expected Benefits & Outcomes Project
Management
Activities
− Facilitate leadership alignment and project
kickoff sessions
− Define project governance, roles, and
decision-making authority
− Develop and maintain initial project
schedule, risk log, and decision log
− Establish escalation paths and project
management cadence
− Clear ownership and
accountability from project start
− Faster, more consistent decisionmaking
− Reduced risk of misalignment and
project delays
Business Process
Transformation
Activities
− Support early identification of future-state
business process objectives
− Advise on operational, policy, and
procedural impacts of process changes
− Validate alignment between intended
process changes and implementation
approach
− Shared understanding of how
work is expected to change
− Reduced downstream rework
during design and configuration
− Better alignment between
business needs and system design
F-Option 2 Expanded Implementation Project Management Support In addition to core project management support, Plante Moran can scale services up or down to complement the vendor and address areas that are commonly outside the vendor’s scope. These services can be incorporated into any of the support tiers above depending on Tulare’s needs.
This level provides a more active project management role in partnership with City staff and the vendor.
Plante Moran would support regular coordination across stakeholders, maintain and update implementation tracking tools, monitor progress against milestones, assist with issue and change management, support meeting facilitation, and provide more structured reporting to leadership. This option is appropriate when the City wants stronger oversight and coordination support but does not require full-time implementation management presence.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 32
F-Option 2: Expanded Implementation Project Management Support 40-Hour Implementation Project Management Monthly Support Block Key Support
Areas
− Weekly Project Management Meetings with Vendor
− Weekly Project Management Meetings with City
− Implementation project management support at key meetings, discovery sessions − Ongoing support in the optional advisory service areas below up to a defined number of hours (support areas and level of service to be defined in coordination with the City) Advisory Service How Plante Moran Supports Tulare Expected Benefits & Outcomes Project
Management
Activities
− Facilitate leadership alignment and project
kickoff sessions
− Define project governance, roles, and
decision-making authority
− Develop and maintain initial project schedule,
risk log, and decision log
− Establish escalation paths and project
management cadence
− Clear ownership and accountability
from project start
− Faster, more consistent decisionmaking
− Reduced risk of misalignment and
project delays
Business Process
Transformation
Activities
− Support early identification of future-state
business process objectives
− Advise on operational, policy, and procedural
impacts of process changes
− Validate alignment between intended process
changes and implementation approach
− Shared understanding of how work
is expected to change
− Reduced downstream rework
during design and configuration
− Better alignment between business
needs and system design
Optional 1:
Organizational
Change
Management
− Support identification of change champions
and impacted stakeholder groups
− Advise on change strategy and early
engagement approach
− Support leadership messaging related to the
upcoming implementation
− Increased organizational readiness
for change
− Reduced resistance and
uncertainty among staff
− Stronger leadership sponsorship
throughout implementation
Optional 2:
System Testing
Readiness
− Define overall testing approach in
coordination with the client and vendor
− Identify functional and departmental
participants for testing
− Support early identification of end-to-end
business scenarios to be tested
− Clear expectations for testing roles
and responsibilities
− Improved test participation and
coverage
− Fewer testing delays later in the
project
Optional 3:
Data Management
− Identify data owners, subject matter experts,
and technical data resources
− Clarify roles and responsibilities related to
data migration and validation
− Support early planning for data scope,
quality, and reporting dependencies
− Reduced data migration risk
− Clear ownership and accountability
for data decisions
− Improved confidence in data
readiness for the new system
Optional 4:
System
Integrations
Readiness
− Inventory required system integrations and
related stakeholders
− Establish integration governance and clarify
cross-vendor responsibilities
− Support early planning for integration
approach and dependencies
− Clear understanding of integration
scope and ownership
− Fewer surprises during design and
build phases
− Improved coordination across
vendors
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 33
Advisory Service How Plante Moran Supports Tulare Expected Benefits & Outcomes Optional 5:
Training
Coordination
− Support identification of training governance
and training liaisons
− Advise on role-based training approach and
delivery strategy
− Prepare the organization for later training
development and execution
− A scalable training approach
aligned to job roles
− Improved end-user readiness at
go-live
− Reduced long-term reliance on
vendors for training
F-Option 3 Comprehensive Implementation Project Management Support This level provides full-scale, project management implementation management support for Tulare throughout the project lifecycle. Under this option, Plante Moran serves in a lead advisory and coordination role to manage implementation planning, stakeholder alignment, action tracking, issue escalation, risk mitigation, deliverable oversight, and leadership reporting. This tier is best suited for more complex implementations or situations where the City requires additional capacity to maintain schedule, budget, and alignment with intended operational outcomes.
F-Option 3: Comprehensive Implementation Project Management Support 60-Hour Implementation Project Management Monthly Support Block Key Support
Areas
• Weekly Project Management Meetings with Vendor
• Weekly Project Management Meetings with City
• Implementation project management support at key meetings, discovery sessions • Participation and ongoing support in the optional advisory service areas below up to a defined number of hours (support areas and level of service to be defined in coordination with the City)
Advisory Service How Plante Moran Supports Tulare Expected Benefits & Outcomes Project
Management
Activities
− Facilitate leadership alignment and project
kickoff sessions
− Define project governance, roles, and
decision-making authority
− Develop and maintain initial project
schedule, risk log, and decision log
− Establish escalation paths and project
management cadence
− Clear ownership and
accountability from project start
− Faster, more consistent decisionmaking
− Reduced risk of misalignment and
project delays
Business Process
Transformation
Activities
− Support early identification of future-state
business process objectives
− Advise on operational, policy, and
procedural impacts of process changes
− Validate alignment between intended
process changes and implementation
approach
− Shared understanding of how
work is expected to change
− Reduced downstream rework
during design and configuration
− Better alignment between
business needs and system design
Optional 1:
Organizational
Change
Management
− Support identification of change champions
and impacted stakeholder groups
− Advise on change strategy and early
engagement approach
− Support leadership messaging related to
the upcoming implementation
− Increased organizational readiness
for change
− Reduced resistance and
uncertainty among staff
− Stronger leadership sponsorship
throughout implementation
Optional 2: − Define overall testing approach in
coordination with the client and vendor
− Clear expectations for testing roles
and responsibilities
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 34
Advisory Service How Plante Moran Supports Tulare Expected Benefits & Outcomes − System
Testing Readiness
− Identify functional and departmental
participants for testing
− Support early identification of end-to-end
business scenarios to be tested
− Improved test participation and
coverage
− Fewer testing delays later in the
project
Optional 3:
− Data
Management
− Identify data owners, subject matter
experts, and technical data resources
− Clarify roles and responsibilities related to
data migration and validation
− Support early planning for data scope,
quality, and reporting dependencies
− Reduced data migration risk
− Clear ownership and
accountability for data decisions
− Improved confidence in data
readiness for the new system
Optional 4:
− System
Integrations
Readiness
− Inventory required system integrations and
related stakeholders
− Establish integration governance and
clarify cross-vendor responsibilities
− Support early planning for integration
approach and dependencies
− Clear understanding of integration
scope and ownership
− Fewer surprises during design and
build phases
− Improved coordination across
vendors
Optional 5:
− Training
Coordination
− Support identification of training
governance and training liaisons
− Advise on role-based training approach and
delivery strategy
− Prepare the organization for later training
development and execution
− Optional 5
− Training Coordination
Plante Moran will coordinate closely with the City of Tulare throughout the assessment and selection phases to support the development of an RFP that reflects the City’s desired level of service and operational priorities. As part of this process, we will help align vendor responsibilities and proposed implementation support services, ensuring a clear and cohesive delivery model. Our team will scale the level of support and associated hours within Options 2 and 3 based on the selected vendor’s scope and level of service and can provide a detailed quote based on the City’s desired service level. This approach allows Tulare to define the right balance between vendor-led activities and supplemental advisory support, resulting in an implementation strategy that is tailored, cost-effective, and best suited to the City’s needs.
