Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, March 6, 2023
ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.
Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
1. Receive presentation regarding the update on the release of the Draft Agricultural Preservation Ordinance, provide an overview of the ordinance, and to receive input from the City Council and community. Public comments pertaining to the Draft Agricultural Preservation Ordinance may be submitted to the City in writing until March 27, 2023.
23-0076
Draft Agricultural Preservation Ordinance_02_24_2023
Visalia APO CC WS2
Attachments:
2. Receive a project update on the status of the East Side Regional Park’s (ESRP) Environmental Impact Review process and related Groundwater Recharge Capital Improvement Projects (CIP). 23-0053
ESRP Location Map
ESRP Master Plan - Concept B1
ESRP Presentation
Attachments:
1 City Council Meeting Agenda March 6, 2023
ADJOURN TO CLOSED SESSION - 6:00 PM (No Closed Session Items Scheduled for March 6, 2023)
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEMS OF INTEREST
PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.
Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Authorization to read ordinances by title only. 23-0063
2. Authorize the City Manager to award ( 2) separate sole source five (5) year service contracts with Axon Enterprise Inc. located in Scottsdale, Arizona in the amount of $ 374,414 & $ 11,885 to provide the Visalia Police Department with 134 software licenses for Automatic License Plate Readers (ALPR) and one ( 1) Mobile Audio/Video System (MAVS); and to appropriate a total of $ 62,604 for FY 22/23 and $ 70,068 FY 23/24. Installation and payment to take place over 5 years.
22-0463
ALPR Quote (1) Final
ALPR Quote (2) Final
AXON MAVS AGREEMENT
Attachments:
2 City Council Meeting Agenda March 6, 2023
3. Authorize the City Manager to award a contract to purchase seven (7) diesel-powered solid waste trucks to E .M. Tharp of Porterville, CA. through the Sourcewell Cooperative contract for a total purchase price of $ 2,770,743 and appropriate an additional $329,447 from the Solid Waste Enterprise Fund (441).
23-0023
Side Loader Diesel Quote
Front Loader Diesel Quote
Roll Off Diesel Quote
Side Loader CNG Quote
Front Loader CNG Quote
Roll Off CNG Quote
Sourcewell Pricing - Peterbilt
Sourcewell Pricing - Heil
Sourcewell Pricing - New Way
Attachments:
4. Authorize the City Manager to approve contract change order number 1 and 2 for construction of the Downtown Streetlight Project ( 1410-72000/CP0345-999) in an amount totaling
$242,706.45 and contract change order number 1 for the
construction of the Downtown Pavement Rehab Project
(2390-72000/CP0373-999) in the amount of $248,959.18.
23-0041
Ownership Disclosure_A-C ElectricAttachments:
5. Consideration of a Mural Application request from Leadership Visalia for one mural proposed on the south-facing facade of the Valley Strong Stadium (Rawhide ballpark) located at 300 North Giddings Street, together with a request for the City Council to authorize allowing placement of a mural on City-owned property. 23-0058
Attachment 1 - Application
Attachment 2a - Rendering left
Attachment 2b - Rendering center
Attachment 2c - Rendering right
Attachment 3 - Elevation of wall with mural
Attachment 4 - Elevation of wall
Attachment 5 - Draft Mural Agreement
Attachment 6 - Mural Guidelines
Attachments:
6. Authorize the Visalia Police Department to apply for the 2023-2024 California Department of Alcoholic Beverage Control (ABC) Grant program for up to $ 100,000 and submit the grant application by April 3, 2023.
23-0064
ABC 2023 Grant GuidelinesAttachments:
3 City Council Meeting Agenda March 6, 2023
7. Award RFB- 21-22-34, a one-year contract for Publishing Legal Advertisements to Visalia Times Delta in an amount not to exceed $90,000.
23-0072
RFB-21-22-34 Legal Ad Publishing
RFB-21-22-34A1
Bid Evaluation RFB-21-22-34
DRAFT CONTRACT
Attachments:
8. Consider approval of 2023 Water Management Plan submitted by Kaweah Delta Water Conservation District to the City of Visalia. 23-0074
VWMC - 2023 ANNUAL PLAN (Un-Approved)Attachments:
9. Request authorization to file a Notice of Completion for the Quintana De Oro subdivision containing 14 single-family residential lots located at the intersection of North Linwood Street and West Delaware Avenue.
23-0075
Aerial Map
Final Map
Development Disclosure
Attachments:
10. Second reading and adoption of Ordinance 2023-01 authorizing the sale of approximately 367 square feet to the State of California as part of Caltrans project to rehabilitate State Route 216, Lovers Lane and East Millcreek Parkway.
23-0077
Legal Description
Location Map
Draft Ordinance APN 103-260-004
Attachments:
REGULAR ITEMS AND PUBLIC HEARINGS (No Regular Items Scheduled for March 6, 2023)
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
CLOSED SESSION REPORT (None)
ADJOURNMENT
4 City Council Meeting Agenda March 6, 2023
1. UPCOMING CITY COUNCIL MEETINGS:
Monday, March 20, 2023 @ 7:00 p.m., 707 W. Acequia.
Thursday, March 23, 2023 @ 6:00 p.m., Special Joint Meeting w / VUSD and COS, 915 S. Mooney, Porter Field House.
Monday, April 3, 2023 @ 7:00 p.m., 707 W. Acequia.
Note: Meeting dates /times are subject to change, check posted agenda for correct details.
In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call ( 559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired - Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.
Any written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours. 22-0467
5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0076 Agenda Date: 3/6/2023 Agenda #: 1.