Deliverables overview
As part of the RFP Scope of Services, the City provided a defined list of deliverables for the project. To support the City’s review, the table below includes the list of requested deliverables and the workplan section where they are included in more detail.
REQUESTED DELIVERABLE WORKPLAN SECTION
Comprehensive Current-state Analysis Report with supporting documentation, including stakeholder feedback summaries, workflow diagrams, system architecture review, technical assessment and recommendations for improvement.
A.13
Conduct a meeting to review current-state analysis report, present key findings, facilitating discussion among stakeholders, and gathering additional input to refine recommendations and ensure alignment with organizational objectives A.14
Comprehensive future-state analysis report with supporting documentation, including stakeholder engagement summaries, prioritized requirements matrix, B.1 Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 35
REQUESTED DELIVERABLE WORKPLAN SECTION
workflow diagrams, system feature recommendations, integration strategy, KPI framework, change management plan, and feasibility assessment.
Conduct a meeting to review the future-state analysis report, present key findings, facilitate discussion among stakeholders, and gather additional input to refine recommendations and ensure alignment with organizational objectives.
B.2
System Requirements Document C.1
Request for Proposal suitable for public release. C.2, C.3 Unbiased guidance, review and summary of proposals received D.1 Completed review process with final recommendation provided by City of Tulare review committee D.6
City Council presentation of work completed. Virtual meeting attendance is acceptable D.7
Project Plan and support F.1, F.3
Successful management of project implementation F.6
Client staff involvement
The following table identifies the expected involvement of the City’s staff for each major activity of the project. We understand the City may have considerations for staff engagement that are not reflected in our assumptions represented below. We welcome the opportunity to discuss project staffing options and alternatives, including how we can tailor our workplan and level of effort to best meet the needs of the City.
PROJECT ACTIVITY CITY RESPONSIBILITIES PRIMARY ROLE
Phase A: Current state analysis and documentation
A.1:
Conduct project
initiation
− Participate in project planning meeting. − Project sponsor − Project manager
A.2:
Define project
organizational
structure
− Work with Plante Moran in defining appropriate
project governance structure to best align functional
and operational responsibilities.
− Assist in defining roles and responsibilities of the
various project organizational components.
− Determine which the City staff will fulfill the project roles identified.
− Project sponsor
− Project manager
− Project Core Team
A.3:
Develop project
charter
− Assist in the development of the project charter.
− Review and refine project governance structure.
− Review and approve the project charter.
− Assist in the development of the communication plan.
− Review and approve the proposed communication
plan.
− Project sponsor
− Project manager
− Project Core Team
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PROJECT ACTIVITY CITY RESPONSIBILITIES PRIMARY ROLE
A.4:
Establish project
collaboration center
− Assist in determining what should be included in the
collaboration environment.
− Assist in establishing guidelines around the use of the collaboration environment.
− Identify whom should be granted access rights to the
site.
− Project manager
A.5:
Develop detailed
project schedule
− Review and approve the proposed development
services selection phase project workplan.
− Project manager
− Project Core Team
A.6:
Conduct stakeholder
analysis
− Identify information requirements of key
stakeholders and project team members.
− Review/comment on change management outreach
strategies.
− Project manager
− Project Core Team
A.7:
Review relevant
documentation and
data
− Compile and upload previous assessments to
SharePoint collaboration site.
− Provide supporting documentation of current and
future system business needs.
− Index supporting documents so they can be
efficiently identified, evaluated, and presented during fact-finding interviews and workshops.
− Project manager
− Process owners and/or
departmental SMEs
A.8:
Assess technical
application and data
environment
− Complete the technical questionnaire.
− Identify the City’s technical policies, standards, and practices relevant to the deployment of an enterprise
permitting/land management system.
− Participate in follow-up interviews as needed.
− Technical SMEs
A.9:
Conduct management
interviews
− Participate in management interviews.
− Guide staff involvement at all levels throughout the
project.
− Project manager
− Identified executives
A.10:
Finalize process
inventory and
schedule current-state
process mapping
sessions
− Coordinate scheduling of departmental interviews.
− Departments prepare for interviews by reviewing
interview questionnaires and pulling together the
appropriate documents requested.
− Project manager
− Process owners and/or
departmental SMEs
A.11:
Conduct project
stakeholder
orientation
− Participate in project stakeholder orientation
sessions.
− Project sponsor
− Project manager
− Process owners and/or
departmental SMEs
A.12:
Conduct process
owner interviews and
current-state process
workshops
− Participate in the diagramming of current-state
process workflows.
− Identify all supporting side or “shadow” systems and
the required system interfaces associated with
performing activities.
− Project manager
− Process owners
− SMEs and/or other
stakeholders
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PROJECT ACTIVITY CITY RESPONSIBILITIES PRIMARY ROLE
− Review and identify any unique departmental
requirements of the City.
A.13
Finalize Current State
Analysis report
− Receive and review current state analysis report
− Provide feedback on report and current state process
maps
− Project sponsor
− Project manager
− Project Core Team
A.14
Current State Analysis
report facilitated
discussion session
− Participate in current state analysis discussion session − Project sponsor − Project manager
− Project Core Team
Phase B: Future state analysis and documentation
B.1:
Create future state
process workflows
and finalize
deliverable report
− Receive and review final deliverable report
− Provide feedback on final deliverable report
− Project sponsor
− Project manager
− Project Core Team
B.2:
Final report facilitated
discussion session
− Participate in future state process discussion session − Project sponsor − Project manager
− Project Core Team
Phase C: System requirements development & RFP creation C.1:
Develop software
specifications
− Review relevant performance measures and provide
feedback on existing performance measures.
− Schedule requirements and use case evaluation
sessions.
− Review draft specifications and prioritize based upon the evaluation process in advance of review meeting.
− Participate in requirements consolidation review
meetings.
− Project manager
− Project Core Team
− Vendor selection team
− Process owners
− Departmental SMEs
C.2:
Develop solution
selection criteria and
define decisionmaking processes
− Identify vendor solution and weighting criteria to
apply to future RFP.
− Determine process for scoring each review round.
− Determine how and when solution costs will be
evaluated.
− Define how evaluation criteria will be measured.
− Project sponsor
− Project manager
− Project Core Team
− Vendor selection team
− Process owners
− Departmental SMEs
C.3:
Provide input on
request for proposal
(RFP) document
− Provide required the City templates to be included in the RFP.
− Review and provide feedback on the base set of
minimal terms and conditions.
− Review other sections of the draft RFP provided by
Plante Moran.
− Approve the final RFP document.
− Project manager
− Procurement officer
− Project Core Team
− Vendor selection team
− City legal counsel
C.4: − Publish RFP document through recommended
channels.
− Project manager
− Procurement officer
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PROJECT ACTIVITY CITY RESPONSIBILITIES PRIMARY ROLE
Vendor distribution
list
− Distribute the final RFP document to vendor
marketplace.
C.5:
Prepare RFP
addendums during
vendor Q&A
− Serve as single point of contact for vendor questions and communications.
− Work with Plante Moran to develop answers to
vendor questions.
− Post and/or distribute RFP addenda.
− Project manager
− Procurement officer
− Business/technical
leads
− Business/technical
SMEs
Phase D: Proposal evaluation and review (optional)
D.1:
Analyze proposals and
select semi-finalists
− Facilitate proposal opening.
− Determine vendors that did not meet minimum
criteria and distribute appropriate communications.
− Review proposals.
− Review Plante Moran’s comparative proposal
analysis.
− Identify any vendor clarification questions and
distribute to vendors.
− Score vendor proposals.
− Participate in finalist vendors selection meeting.
− Conclude on finalist vendors.
− Communicate results of bid analysis to rejected and
remaining vendors.
− Project manager
− Procurement officer
− Vendor selection team
− Business/technical
leads
− Business/technical
SMEs
− City legal counsel
D.2:
Assist in developing
vendor demonstration
materials and due
diligence templates
− Work with Plante Moran on development of
demonstration agendas.
− Develop vendor demonstration scripts based on
provided templates.
− Review and approve demonstration scripts.
− Project manager
− Project Core Team
− Vendor selection team
− Business/technical
leads and SMES
D.3:
Schedule and conduct
vendor
demonstrations
− Coordinate demonstration logistics (e.g., coordinate
with vendor).
− Distribute vendor demonstration scripts to vendors.
− Provide scoring sheets to selection team and staff.
− Review and score vendor demonstrations.
− Project manager
− Project Core Team
− Vendor selection team
− Business/technical
Leads
− Business/technical
SMEs
D.4:
Schedule and conduct
finalist vendor
interviews
− Coordinate interview logistics (e.g., reserve location). − Schedule interviews with vendors.
− Distribute interview agenda and scripts to vendors.
− Communicate interview schedule to staff.
− Provide scoring sheets to selection team and staff.
− Attend and score vendor interviews.
− Project manager
− Project Core Team
− Vendor selection team
− Business/technical
Leads
− Business/technical
SMEs
D.5: − Participate in additional due diligence according to the procurement plan.
− Project manager
− Vendor selection team
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 39
PROJECT ACTIVITY CITY RESPONSIBILITIES PRIMARY ROLE
Conduct additional
due diligence
activities
− Provide due diligence results to Plante Moran for
review.
− Conduct vendor site visits.
− Compile due diligence observations and findings from
vendor references.
− Business/technical
leads
− Business/technical
SMEs
D.6:
Assist in the selection
of a preferred vendor
− Review and provide comments on draft solution
selection summary memo.
− Finalize summary memo and submit for elected
official review.
− Project manager
− Project Core Team
− Vendor selection team
D.7:
City Council
presentation
− Coordinate scheduling for City Council presentation
− Provide feedback on City Council presentation
− Project sponsor
− Project manager
Phase E: Contract negotiation (optional)
E.1
Contract statement of
work advisory
services
− Assist in defining the negotiating strategy and
associated roles.
− Negotiate vendor contracts.
− Determine who from the City will be involved in the
contract negotiations.
− Identify the critical needs for inclusion in the
contract.
− Determine particulars about the proposed vendor’s
solution that need to be considered in the negotiated
contract (e.g., phasing).
− Conclude on the scope of technology and services to
license/procure from the finalist.
− Assist in the development of the statement of work.
− Assist in negotiating the final contract.
− Present the final contract to the appropriate
committees and to the Board for approval.
− Project manager
− Vendor selection team
− City legal counsel
Phase F: Software implementation project management (optional) This section will be populated after the vendor’s statement of work and contract has been negotiated.
Project assumptions
Please see our proposal’s project assumptions in Section J: Pricing Methodology.
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C. Timing
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Project schedule
Our proposed draft project timeline is shown below and reflects the expected 6-month project duration. Our team proposes a project start date on or after August 1, 2026, assuming a contract award date by June 30, 2026. These dates can be adjusted to meet the City’s needs and resource availability. We will discuss timing as part of our proposed project kickoff meeting. Our proposed timeline anticipates the release of the RFP by 4/01/2027 and targets the implementation start date by summer of 2027 in accordance with the City’s RFP addendum #1.
Implementation timing has not been included on this project schedule. Implementation schedules will vary depending on the City’s selected vendor and both the City and vendor’s resource availability. Our team can provide an updated schedule once the City has selected a software vendor and has negotiated a detailed statement of work.
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D. Personnel
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Your project team
The engagement roles for the team members who will serve the City are shown in the following table.
Team member Responsibilities
Mark Warner
Proposed Role: Engagement Partner
Office Location: Southfield, Michigan
Qualifications: See attached resume.
Project Availability*: 5%
Christopher
Blough, PMP, MPA
Proposed Role: Project Director and GIS/Systems Integration Consultant (Primary person responsible for managing the relationship with the City) Office Location: Southfield, Michigan
Qualifications: See attached resume.
Project Availability: 20%
Caroline Glass,
AICP, Prosci
Proposed Role: Project Manager / Land Management Subject Matter Expert Office Location: West Palm Beach, Florida
Qualifications: See attached resume.
Project Availability: 50%
Jamie Olsen,
CCMP, Prosci
Proposed Role: Technical Advisor / Implementation Strategy Consultant Office Location: Denver, Colorado
Qualifications: See attached resume.
Project Availability: 25%
Brian Pesis
Proposed Role: California Municipal Strategy Advisor
Office Location: Denver, Colorado
Qualifications: See attached resume.
Project Availability: 10%
Additional Project
Consultants
Additional project consultants may be used as subject matter experts to support key discovery areas in scope for the project.
*Proposed project availability represents the approximate percent of the team member’s time that they would be available to devote to the project. This can be adjusted or scaled based on the City’s desired scope during project negotiations.