Agenda Item Wording:
Receive presentation regarding the update on the release of the Draft Agricultural Preservation Ordinance, provide an overview of the ordinance, and to receive input from the City Council and community. Public comments pertaining to the Draft Agricultural Preservation Ordinance may be submitted to the City in writing until March 27, 2023.
Deadline for Action: 3/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Community Development Director, (559) 713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends that City Council receive an update on the Draft Agricultural Preservation Ordinance and project timeline. The report and presentation are informational only and no direct action is required.
Summary:
The City Council directed staff to prepare an Agricultural Preservation Ordinance to implement the Agricultural Mitigation Program, as outlined in General Plan Policy LU-P-34. The adoption of the Agricultural Preservation Ordinance (APO) is a necessary step for projects in the Tier II and Tier III growth boundaries to move forward. Based on direction received from the City Council at their December 5th, 2022, Work Session, staff along with the City’s consultant, has prepared a draft ordinance that has been posted on the City’s APO webpage for a 30-day public review period ( <https://www.visalia.city/depts/community_development/planning/agricultural_preservation_ordinanc e.asp>). Public comments pertaining to the draft ordinance may be submitted to the City in writing until March 27, 2023.
Overview of the Agricultural Preservation Ordinance:
On February 24, 2023, the Draft APO was publicly advertised for review on the City’sAPO website.
The purpose and intent of the ordinance is to implement the goals of the City of Visalia General Plan and address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program and to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of this ordinance.
A brief summary of the items contained in the Draft APO, including items discussed at the December 5, 2022, Work Session meeting are as follows:
Articles 1 General Provisions: “Title, Purpose and Intent, Objectives, Interpretation of Provisions, Visalia City Council Printed on 3/3/2023Page 1 of 4
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Definitions”
This section contains the purpose of the APO, which is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects. The interpretation section establishes a procedure to address and record interpretations by the Community Development Director, and also establishes a procedure for code interpretations by the Community Development Director to be appealed to the City Council as defined in Section 18.04.040.D.
Article 2 Program Requirements: “Applicability, Preservation Requirement” The section addresses which projects are subject to the APO (i.e., projects that would result in the conversion of prime farmland or farmland of statewide importance), but also identifies which projects would be exempt or excluded, as directed by Council. As an example, a project exempt from the APO would include “a project or portion thereof, located on lands that are not within the Tier II Urban Development Boundary or the Tier III Urban Growth Boundary”. In addition, a project(s) of five acres or less in gross area. However, additional language related to the five-acre exemption is included to disallow the use of this exemption if it finds that the subject property has been subdivided into five- acre or smaller parcels in whole or in part to avoid the preserved land obligation. This is covered under Section 18.04.060.B of the Draft APO.
Examples of Exclusions identified in the draft ordinance include acreage not designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP), affordable housing projects, public facilities, etc., (see Section 18.04.060.C).
Article 3 Methods of Preservation: “Acquisition of Agricultural Conservation Easement, Payment of In -Lieu Fee”
Article 3 covers the two methods of preservation, conservation easement, which is the preferred method, and the “in-lieu”fee method. Eligibility for the easement method includes a preference for land to be within 10 miles of City limits but allows for easements within the five-county area. If an easement cannot be found within 10 miles of City limits, written confirmation from a certified land trusts is required stating that there is no land within 10 miles or that there is no willing seller. Upon submitting this documentation, the developer/project proponent then may proceed with seeking an easement within the five county area. Other provisions of this section include preserved land shall be a minimum of 20 contiguous acres in size, preserved land shall be zoned and planned for agricultural uses, have at least one water source, etc.
In addition, the form and terms of the easement shall be approved by the City Council to ensure consistency with the ordinance terms and requirements. Subsequent easement form reviews, which were initially approved by the City Council, may permit the Council to authorize a designee to review and confirm future easements. This provision is addressed in Section 18.04.080.D of the Draft APO.
However, in the event an easement cannot be obtained as specified in Section 18.04.080, a developer/project proponent may seek the payment of an “in-lieufee”.Use of the in-lieu fee is subject several factors as identified in Section 18.04.090 of the Draft APO. A brief overview of the standards for the use of an in-lieu fee are as follows:
· Total preserved land obligation is less than 20 acres. · If land obligation is 20 acres or more, the applicant must demonstrate at least one of the Visalia City Council Printed on 3/3/2023Page 2 of 4
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7 File #: 23-0076 Agenda Date: 3/6/2023 Agenda #: 1.
following to the satisfaction of the City:
o No qualified entity exists.
o No qualified entity is able or willing to assist with the acquisition (confirmed in writing by the qualified entity).
o Working with a qualified entity, the applicant has made at least one good faith offer to purchase an easement, but any such offer has been declined.
The in-lieu fee will be determined on a case-by-case basis and shall include:
· Purchase price = 35% of the average purchase price per acre of three comparable lands, confirmed through an appraisal report
· Transaction costs = closing costs, due diligence, administrative costs · Endowment cost = establishment of an endowment for ongoing monitoring, administration, enforcement
· A reasonable amount to cover additional contingencies.
The in-lieu fee section also requires the City Council to approve the amount of the fee, and payment of the fee will be directly from the project proponent to the qualified entity. Please note, use of the in- lieu fee method limits the acquisition of easements within Tulare County only (see Section
18.04.090.D Use of Fee).