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Resumes
Mark Warner
Firm Role: Partner | Project Role: Engagement Partner
Role: I’ll have overall responsibility for all Plante Moran project resources ensuring that all our services are completed within schedule and budget. My focus will be on the City’s satisfaction with the work of our consulting team. My primary goal is to make sure we are applying the right resources of the firm to look out for your interests proactively, respond to your questions promptly, meet all deadlines, ensure no surprises, and value your time.
Experience: I spend all my time working with public sector clients, with a significant majority of them local governments and other agencies. My clients appreciate my no-nonsense approach, which helps them meet deadlines while staying current on operational best practices and industry insights throughout the year. I have 25 years of experience in financial accounting, process improvement, prepackaged enterprise software system selection and implementation, and project management.
Select key clients:
− City of New Orleans, LA
− Kent County, MI
− City of Grand Rapids, MI
− City of Greeley, CO
− Gwinnett County, GA
− St Johns County, FL
− Las Vegas Convention and Visitors Authority
− Cuyahoga County Public Library
− Great Lakes Water Authority
− Southeast Michigan Council of Governments
Professional affiliations: I am a member of the national Government Finance Officers Association (GFOA) and am active in the Michigan, Colorado and Ohio chapters. I’ve been fortunate over the last 20 years to have been involved in the leadership of the Technology Resource Committee of the Michigan GFOA. I’m also a frequent public sector presenter on topics related to the software application lifecycle including best practices, software optimization and other technology modernization approaches.
Fun fact: I’m passionate about the National Park System that Theodore Roosevelt worked to build over a hundred years ago. I’ve been fortunate enough to have taken several cross-country road trips visiting these amazing jewels of our nation.
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Christopher Blough, MPA, PMP
Firm Role: Public Sector Principal Consultant | Project Role: Project Director Role: Project Director: : I will serve as your Project Director. I will oversee the team, ensuring that each person has the support necessary to fulfill the goals of the project. Additionally, I will communicate with City leadership to ensure your needs are being met and to understand their goals. To support your successful transition planning, I will share insights from other organizations in California.
Experience: As a Principal Consultant, I lead the Public Services Delivery Service Line within Plante Moran’s Public Sector Technology and Operations Practice with 20 years of experience serving local and special purpose governments. With career experiences as a public servant, planning/zoning official, and technology services manager, I modernize digital services supporting regulatory permitting, land development, business licensing, and code enforcement systems. I also lead engagement teams to assess, select, and implement enterprise resource planning (ERP), enterprise permitting/licensing, utility billing (UB/CIS), and asset management (EAM/CMMS) systems. As a project director and project manager, my clients receive tailored expertise with subject matter experts in business analytics, data management, cybersecurity, public operations leadership, and organizational change management.
Select key clients:
− Daly City, CA
− Mountain View, CA
− Stanford Linear Accelerator
Lab, CA
− Seminole County, FL
− Irvine Ranch Water District, CA
− West Palm Beach, FL
− Doral, FL
− Des Moines, IA
− Sunnyvale, CA
− Arlington Heights, IL
− Eastern Municipal Water
District, CA
Professional affiliations and licensure: In combination with undergraduate and graduate degrees, I’m a credentialed Project Management Professional (PMP), (Certificate #1373368), Lean Six Sigma Green Belt, Certified ITIL IT Service Management (ITIL), Institute of Asset Management (IAM) Certificate #1029965, Member of the Project Management Institute (PMI), Member of the Building Officials Association of Florida (BOAF), Member of the American Planning Association (APA), and American Water Works association (AWWA).
Client success story at City of West Palm Beach FL: I served as project manager and lead consultant to successfully replace an enterprise permitting system for one of Florida’s fastest growing communities facing a $3 billion backlog in development construction cost. My team completed interviews with 12 departments and 30 business units involving over 120 staff. It also examined ways to streamline the collection of $3.6 million in business tax receipts and $12 million in annual permitting revenues. Using future-state business process diagramming for 27 permitting functions involving 750 activities, the City developed 80 high-value use cases specific to core business requirements. These were used for structuring high-value software demos representing the needs of planning, building safety code, engineering, utilities, fire, police, public works, parks and recreation, and property code enforcement.
Client success story at County of Collier FL (Naples/Marco Island FL): In response to delays in permitting activities following Hurricane Irma in 2017, I successful led a performance improvement project within the County’s Growth Management Department. The project involved an evaluation of technology, business process, and 300 staff spanning all functions of the land development and code enforcement lifecycle. The client’s team was trained on LEAN and Six Sigma techniques to develop a performance management framework and institute controls with metrics to measure the County’s service levels in response to future hurricanes and increasing demand for services.
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Caroline Glass, AICP
Fire Role: Public Sector Consulting Manager | Project Role: Project Manager and Land Management Subject Matter Expert
Role: I will serve as the Project Manager and will be the primary day-to-day contact for the City. I will facilitate meetings with the City and coordinate project activities and schedules. I will also serve as a subject matter expert, drawing on my career and consulting experience in local government community development departments to lead discovery activities and support project management and coordination activities.
Experience: I am a member of Plante Moran’s Public Sector & Infrastructure Practice and a Public Service Delivery Service Line Lead Advisor. My experience with technology projects including competitive system selection, RFP/RFQ and implementation as a government official guide my experience as a consultant and inform my understanding of unique public sector needs. I am particularly interested in fostering a collaborative approach to regulatory interactions, with an emphasis on communication and facilitation of stakeholder input. Highlights include:
• Process improvement: I work with public sector agencies to implement process and technology improvements and improve customer service through performance measure improvements for datadriven decision making. In addition to general business process improvement knowledge, I am a subject matter expert for community development process improvements. • System selection, implementation, and optimization: My experience includes supporting agencies through Permitting and ERP System Selections, including Needs Assessments, RFP Development, vendor proposal analysis, and implementation support. I am interested in helping clients achieve meaningful future state process improvements with technology improvements. I have worked with several clients to support activities to stabilize and improve a recently implemented land management system.
• Public sector experience: I have public sector experience as a former Deputy Development Services Director, overseeing public sector planning/zoning, building permitting and inspections, licensing, addressing, and code enforcement, and as a former land use planner. Additional public sector experience includes project/grant management, geographic information systems (GIS), and Community Rating System (CRS).
Select key clients:
− Boynton Beach FL
− Palm Beach County FL
− Volusia County FL
− Seminole County FL
− Daly City CA
− Doral FL
− Village of Arlington Heights IL
− Marco Island FL
− West Palm Beach FL
− Eastern Municipal Water
District CA
− Irvine Ranch Water District CA
− City of Dearborn, MI
Professional affiliations and licensure: My certifications include AICP certified planner (American Institute of Certified Planners), change management (Prosci), and Geographic Information Systems (University of Alabama). I am active in the American Planning Association (APA) and Building Officials Association of Florida (BOAF). I also serve on the board of my local Community Redevelopment Agency.