Article 4 Monitoring and Compliance: “Qualified Entity, Compliance Review, Severability” Article 4 addresses “qualified entities”, and identifies qualifications for entities to be considered including:
· Entity must be a nonprofit public benefit corporation, operating within the state of California. · Qualified to hold conservation easements under California Civil Code section 815.3. · Must be approved by the City Council for the purpose of holding and managing agricultural conservation easements.
In addition, monitoring and reporting by approved qualified entities is required annually. Such reporting shall be submitted to the City by February 1st and shall include:
• Accounting of the previous calendar year, including acquisitions and associated costs. • Actions taken to enforce easements.
• Accounting of the amount and use of administrative and in-lieu fees. • Confirmation of accreditation status.
Next Steps:
The Draft APO is available for a 30-day public review period. Public comments pertaining to the draft ordinance may be submitted to the City in writing until March 27, 2023. Input received during the public comment period will be considered in preparing the APO for public hearing. Staff anticipates the introduction and first reading of the APO to occur May 2023 with the ordinance taking effect June 2023.
Fiscal Impact:
On September 19, 2022, the City Council authorized the City Manager to award a contract to Provost Visalia City Council Printed on 3/3/2023Page 3 of 4
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8 File #: 23-0076 Agenda Date: 3/6/2023 Agenda #: 1.
On September 19, 2022, the City Council authorized the City Manager to award a contract to Provost & Pritchard Consulting Group of Visalia, CA for the preparation of Agricultural Preservation Ordinance in amount of not to exceed $150,000. Staff is also seeking if the allocated SB 2 Planning Grant monies can be used for the preparation of this ordinance.
Prior Council Action:
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’sconsideration ahead of a future adoption of an Agricultural Preservation Ordinance to implement the City’sAgricultural Mitigation Program as outlined in General Plan Land Use Policy LU-P-34.
· On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request to by the City of Visalia to amend language to General Plan Land Use Policy LU-P- 34 by removing the requirement for properties converting farmland within Growth Tiers II and III to enter into an Agricultural Mitigation Program (AMP).
The adoption of the resolution to rescind the adoption of Resolution No. 2021-44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’sapproval to General Plan Amendment (GPA) No. 2021-01 and the related certification of an addendum to a previously certified environmental impact report (EIR).
Other: None.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
No motion is needed for this work session item. This report and presentation are informational only, all comments received will be collected and reviewed.
Environmental Assessment Status:
No environmental assessment required at this time. The adoption of an APO will require CEQA documentation to be completed by City staff.
CEQA Review:
Not at this time. The adoption of the APO will require CEQA documentation to be completed by City staff.
Attachments:
1. Draft Agricultural Preservation Ordinance
2. PowerPoint Presentation
Visalia City Council Printed on 3/3/2023Page 4 of 4
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Visalia Municipal Code
Title 18. Agricultural Land Preservation
Chapter 18.04. Agricultural Land Preservation Program
Article 1. General Provisions
Section 18.04.010 Title
This chapter may be cited as the “Agricultural Land Preservation Program” of the City of Visalia.
Section 18.04.020 Purpose and Intent
A. The provisions of this chapter are established to implement the goals of the City of Visalia General Plan and address the conversion of prime farmland and farmland of statewide importance through the adoption of an agricultural land preservation program.
The intent of the agricultural land preservation program is to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects subject to the provisions of this chapter.
B. The provisions of this chapter shall only apply to the extent that their application would not violate the constitution or laws of the United States, or of the State of California. The City of Visalia shall apply the chapter to avoid such unconstitutionality or illegality.
C. Nothing in this chapter shall be construed to abridge or narrow the City of Visalia's police powers. The City Council retains its full power and discretion in its ability to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise, which the City is tasked with safeguarding.
Section 18.04.030 Objectives
The objectives of this chapter are to:
A. Protect agricultural land as a component of the regional economy in the southern San Joaquin Valley, including the City of Visalia.
B. Preserve agricultural lands from the effects of urban encroachment.
C. Balance the need for agricultural land conservation with other public goals for the City of Visalia, including the need for housing, commercial, industrial, and infrastructure development.
10 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 2 of 11
Section 18.04.040 Interpretation of Provisions
A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Community Development Director (“Director”) shall have the authority and responsibility to interpret such terms, provisions, and requirements.
B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Community Development Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.
C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.
D. Right to Appeal. A code interpretation by the Community Development Director may be appealed to the City Council. The following procedure shall apply.
1. The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the Council, appeal any interpretation of the Community Development Director by filing a notice thereof in writing with the city clerk, setting forth in detail the interpretation and the grounds upon which the appeal is based within ten (10) days after the interpretation that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Director.
2. Upon the filing of an appeal, the City Council shall set the matter for hearing.
Such hearings shall be held within thirty (30) days after the date of filing the appeal.
3. In holding the hearing on the matter, the Council may receive any and all information pertinent to the matter. Upon the close of the hearing, the Council shall vote to either confirm the decision of the Community Development Director, overturn the interpretation, or confirm the interpretation with modifications, and the Council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled Council meeting. In the case of a tie vote, the Community Development Director interpretation shall stand, and shall be considered final as of the date of the Council vote.
Section 18.04.050 Definitions
For the purpose of this chapter, the following definitions shall apply, except where the context of this chapter otherwise expressly requires. The definition of a word or phrase shall apply to any variants of the word or phrase.
11 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 3 of 11
“Affordable housing” means housing with an affordable housing cost, as defined in Health and Safety Code Section 50052.5, or affordable rent, as defined in Health and Safety Code Section 50053, for households whose gross income does not exceed 120 percent of the area median income.
“Agricultural buffers” mean areas of permanent vegetation between agricultural land and urban development.
“Agricultural conservation easement” means a conservation easement executed pursuant to Civil Code section 815, et seq. for purposes of agriculture.
“Agricultural processing uses” means operations that transform, package, sort, or grade livestock or livestock products, agricultural commodities, or plant or plant products into goods that are used for the intermediate or final consumption, including goods for nonfood use. “Conversion” means to develop land through construction or improvement of land associated with approval of a project such that the land may not be converted back to agricultural use. “Converted land” means the area of land that would be converted as a result of project approval, as calculated in section 18.04.070(A).
“Farmland of statewide importance” is a category of farmland defined by the California Department of Conservation for purposes of the Farmland Mapping and Monitoring Program (FMMP).
“In-lieu fee” means payment in-lieu of direct acquisition of an agricultural conservation easement.
“Preserved land” means that land to be encumbered by an agricultural conservation easement, as determined in section 18.04.070(A).
“Prime farmland” is a category of farmland defined by the California Department of Conservation for purposes of the Farmland Mapping and Monitoring Program (FMMP). “Project” means a development project requiring an approval action from the City of Visalia that would authorize the construction or operation of buildings or uses. For purposes of this chapter, project does not include annexation of land, redesignation of a planned land use, or rezone action as these actions alone do not authorize development.
“Public facility” means a facility owned or operated by a public, quasi-public, or private entity used for the production, storage, transmission, collection, or treatment of electricity, wastewater, stormwater, water, and refuse, or for the provision of public schools or open space, including both public and private parks and trails.
“Qualified entity” means an entity qualified and approved to hold agricultural conservation easements in compliance with section 18.04.100.
12 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 4 of 11
“Roadways” mean those roadways defined in the Transportation Element of the Visalia General Plan.
“Southern San Joaquin Valley” means the portions of Madera, Fresno, Kings, Tulare, and Kern counties located within the San Joaquin Valley Air Pollution Control District boundaries. “Sphere of influence” means the ultimate service area of an incorporated city, as established by the applicable Local Agency Formation Commission.
“Tier II” means the Tier II Urban Development Boundary as defined in the Visalia General Plan. “Tier III” means the Tier III Urban Growth Boundary as defined in the Visalia General Plan.
Article 2. Program Requirements
Section 18.04.060 Applicability
A. Projects Subject to Program. Projects authorized by the City that would result in the conversion of prime farmland or farmland of statewide importance are subject to the provisions of this chapter, unless exempt in accordance with subsection 18.04.060(B) or excluded in accordance with subsection 18.04.060(C).
B. Exemptions. Projects subject to any of the following criteria are not subject to the provisions of this chapter.
1. Location. Projects, or portions thereof, located on lands that are not within the Tier II Urban Development Boundary or the Tier III Urban Growth Boundary.
2. Size. Projects of five acres or less in gross area. The City may disallow the use of this exemption if it finds that the subject property has been subdivided into five- acre or smaller parcels in whole or in part to avoid the preserved land obligation in accordance with this chapter.
3. Prior Compliance. Projects on sites that have demonstrated compliance with the provisions of this chapter for affected acreage.
C. Exclusions. Projects consistent with any of the following criteria are not subject to the provisions of this chapter and shall be excluded from the preserved land obligation as outlined in section 18.04.070(A). Such exclusions may comprise the entire project area or may be a portion of the project area acreage. Only such portion of the project area that falls within any of the following categories shall be excluded.
1. Farmland Designation.
a. Acreage not designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation.
13 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 5 of 11
b. Acreage that may be designated as prime farmland or farmland of statewide importance on the most recent Farmland Mapping and Monitoring Program (FMMP) map published by the California Department of Conservation but does not meet either of the following standards. Documents demonstrating compliance with either or both standards, shall be submitted to the Director for evaluation and determination, which may include concurrence from the Department of Conservation.
1. Land Use. The land is not currently and has not been used for irrigated agricultural production for a minimum of four consecutive calendar years.
2. Soils. The soil type is not listed on the Soil Candidate Listing for Prime Farmland and Farmland of Statewide Importance for Tulare County, as maintained by the Department of Conservation for purposes of the FMMP.
2. Project Type or Use.
a. Affordable housing projects, provided that one hundred percent of the project’s housing units are affordable through a deed restriction. b. Agricultural processing uses.
c. Agricultural buffers.
d. Public facilities.
e. Roadways.
Section 18.04.070 Preservation Requirement
A. Determination of Preserved Land Obligation. The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre of converted land.
Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions.
B. Method of Preservation. The preserved land obligation, as established in section
18.04.070(A), shall be preserved through acquisition of an agricultural easement in accordance with section 18.04.080, unless eligible for payment of an in-lieu fee in accordance with section 18.04.090.
14 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 6 of 11
Article 3. Methods of Preservation
Section 18.04.080 Acquisition of Agricultural Conservation Easement A. Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon.
B. Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.
1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits.
The preserved land must be located outside any city’s limits and sphere of influence. Prior to consideration of preserved land located beyond 10 miles of the City limits, the applicant must demonstrate at least one of the following to the satisfaction of the City:
a. The applicant has met with all qualified entities and all such entities have certified in writing to the City that they are unable or unwilling to assist with the acquisition of an agricultural conservation easement within 10 miles of the City limits; or
b. Working with a qualified entity, the applicant has made at least one good faith offer to purchase an agricultural conservation easement within 10 miles of the City limits, but any and all such offers have been declined by the potential seller, as certified in writing by the qualified entity.
2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published FMMP map.