Client success story: When I worked in government, I always loved making SOPs and workflows for my team. As a consultant, I get to do this on a daily basis! Recently, I led our Palm Beach County assessment team in the creation of over 60 process maps, spanning six scope areas. The County had never previously documented their processes to this level of detail before.
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Jamie Olsen, MAOD
Firm Role: Public Sector Consulting Manager | Project Role: Project Manager and Implementation Strategy Consultant
Role: I’ll be responsible for reviewing all deliverables for quality and consistency to ensure they deliver expected value. I’ll also provide expertise on systems implementation based upon my previous experience as the Project Management Office Director for a software vendor’s professional services implementation team.
Experience: Jamie, a manager at Plante Moran, brings over 15 years of experience in technology consulting. Her expertise includes managing complex software implementations, overseeing diverse projects, driving process improvement initiatives, and defining detailed requirements. She has dedicated 8 years to local and state government and 5 years to the non-profit sector. Jamie is also highly skilled in developing Statements of Work (SOW) and Requests for Proposals (RFP) documents, ensuring clarity and precision in project scopes and vendor engagements.
Before joining Plante Moran, Jamie held pivotal roles as a national vendor's PMO and Implementation Manager. In these positions, she specialized in public sector software implementations, including Enterprise Resource Planning (ERP), Community Development, Environmental Health, and Asset Management solutions. Her leadership in these areas has consistently delivered successful outcomes, enhancing operational efficiencies and service delivery for numerous public sector clients.
My experience includes the following:
• Project management: She has successfully led and delivered numerous projects across various sectors. She has a proven track record in managing software implementations, driving process improvement initiatives, and defining detailed project requirements. Her expertise also extends to developing comprehensive Statements of Work (SOW) and Requests for Proposals (RFP) documents, ensuring clear and precise project scopes. She excels in coordinating cross-functional teams, fostering collaboration, and consistently achieving project milestones within budget and on schedule, which reassures stakeholders about her efficiency.
• Business process improvement: She has extensive experience in business process improvement, having led numerous initiatives to identify and resolve inefficiencies and enhance operational performance. Her approach involves conducting thorough, data-driven analyses to optimize workflows and develop strategic plans that streamline processes, resulting in significant cost savings and productivity gains. She collaborates closely with cross-functional teams to ensure the seamless integration of new methods, fostering a culture of continuous improvement. Her experience in driving process improvement initiatives instills confidence in her ability to optimize workflows and enhance operational performance.
• ERP implementation assessment and assistance: Her expertise includes overseeing the entire lifecycle of ERP projects, from initial planning and requirements gathering to system configuration, testing, and deployment. She has a proven track record of collaborating with stakeholders to ensure that ERP solutions align with organizational goals and improve operational efficiency. Her ability to manage cross-functional teams and mitigate risks has consistently resulted in successful ERP implementations that drive business growth and efficiency.
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Select key clients:
− State of Washington
− Eastern Municipal Water
District, CA
− Nassau County
− Placer County Water District
Authority, CA
− Stanford Linear Accelerator
Lab, CA
− Montgomery County
− Glendale, CA
− Sunnyvale, CA
− Fort Smith, AR
− Raleigh, NC
− Edina, MN
− Bulloch County, GA
− La Habra, CA
− King County, WA
Professional affiliations and licensure: Certified Change Management Professional (CCMP) and Project Management Institute (PMI) member.
Fun fact: She is a modern-day explorer with a refined palate. Whether hiking in the mountains, pitching tents, sipping fine wine, or hunting down the next culinary gem, she is always on an adventure.
Client success story: A large municipality she worked with needed a modern solution to manage its permitting and land management processes more efficiently. Her team was engaged to implement a system tailored to their unique requirements. Through detailed planning and close collaboration with city officials, they successfully managed the project from initial requirements gathering to system deployment.
The new system streamlined their processes, improved workflows, and enhanced data accuracy and accessibility. This resulted in faster approvals, better resource management, and improved service delivery to residents and businesses. They also provided comprehensive training to city staff, ensuring they could effectively utilize the new system.
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Brian Pesis
Firm Role: Public Sector Consulting Principal | Project Role: California Municipal Strategy Advisor
Role: As the California Municipal Strategy Advisor, I will be responsible for connecting your team with my clients at peer California municipalities who have overcome similar challenges and obstacles. Through my extensive west coast client network with my significant California client base, I’ll offer guidance on your team’s project strategy, provide input based on my client experiences and vendor relationships.
Experience: I have spent over a decade working exclusively with public sector organizations on complex technology and process improvement initiatives. I lead our team’s west coast consulting efforts, focusing on helping government and public utility organizations. In all projects, I focus on facilitating business process improvement, as well as connecting clients facing similar obstacles. • West Coast focus: As the leader of our team’s west coast consulting services, I help lead technology and business process improvement projects across the western United States. This provides me with a deep understanding of trends and obstacles in the region, and a network of organizations in similar initiatives that can share lessons learned and tested solutions. • Software advisory and implementation: I guide clients through projects for key enterprise systems, including ERP (Financial/HR), CIS/UB (Customer Information Systems or Utility Billing), and EAM (enterprise asset management) solutions. I help assess the current environment, recommend a future strategy, facilitate process improvement, and guide the selection and contracting process. During implementation, I work with your organization to help manage the project, mitigate risks, keep stakeholders accountable, and support your team with our experts. • Technology assessment and planning: When there is a need to assess your organization’s overall technology environment, I will help our team work with your leadership team to understand your business needs and desired strategic outcomes. I will help our team meld operational needs with strategic goals to develop a realistic plan to guide your investment in technology in coming years.
Select key clients: Clients served include:
− City of Concord, CA
− City of Cupertino, CA
− City of Daly City, CA
− City of Greeley, CO
− City of Milpitas, CA
− City of Mountain View, CA
− City of Ontario, CA
− City of Petaluma, CA
− City of Philadelphia, PA
− Irvine Ranch Water District, CA
− City of Pomona, CA
− City of San Mateo,
− City of Santa Maria, CA
− City of South San Francisco,
CA
− Contra Costa Water District,
CA
− County of El Paso, CO
− County of Garfield, CO
− County of Gwinnett, GA
− Las Vegas Convention and Visitors
Authority, NV
− Left Hand Water District, CO
− Marin County, CA
− Mesa Water District, CA
− Metro Water Recovery, CO
− Placer County Water Authority, CA
− Santa Margarita Water District, CA
− Truckee Meadows Water
Authority, NV
Professional affiliations: Association of California Water Agencies (ACWA), California Society of Municipal Finance Officers (CSMFO) and Colorado Government Finance Officers Association (CGFOA), GovAI Coalition, Municipal Information Systems Association of California (MISAC).
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E. Subconsultants
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If any part of the work described in the proposal is to be provided by subconsultants provide a description of each subcontractor’s role, previous joint ventures with the subcontractor, and their experience.
No part of the work described in the proposal is to be provided by subconsultants.
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F. Organizational Chart
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The following organizational chart is proposed for the project:
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G. References
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References
City of Ontario, CA
Colin Fernandes
Executive Director IT
303 East B Street
Ontario, CA 91764
909-395-2118
[email protected]
Citywide Software Assessment
Assisted the City in an assessment of its current software environment and future state recommendations. This included a discovery process consisting of meeting with ten different Agencies at the City and reviewing provided documentation for each of these Agencies. We then analyzed this information and provided it in an assessment report and a Citywide software assessment consisting of over 300 applications tracking key details for each application. The report included strategic guidance around governance, policy, and software support, as well as softwarespecific recommendations grouped based on our future strategy.
City of Daly City, CA
Tim Nevin
Acting Assistant City
Manager/ Director of Finance
and Administrative Services
333 90th Street
Daly City, CA 94015
650-991-8040
[email protected]
Economic & Community Development Department Business and Technical Process Assessment & Advisory Services
The City of Daly City engaged Plante Moran to conduct an independent assessment of the City’s Economic and Community Development Department business processes and technology. As part of this engagement, Plante Moran’s team facilitated interviews with internal City stakeholders, hosted external stakeholder focus groups, and led process mapping workshops to gain a comprehensive understanding of current operations. Based on these activities, Plante Moran delivered a set of recommendations and a strategic roadmap aimed at enhancing both short- and long-term service delivery. Key areas of improvement included identifying barriers to effective customer service, streamlining building permitting and planning workflows, establishing strategies to measure and meet service level expectations, and optimizing the permitting system and online application portal. Following the completion of the assessment, the City retained Plante Moran to advise on the implementation of key recommendations and help guide the execution of improvement initiatives.
Eastern Municipal
Water District, CA
Thomas Hays, Assistant Chief
Financial Officer
951-928-3777 x4952
[email protected]
Armando Arroyo,
Development Services Director
951-928-3777 ext. 4480
[email protected]
ERP and DSMS System Selection Services
Plante Moran assisted the Eastern Municipal Water District (EMWD) with its selection of a new Enterprise Resource Planning (ERP) system and Development Services Management System (DSMS). These advisory services included the design of a cross-departmental selection team including stakeholders from across the District’s operations including Finance, Payroll, Human Resources, Development Services, Engineering, Operations, Wastewater Source Control, and other key stakeholders. The two-step selection process included defining and validating requirements with EMWD stakeholders through a Request for Information (RFI) process to competitively assess ERP and DSMS solutions. The second step involved an RFQ process to evaluate system integrator approaches for solution delivery. Plante Moran’s team developed total cost of ownership analyses, vendor solution requirements analyses, and subject matter expertise to support the District’s contract negotiations with the recommended vendors.
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Village of Arlington
Heights, IL
Diana Mikula
Assistant Village Manager
33 South Arlington Heights Rd
Arlington Heights, IL 60005
847-368-5131
[email protected]
Enterprise Resource Planning (ERP) and Land Management
System Needs Assessment, System Selection, Contract
Negotiation, and Implementation Services
Conducted a comprehensive Enterprise Resource Planning (ERP) needs assessment and selection project for the Village to replace legacy applications within multiple lines of business, including financials, human resources, and community development. This project included interviewing process owners and end-users, developing current and future state process maps, identifying gaps and opportunities for improvement, developing functional and technical requirements, creating and releasing an RFP, analyzing proposals, and negotiating the contract and statement of work with the Village’s selected vendor, Tyler Technologies (EERP, UB, EPL/EnerGov, MyCivic/Enterprise Service Request).
City of Pomona, CA
Sam Wong
Innovation and Technology
Director
505 S. Garey Ave
Pomona, CA 91766
909-620-2442
[email protected]
ERP System Selection
Plante Moran assisted the City of Pomona with an ERP assessment and selection project. This project began with a need to complete the planned scope and reach contract signing by the end of the 2024 calendar year to secure funding, which was successfully met. The assessment included 20+ onsite interviews with process owners, departments, and City leadership to understand current gaps, needs for a future system, and more. As part of the assessment phase, Plante Moran documented observations and opportunities for improvement and developed an ERP needs assessment report that included action items for the City to focus on prior to, during, and after the implementation of a new system.
The selection component of the project included development of functional and technical requirements, creation and distribution of the RFP, and guidance through the proposal review and analysis process. We guided the City through the procurement process, which included vendor demonstrations and additional due diligence to make a vendor selection.
Following the selection of a finalist vendor, Plante Moran supported the City with contract negotiations and statement of work development. The Plante Moran team is currently providing the City with implementation advisory support through 2026.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 57
City of West Palm
Beach, FL
Melissa Corrales
Management Analyst
Development Services
Department
401 Clematis Street
West Palm Beach, FL 33401
561-822-1455
[email protected]
Robert Brown
Building Official,
401 Clematis Street
West Palm Beach, FL 33401
561-805-6652
[email protected]
Development Services Assessment, Selection, Contract
Negotiation and Implementation Management Services
The City competitively selected Plante Moran to conduct an independent evaluation and documentation of all Development Services business processes to ensure that the City is following best practices and effective organizational management. This included conducting business process mapping and findings from onsite interviews, background research, and process discovery sessions with over 120 staff in twelve (12) different departmental service areas comprised of department heads, subject matter experts, end users, and executive project committee members.
Subsequent to the process mapping work, we then assisted the City in the procurement of a new Community Development Solution.
Activities included RFP development, proposal analysis, vendor due diligence, negotiation of a contract with the selected vendor, and implementation assistance
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 58
Additional relevant client experience
In addition to our clients listed in our references, we’d like to showcase additional recent client experience serving local government agencies to assess, optimize, and implement improvements supporting the development review lifecycle in the case studies hyperlinked below.
Case studies
When a city rolled out its replacement digital
permitting, licensing, and code enforcement
system, service levels were significantly reduced,
and application delays increased in number and
length. The city retained us to prepare an
assessment and plan of action to stabilize the
new system and improve customer service
delivery. Through our recommendations, and as
project manager for the configuration
enhancements, we increased processing speeds
and improved the digital experience for the
city’s customers.
When a Florida community made technology
investments in response to an unprecedented
amount of permitting and licensing activity, they
retained our government technology and
operations consulting team. We performed an IT
assessment and designed a roadmap for
stabilizing the new system. In the wake of a
major hurricane, our digital permitting system
stabilization strategy and plan of action
supported the community’s response and
recovery efforts.
We are happy to provide additional background on Plante Moran’s land management/permitting process and system improvement engagements featured in the table below.