3. The preserved land shall be a minimum of 20 contiguous acres in size.
4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.
5. The preserved land shall have at least one verified source of water.
6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.
C. Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms. 15 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 7 of 11
1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.
2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land.
3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property.
4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.
5. Any existing easement, other than a right-of-way easement, deed of trust, or other servitude or encumbrance on the preserved land shall be subordinated to the agricultural conservation easement.
6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.
7. The agricultural conservation easement is in recordable form and contains an accurate legal description of the preserved land.
8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.
9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.
10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.
11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with the section 18.04.080(D).
D. Approval of Easement. The City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter. 16 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 8 of 11
1. Should the easement be consistent with a form previously approved by the City Council, the City Council may designate an authorized party to review and confirm consistency of subsequent easements prior to execution by third parties without further approval by the City Council.
2. Should the easement deviate from a form approved by the City Council, the City Council shall review and approve proposed amendments prior to execution by third parties.
E. Holder of Easement. All agricultural conservation easements acquired for purposes of this chapter shall be held by a qualified entity, as determined in section 18.04.100.
Section 18.04.090 Payment of In-Lieu Fee
A. Eligibility of In-Lieu Fee Payment. To be eligible for payment of an in-lieu fee to satisfy the preserved land obligation, either of the following standards must be met.
1. The total preserved land obligation is less than 20 acres.
2. If the total preserved land obligation is 20 acres or more, the applicant must demonstrate at least one of the following to the satisfaction of the City:
a. No qualified entity exists;
b. The applicant has met with all qualified entities and all such entities have certified in writing to the City that they are unable or unwilling to assist with the acquisition of an agricultural conservation easement; or c. Working with a qualified entity, the applicant has made at least one good faith offer to purchase an agricultural conservation easement, but any and all such offers have been declined by the potential seller, as certified in writing by the qualified entity.
B. Determination of Fee. The in-lieu fee shall be determined on a case-by-case basis and include the following components. The applicant shall determine the amount of the in- lieu fee with supporting documentation from at least one qualified entity.
1. The purchase price of an agricultural conservation easement, which shall equal 35 percent of the average price per acre of three comparable lands, as confirmed through submittal of an appraisal report prepared by a licensed appraiser with experience in agricultural land appraisal. The price per acre shall be adjusted for inflation based on an estimate of the time required to acquire the agricultural conservation easement following payment of the in-lieu fee. The price per acre shall be multiplied by the preserved land obligation to determine this component of the in-lieu fee.
17 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 9 of 11
2. All transaction costs associated with the acquisition of the agricultural conservation easement, which may include anticipated due diligence and administrative costs.
3. An amount sufficient to establish an endowment for the cost of monitoring, administering, and enforcing the agricultural easement in perpetuity.
4. A reasonable amount to cover additional contingencies.
5. In no event shall the in-lieu fee established pursuant to this section exceed a reasonable estimate of the total of:
a. The cost of acquiring and managing the agricultural conservation easement that the applicant would otherwise be required to create to satisfy its preserved land obligation under this chapter; and b. The cost of administering the in-lieu fee.
C. Fee Approval and Remittance. City Council shall approve the amount of the in-lieu fee established under section 18.04.090(B). Approval shall occur prior to transaction. Upon approval, the in-lieu amount shall be remitted directly from the applicant to the qualified entity.
D. Use of Fee. In-lieu fees collected shall be used solely for the acquisition, administration, monitoring, and enforcement of an agricultural conservation easement in accordance with this chapter and such easement shall be located within Tulare County.
E. Reporting Requirements. The annual report required in section 18.04.100(D) shall include an accounting of the use and status of all in-lieu fees collected in accordance with this program.
Article 4. Monitoring and Compliance
Section 18.04.100 Qualified Entity
A. Requirements. To be considered a qualified entity for purposes of holding agricultural conservation easements in accordance with this chapter, an entity must be a nonprofit public benefit corporation, operating within the state of California, that is qualified to hold conservation easements under California Civil Code section 815.3 and be approved by the City Council for the purpose of holding and managing agricultural conservation easements in accordance with section 18.04.100(B).
B. Approval Process. In considering whether to approve an entity as a qualified entity for purposes of this chapter, the City Council shall consider the following criteria.
1. Whether the entity's principal purpose includes holding and administering easements for conserving and maintaining lands in agricultural production; 18 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 10 of 11
2. The extent and duration of the entity's involvement in agricultural land conservation within the southern San Joaquin Valley;
3. Whether the entity has been accredited by the Land Trust Accreditation Commission;
4. Whether the entity is a member in good standing of an established and widely recognized national or statewide association of land trusts; and
5. Whether the entity’s easement template is consistent with the terms of this chapter.
6. Any other information or requirements the City finds relevant under given circumstances.
C. Duties.
1. The qualified entity shall monitor the use of all preserved land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.
2. If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity.
D. Monitoring and Reporting. The qualified entity shall submit a report to the City on or before February 1 of each year, describing the activities undertaken by the entity under this chapter for the previous calendar year. The report shall describe the status of the agricultural conservation easements for purposes of satisfying the preserved land obligations under this chapter held by the entity, including all costs associated with acquisition of agricultural conservation easements acquired in accordance with this chapter, a summary of all actions taken to enforce its agricultural conservation easements acquired in accordance with this chapter, and an accounting of the amount and use of administrative and in-lieu fees remitted to it by applicants. Confirmation of the accreditation status of the qualified entity shall also be reported. The report shall also include any other applicable reporting requirements as specified by this chapter.