Client name Project title Project date
City of Mountain View, CA Land Management System Needs Assessment and System Selection Advisory Services
2025 - ongoing
Irvine Ranch Water District, CA Permitting System, CIS System, and ERP System Selection & Advisory Services
2025 – ongoing
City of Marco Island, FL Permitting System Assessment and Optimization Services 2023 – 2024 City of Daly City, CA* Economic & Community Development Department Business and Technical Process Assessment & Advisory Services 2024 - ongoing Eastern Municipal Water
District, CA*
Development Services Management System Assessment and
System Selection Services
March 2022 - July
2024
County of Seminole, FL Permitting Software Needs Assessment & Selection 2021-2025 City of South San Francisco, CA ERP System Selection (Permitting, Planning, Code) 2023-2024 City of Doral, FL Software (Tyler EnerGov/EPL) Stabilization Services 2021-2025 City of Cape Coral, FL Community Development Software Assessment Services including EnerGov EnerGov/EPL Stabilization 2022
Village of Arlington Heights, IL* ERP System Assessment, Selection, and Implementation Advisory Services (Permitting, Code Enforcement, Utilities) 2019-2024 Collier County, FL Mapping & Documentation of Core Business Processes – Growth Management Department: Development Services 2018 – 2019 City of West Palm Beach, FL Development Services Assessment/Implementation Strategy 2017 –2023 City of Sunnyvale, CA Permitting System Business Process Analysis & Enterprise Land Management System Selection Services 2017 –2019
City of Bend, OR Community Development Business Process Review Services 2017 – 2017
READ MORE
READ MORE
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 59
H. Contract Terminations
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 60
If your organization has had a contract terminated in the last five (5) years, describe such incident. Termination for default is defined as notice to stop performance due to the Consultant’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Consultant, or (b) litigated and such litigation determined that the Consultant was in default. Submit full details of the terms for default including the other party’s name, address, and phone number. Present the Consultant’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the experience.
We take great pride in the quality of services we provide for our clients. Our client satisfaction scores demonstrate a consistent and long-standing pattern of satisfying clients. While any firm with the history, technical depth, and national reach of Plante Moran will experience termination of an engagement from time to time, Plante Moran’s experience with termination of engagements Is exceedingly rare. Plante Moran believes that the infrequency of terminations reflects Plante Moran’s commitment to quality and doing the right thing for its clients and staff. Plante Moran does not disclose information about specific client engagements..
If the organization has not experienced any such termination for default or early termination in the past five (5) years, so indicate.
None.
Consultants, their principals, or subcontractors may not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any regulatory agency.
None.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 61
I. Conflict of Interest Disclosure
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 62
The Proposer must disclose any finder’s fees, fee splitting, payments to consultants, or other contractual arrangements of the proposer which constitute a real or perceived conflict of interest.
Plante Moran does not have any conflicts of interest to disclose.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 63
J. Pricing Methodology
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 64
Overview of pricing methodology
Plante Moran is proposing the fixed-fee payment schedule based upon the performance of tasks as outlined in Section B: Project Workplan in our proposal.
The fee schedule in Section K represents the professional services fees identified within the work plan and fee assumptions sections of our proposal. Our fees include travel costs for onsite services designated in our Project Workplan.
Project assumptions
Plante Moran’s fees for the engagement described in the project approach section are based upon the assumptions listed below. Should these assumptions change, we would adjust our professional fees accordingly, in consultation with the City.
Project Resources and Governance
1. The City will assign appropriate qualified staff to key project roles and maintain consistency of its resources during all phases of the engagement.
2. The City will assign a project manager for all phases that will work directly with Plante Moran staff.
3. The professional services fees are predicated on the division of roles and responsibilities between the City and Plante Moran staff.
4. The City executive sponsorship represents all business areas and actively serves the needs of the project throughout its duration.
5. The City will assist PM with the identification of appropriate City staff as part of the stakeholder analysis.
6. A project management or governance structure is developed and meets on a regular basis to discuss project issues and manage change requests that could impact schedule, resource commitments, and/or the quality of results.
7. The City staff resource(s) are available to assist with the identification of the City staff to participate in interviews and other meetings and to determine the City staff availability for such meetings.
8. Project risks are immediately documented with proactive mitigation strategies.
9. The City data and information will be provided to Plante Moran in a reasonable format and timeframe requested.
10. The City staff are available for interviews as scheduled by Plante Moran and the City’s project manager.
11. Project status meetings will be conducted remotely and occur no more than once weekly with the City’s project manager.
12. Project decisions will be made by the City in a timely manner so as not to delay the adopted, detailed project plan and schedule.
13. The City stakeholders are open to considering business process changes and are willing to share their experiences surrounding current process challenges and desires for the future-state processes, in addition to those presented by Plante Moran for consideration.
14. Stakeholders are represented at the appropriate level so that all needs of the City are thoroughly defined, documented, and understood for the purpose of gaining acceptance of proposed changes.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 65
Project Plan and Schedule
1. Phase A project activities will be remotely initiated on or after August 1, 2026 with onsite activities beginning on or after September 1, 2026.
2. All project activities will progress according to the final accepted, detailed project plan and schedule, unless both parties mutually approve changes.
Service Delivery
1. Plante Moran will deliver all services for all engagement phases remotely unless onsite services are specified in our proposal’s workplan and mutually agreed upon. a. The City reserves the right to request on-site activities. Any onsite work will be performed only in accordance with government regulations as well as Plante Moran’s and the City’s onsite work policies.
b. All onsite work will occur during Monday – Thursday excluding recognized holidays unless an alternative working schedule is mutually agreed. c. Travel fees and expenses for all onsite activities explicitly identified in the Section B:
Project Proposal Workplan, are included in the fixed-fee of our proposal. d. Any additional onsite travel for services not detailed in our Project Workplan will be preapproved and be invoiced at a fixed-fee of $1,995 per day or $2,975 per week per staff member.
e. All on-site work activity will be confirmed at least three weeks prior to the agreed-upon travel date; any travel change fees incurred after such date will be expensed to the City at cost.
2. Our findings and observations are derived from the documents reviewed, site visits, and interviews conducted. Our reporting is solely based on the information obtained through this process and will not be validated by other means.
3. There will be a single draft-to-final process for each deliverable.
4. The City will have ten working days, or other numbers of days, as mutually agreed upon in the project schedule to approve or provide comments on all interim, draft, and final deliverables; all resulting delays may affect the project schedule and fees.
Compensation
1. We anticipate billing the City monthly for services rendered in the prior month. Fees identified according to the tasks listed can be reallocated to different tasks to meet the needs of the project in consultation with Plante Moran to provide greater flexibility at the City’s option.
Project Scope Assumptions
1. For Phase B: Future State Analysis and Documentation, Activity B.1, Plante Moran will prepare up to 16 process maps for the City within our fixed fee. At the City’s option, additional process maps can be added through a contract amendment at a fixed-fee per additional process map.
2. For optional Phase C: System Requirements Development and RFP Creation services our pricing assumes:
(1) The City will begin Phase C services on or before 3/01/2027. (2) The City will use Plante Moran’s templates for pricing, specifications, forms, and terms and conditions as part of its RFP for an LMS solution to expedite its proposal analysis. (3) We will assist the City negotiate one (1) contract agreement for a combined software vendor and professional implementation services integrator. (4) Remote participation in vendor pre-bid meeting.
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 66
3. For Phase D: Proposal Evaluation and Review services our pricing assumes:
(1) Plante Moran will perform a proposal analysis on a maximum of eight (8) vendor proposals with an additional cost of $2,000 for the review of each additional vendor proposal.
(2) Onsite attendance for finalist vendor demonstrations and interviews will include a maximum of 2 consecutive days in a single week for the LMS Base Scope. (3) Following vendor demonstrations and interviews, Plante Moran will facilitate up to three (3) meetings with the City’s system selection committee and work to facilitate the committee’s consensus based on the selection process and criteria identified in the City’s RFP. Plante Moran can optionally provide additional support to the City to aid in the decision process, however additional support will be invoiced in addition to the fixed fee. (4) The City may perform additional due diligence activities on its own in addition to those defined in the Plante Moran consulting engagement.
(5) Our proposed project approach anticipates that project activities through Phase D activities by April 30, 2027. If the City wishes to retain our assistance past this date, the City will pay a monthly fixed fee for services of $5,000 effective on March 1, 2027, invoiced monthly, for up to 16 hours of services per month. This fixed fee will be effective for a consecutive monthly period until the project scope is complete or the City provides 30 days advance notice to PM of its intent to discontinue PM services.
4. For Phase E: Contract Negotiation Services, our pricing assumes we will assist the City negotiate one (1) contract agreement including a software vendor and vendor implementation integrator. (1) Our pricing assumes 60 hours of vendor statement of work review is anticipated for the Base LMS Services in this agreement.
5. Phase E: Software implementation project management will be priced separately after a vendor / system integrator has been selected by the City. This Phase and other optional activities can be requested by the City during the project, at which time we will separately provide the City with our fees for those services.
6. Plante Moran offers many other complementary services to its public sector clients. While such services are not included in our professional services, they can be requested at any time by the City. Such services include:
− Financial staff backfill support
− Software systems optimization for software other than the LMS System
− Internal control review or internal audit program
development
− Segregation of duties analysis / software application controls review
− Project management training
− Cybersecurity assessment or penetration testing
− Grants consulting
− Information Technology
program assessment or strategic
planning
− IT infrastructure design
− Data integration assessment
− Data/business analytics
− Project management training
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 67
K. Pricing
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 68
Pricing by phase
Core Work Plan Phases Service Fees
Phase A: Current State Analysis and Documentation $ 80,600 Phase B: Future State Analysis and Documentation $ 30,020 Phase C: System Requirements Development & RFP Creation $ 39,370 Total Core Services $ 149,990
Optional Work Plan Phases Service Fees
Phase D: Proposal Evaluation & Review (Optional) $ 69,660 Phase E: Contract Negotiation (Optional) $ 18,600
Phase F: Software Implementation Project Management (Optional) Option 1: 30-Hour Implementation Project Management Monthly Support Block $9,000/month Option 2: 40-Hour Implementation Project Management Monthly Support Block $12,000/month Option 3: 60-Hour Implementation Project Management Monthly Support Block $17,000/month Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 69
L. Deviations from the RFP
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 70
• Explanation must be provided for proposed deviation from any requirement specified in this RFP.
Plante Moran has contracted with hundreds of local governments based on their procurement ordinances and related unique local requirements. We have reviewed the contract terms and conditions, and the sample professional services agreement included in the City’s RFP. Through our review, we have identified the following items to which we would take exception, in the absence of an interactive discussion with the City to allow both parties to reach a mutual understanding of one another’s perspective. Should Plante Moran be fortunate enough to be elevated to a preferred finalist consultant in the City’s selection process under this RFP, we would expect to address these items with the City’s contracting team.
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PAGE SECTION PLEASE MODIFY AS FOLLOWS RATIONALE
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, to the extent caused by the negligent arising out of or in connection with the alleged or actual acts, errors, or omissions or negligence of Consultant or its subcontractors relating to in 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 acts or omissions, 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.
Plante Moran can agree to
indemnify the City in proportion
to Plante Moran’s fault, if any.
20 Exhibit B,
1(i)(a),
first
sentence
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, two million dollars ($2,000,000) general aggregate, and one million dollars ($1,000,000) products and completed operations aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability subject to exclusions and policy limitations.
The contractual liability
coverage is subject to policy
limitations and exclusions.
20 Exhibit B,
1(ii), first
sentence
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 combined single limit of no less than one million dollars ($1,000,000) per accident.
Plante Moran’s automobile
liability insurance has a
combined single limit of
$1,000,000 and covers nonowned and hired autos only.
Plante Moran does not own any
autos.
20-21 Exhibit B,
1(iv)(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 Plante Moran does not agree
that insurance in excess of the
Services related to the implementation of a New Land-use/Permitting system City of Tulare, CA PLANTE MORAN | 71
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PAGE SECTION PLEASE MODIFY AS FOLLOWS RATIONALE
first two
sentences
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.
required limit is available to the
additional insured.
21 Exhibit B,
1(iv)(c),
first two
sentences
All self-insurance, self-insured retentions, and deductibles must be declared and approved by to the City.
Plante Moran does not disclose
self-insured retentions to third
parties.
21 Exhibit B,
1(iv)(e)
Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California except for the professional liability insurer. Insurers must have and with an AM Best rating of A- VII or higher.
Plante Moran’s primary
professional insurance is
underwritten through Lloyd’s of
London. Lloyd’s of London
operates on a non-admitted
basis in the United States, but
Lloyd’s syndicate’s nonadmitted status does not affect Plante Moran’s coverage in any
of the United States.
Mark Warner
Engagement Partner
248-223-3799
[email protected]
We look forward to working with you.
Please contact us with any questions.
Christopher Blough
Project Director
248.223.3209
[email protected]
Exhibit B – Insurance Requirements
CSJVRMA Category 1 Non-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, two million dollars ($2,000,000) general aggregate, and one million dollars ($1,000,000) products and completed operations aggregate for bodily injury, personal injury, and property damage, including without limitation, 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 allow and be endorsed primary and shall not seek contribution from the City’s coverage, and shall 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 non-owned, and hired autos with a combined single limit of no less than one million dollars ($1,000,000) per accident. The policy shall be endorsed to name the City and its officers, officials, employees, and agents shall as additional insureds. Coverage shall provide and be endorsed with a waiver of subrogation in favor of the City. If the Consultant does not own any autos, coverage for non-owned and hired autos shall be provided. 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) each accident or disease. Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Proof of Worker’s Compensation is not required if Consultant provides written verification that they have no employees.
iv. 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. If a carrier will not provide the required notice of cancellation, the Consultant shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.
c. Contactor shall be solely responsible for the full payment of all self-insurance, self-insured retentions, and deductibles.
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 or approved in the State of California and with an AM Best rating of A- VII or higher. v. 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.
City of Tulare, CA
RFP 26-850 Services related to the implementation of a new land-use/permitting system