Section 18.04.110 Compliance Review
A. All preservation methods proposed by an applicant to comply with this chapter shall be reviewed by the Community Development Director for consistency with the terms and purposes of this chapter, except as expressly stated otherwise.
1. The City of Visalia shall not issue any permit directly authorizing or resulting in disturbance to the converted land acreage until the preserved land obligation is satisfied in accordance with this chapter. The preserved land obligation shall be satisfied when:
a. The approved agricultural conservation easement has been recorded; or 19 Chapter 18.04 Agricultural Land Preservation Ordinance Public Review Draft February 2023 Page 11 of 11
b. When the applicant is eligible to pay an in-lieu fee, three years from the date of payment to a qualified entity or sooner, if the in-lieu fee is used to acquire an agricultural conservation easement. A letter of transaction shall be required from the qualified entity confirming payment of the in-lieu fee or, if applicable, confirming recordation of the agricultural conservation easement in accordance with this chapter.
B. If a court issues a judgement declaring that the purposes of this chapter and of an agricultural conservation easement can no longer be fulfilled by enforcement of that easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the preserved land, if the following requirements are met:
1. Either the action was not contested and the judgement was entered pursuant to stipulation, or the City of Visalia was a party to the action and stipulated to the judgement; and
2. The qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement in other preserved land in compliance with this chapter.
Section 18.04.120 Severability
If any portion of this chapter is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have enacted this chapter and each section, division, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional. 20 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
City Council Work Session No. 2
March 6, 2022
AGRICULTURAL
PRESERVATION ORDINANCE
21 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
AGENDA
2 Present Draft Agricultural Land
Preservation Ordinance
Receive Public Comments &
Questions
City Council Discussion & Input
1 2
3 22
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PURPOSE
Implement General Plan Policy LU-P-34, which calls for the City to create and adopt a mitigation program to address conversion of Prime Farmland and Farmland of Statewide Importance in Tiers II and III.
Distinct from other General Plan policies calling for additional strategies to protect agricultural land.
Right-to-farm ordinance
Urban agricultural ordinance
Williamson Act contracted land reviews
Agricultural buffers and greenbelt
3 23
CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PROGRAM PARAMETERS & DIRECTION
4 1
2 3
Policy Directives Work Session No. 1 Direction
Applicability Development of prime farmland
and farmland of statewide
importance
Tier II and Tier III properties
Exemptions apply to Tier I,
agricultural processing, agricultural
buffers, public facilities, roadways
Provide for a verification mechanism to
ensure that Prime Farmland and Farmland of
Statewide Importance was the focus of the
program
Exempt sites of 5 acres or less
Exempt 100% affordable housing projects
Allow for portions of a project to be exempt
Easements 1:1 conversion to preservation
Equivalent land
Located outside Visalia’s Urban
Development Boundary (UDB)
Held by a qualifying entity
Agricultural zoning
Allow easements within Madera, Fresno,
Kings, Tulare, Kern counties with a
preference for easements located near City
Require one verified water supply
City would not be a party to the easement
In-lieu Fee Allowed as an option
Preference for easement over fee
In-lieu fee to be established case-by-case
Fee to be remitted directly to land trust
24 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
DRAFT ORDINANCE ARTICLES & CONTENT
5 Article 1: General Provisions
Title, Purpose and Intent, Objectives, Interpretation of Provisions, Definitions
Article 2: Program Requirements
Applicability, Preservation Requirement
Article 3: Methods of Preservation
Acquisition of Agricultural Conservation Easement, Payment of In-Lieu Fee Article 4: Monitoring and Compliance
Qualified Entity, Compliance Review, Severability
25 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
PROGRAM REQUIREMENTS
6 Project Applicability
Applicable projects include development projects
that would:
authorize the construction or development of
the project site, and
result in the conversion of prime farmland or
farmland of statewide importance.
APPLICABILITY
Is the project exempt?
Is the project, or a
portion of the project,
excluded?
Not subject to the programIs it an applicable project
type or action?
No
Yes
Yes
Yes
No
26 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 7 Exemptions
Location. Lands that are NOT within Tier II or Tier
III.
Size. Projects of five acres or less.
Prior compliance. Projects on sites that have
already complied with this program.
PROGRAM REQUIREMENTS
APPLICABILITY
Is the project exempt?
Is the project, or a
portion of the project,
excluded?
Not subject to the programIs it an applicable project
type or action?
No
Yes
Yes
Yes
No
27 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 8 Exclusions
Farmland designation. Not prime or farmland of
statewide importance.
Based on FMMP
Process to verify the status of the FMMP
designation
Project type or use.
100% Affordable housing projects
Agricultural processing
Agricultural buffers
Public facilities
Roadways
PROGRAM REQUIREMENTS
APPLICABILITY
Is the project exempt?
Is the project, or a
portion of the project,
excluded?
Not subject to the programIs it an applicable project
type or action?
No
Yes
Yes
Yes
No
28 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 9 Determine your preserved land obligation
Preserved land obligation = 1 acre for each 1 acre of converted land Converted land = total project acreage – acreage of exclusions
PROGRAM REQUIREMENTS
PRESERVED LAND OBLIGATION CALCULATION
29 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 10 Eligibility for Preserved Land
Location
Preference for easement within 10 miles of City
limits.
Anywhere within the southern San Joaquin Valley
if confirmation in writing from land trust is if there
is no land or no willing seller within the 10-mile
radius.
Prime farmland or farmland of statewide importance
Minimum 20 acres in size
One verified water supply
METHODS OF PRESERVATION
ACQUISITION OF EASEMENT
Southern San Joaquin Valley:
Tulare, Kern, Kings, Fresno, and Madera
30 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 11 Form of the Easement
The easement form and terms shall be approved by the City to ensure compliance Initial review and approval of form by City Council
Verification of form can be delegated
Any changes to approved forms will go back to City Council
METHODS OF PRESERVATION
ACQUISITION OF EASEMENT
31 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 12 Eligibility
Either:
The total preserved land obligation is less than 20 acres OR At least one of the following conditions is met:
No qualified entity is able or willing to assist with acquisition, confirmed in writing At least one good faith offer has been declined, confirmed in writing
METHODS OF PRESERVATION
IN-LIEU FEE
32 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 13 Fee Determination
Amount of the fee is determined on a case-by-case basis. Fee will include:
Purchase price
35% of the average purchase price per acre of three comparable lands Appraisal report is required
Transaction costs, such as closing costs, due diligence costs, administrative costs Endowment cost
Establishes an endowment for ongoing easement monitoring, administration, enforcement
METHODS OF PRESERVATION
IN-LIEU FEE
33 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 14 Approval of Fee
City Council will approve the amount of the fee
Remittance will be directly from the project proponent to the qualified entity Use of Fee
In-lieu fees are only able to be used to purchase easements in Tulare County Reporting
Requires accounting of all fees
Requires submittal of costs associated with previous acquisitions
METHODS OF PRESERVATION
IN-LIEU FEE
34 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 15 Approval of Qualified Entity
To be a qualified entity for purposes of this program, land trusts must be approved by City Council.
To be approved, certain criteria shall be considered including:
Experience in the San Joaquin Valley
Accreditation status or standing with a nationwide or statewide association of land trusts
Whether the easement is consistent with the terms of the program
MONITORING & COMPLIANCE
QUALIFIED ENTITY
35 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE 16 Monitoring and Reporting
Required annually by February 1 for previous calendar year. Reporting to include:
Acquisitions and associated costs
Actions taken to enforce easements
Accounting of the amount and use of administrative and in-lieu fees Confirmation of accreditation status
MONITORING & COMPLIANCE
QUALIFIED ENTITY
36 CITY OF VISALIA AGRICULTURAL PRESERVATION ORDINANCE
NEXT STEPS
Input received during the public comment period will be considered in preparation of the public hearing draft
Public comment period closes on March 27th
City Council hearing date targeted for May 2023
17 Submit comments & questions to:
Paul Bernal, Community Development Director
[email protected]
(559) 713-4025
Visit the Website:
https://www.visalia.city/depts/community_development/
planning/agricultural_preservation_ordinance.asp
37 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0053 Agenda Date: 3/6/2023 Agenda #: 2.
Agenda Item Wording:
Receive a project update on the status of the East Side Regional Park’s (ESRP) Environmental Impact Review process and related Groundwater Recharge Capital Improvement Projects (CIP).
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Frank Senteno, City Engineer, [email protected], (559) 713-4331 Brandon Smith, Principal Planner, [email protected], (559)713-4636 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends that City Council receive a status report and presentation on the East Side Regional Park project’sDraft Environmental Impact Report and related Groundwater Recharge Basin projects. This report and presentation are informational only and no direct action is required.
Summary:
The Draft Environmental Impact Report (DEIR) for the overall ESRP project has been prepared in accordance with the California Environmental Quality Act (CEQA). The purpose of the DEIR is to evaluate the potential environmental impacts associated with the implementation of the proposed Eastside Regional Park and Groundwater Recharge Projects. The DEIR is currently inside of the 45- day public review and comment period phase and was noticed in the Visalia Times Delta and to property owners and residents within 300-feet of the project site. The EIR process is expected to be completed by summer 2023. The total ESRP project area consists of approximately 286 acres, including 40 acres of planned street and infrastructure improvements. The ESRP also includes a total of seven groundwater recharge basins of which four are currently identified and in different project phases within the City’scurrent CIP. The concept plan for the ESRP’sMaster Plan includes a variety of programmed uses and formed the basis of the DEIR. The Concept Plan was approved by the City in 2015. The programmed uses could be subject to further review and analysis following certification of the EIR. Future changes could be addressed afterwards as an addendum so long that proposed modifications have no significant impacts beyond those disclosed in the current document. The purpose of this item is to provide the City Council on the status of the project’sEIR, the overall park, and the recharge basins currently in play.
Background Discussion:
Several years ago, the City of Visalia began proactively planning a project to develop solutions to the area’s receding groundwater table. One of those projects includes the Eastside Regional Park (ESRP) & Groundwater Recharge Project. The master planned Eastside Regional Park & Groundwater Recharge Project area consists of approximately 286 acres, including 40 acres of planned street & infrastructure improvements. The project will include Tower Street as a new arterial Visalia City Council Printed on 3/3/2023Page 1 of 6
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planned street & infrastructure improvements. The project will include Tower Street as a new arterial roadway; and improvements to Houston Avenue, Road 152, and Mineral King Avenue. The project allocated approximately 148 acres for park uses, while the dedicated groundwater recharge elements will encompass approximately 100 acres.
The basins are planned to receive allotted water deliveries to help replenish the area’sgroundwater.
Approximately 286 acres of property bounded by Mineral King/SR 198, Road 152, Houston Avenue (SR 216), and the SCE overhead transmission towers have been acquired since 2001 for the future East Side Regional Park. Construction of park proper, the future Tower Street (Road 148) and interchange with SR 198, and groundwater recharge facilities will be within the footprint area.
Development of the ESRP Master Plan:
The original ESRP Team started the process to develop the project’sconcepts in 2015. The team subsequently developed two Master Plan Alternatives (i.e., park designs) labeled Concept A and Concept B by holding various outreach events including:
· Three community workshops
· Involvement of the Park Planning Task Force
· Meetings with Parks & Recreation Staff (recently renamed to the Community Services staff)
Those concepts were presented to the following groups to receive their feedback:
· Park Planning Task Force
· Waterways and Trails Committee
· Parks and Recreation Commission
The final presentation of Concept A and Concept B was made at Community Workshop No. 4 on June 18, 2015. Comments from all of these events were incorporated into the refined Concept A1 and Concept B1, which were then presented to the following groups:
· Park Planning Task Force
· Waterways & Trails Committee
· Environmental Committee
· Parks & Recreation Commission
· Site Plan Review Committee
On August 17, 2015, the City of Visalia Council voted to adopt Concept B1 as the ESRP Site Master Plan (Attachment 3). The park’s comprehensive plan as proposed includes 139-acres of active recreational park space. Some of the park’s major programmed uses include but not limited to separate lighted adult softball and youth baseball fields, soccer courts, tennis courts, pickleball courts, 3-acre dog park, multi-use trails, event and open space turf areas, parking areas, amphitheater, and community center building.
Since then, City staff has carried Concept B1 as the basis of the EIR and design of all Groundwater Recharge facilities to date.
Groundwater Basins:
The development of the East Side groundwater R=recharge project is part of the City’s implementation program to manage recharge water deliveries under the water exchange agreement with Tulare Irrigation District along with other surface water deliveries received via the Kaweah River Visalia City Council Printed on 3/3/2023Page 2 of 6
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39 File #: 23-0053 Agenda Date: 3/6/2023 Agenda #: 2.
with Tulare Irrigation District along with other surface water deliveries received via the Kaweah River and/or the Central Valley Project Friant-Kern Canal. The area was selected because it is upgradient of the City’s groundwater, and thus is strategically located to receive the water deliveries and replenish the groundwater. Further, geotechnical analysis determined subsurface soil conditions favorable to water infiltration. During times of unprecedented storm events, the creation of these basins will also decrease stormwater flows before they reach the City’s center, decreasing the potential for flooding in neighboring communities and the downtown core. Mill Creek, which bisects about midpoint of the project site, flows west through Downtown Visalia, through a FEMA flood zone.
These basins will help to reduce the stormwater flow through the corridor to help reduce the flood risks. In addition, development of the park recreation features will provide access to much needed nature trails and open space in an area that currently has no parks within 1.0 mile of the site.
EIR:
The purpose of this DEIR is to inform decision-makers, representatives of affected or responsible agencies, the public, and other interested parties of the potential environmental effects that may result from implementation of the ESRP. The DEIR describes potential impacts relating to a wide variety of environmental issues; along with methods by which these impacts can be mitigated or avoided.
In 2014, the City entered into agreements with Provost and Pritchard Consulting Group and The HLA Group to create a master plan (ESRP Master Plan Concept B1 - Attachment 3) and prepare the final EIR with associated technical studies for the park and recharge portions of the property.
The remaining schedule of the EIR is as follows:
End of Public Review and Comment Period March 20, 2023
Tentative Public Hearing Dates:
City of Visalia Planning Commission June 12, 2023
City of Visalia City Council (Certify EIR/Approve Project): July 17, 2023 Following or together with the certification of the EIR the next steps include:
· Annexation of the portion of the project north of Mill Creek (118 acres) into the city limits.
· A General Plan Amendment is required requesting a change of the land use designations from Low, Medium and High Density Residential to Park.
Completion of the EIR will increase the City’sopportunities for the acquirement of grant funding for either the park or recharge elements of the project. Note that in the interim the City has been successful in acquiring grant funds for the design and construction of Basins G and D requiring staff to prepare separate and individual environmental reviews (i.e., Mitigated Negative Declarations) for these projects. During that same process notice of environmental determinations were also filed for Basins E and F due to their proximity and again for grant funding purposes. Because the EIR has been delayed for various reasons, it’s possible that some of the park design elements and/or programming could be revisited since approval of the original project concept. However, it is staff’s recommendations that the EIR process be allowed to move forward towards completion through certification. Again, completion of environmental process will help with future funding/grant opportunities once completed. Any future changes could be addressed afterwards as an addendum so long that proposed modifications have no significant impacts beyond those disclosed in the Visalia City Council Printed on 3/3/2023Page 3 of 6
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40 File #: 23-0053 Agenda Date: 3/6/2023 Agenda #: 2.
current document.
Fiscal Impact:
None at this time.
Prior Council Action:
· December 19, 2022 - Award of contracts for Basin G to Emmett’s Excavation, Vanir Construction Management, and Moor Twining Associates for construction, construction management, material testing services, respectively. Appropriation of Funds. · May 2, 2022 - Update of Basins F & G, Appropriation of funds for Basin G, Decline LWCF grant offer, and authorize staff to pursue grant opportunities for Basin F. · November 2, 2020 - Receive staff presentation on the Basins F and G provide preliminary input on recreation-related amenities.
· July 20, 2020 - Adopt Resolution No. 2020-36 certifying Mitigated Negative Declaration No. 2019-73 prepared for the Green Infrastructure Grant, Eastside Regional Park Site, Detention Basins D and E Project (State Clearinghouse No. 2019129021) (Resolution No. 2020-36 required). · June 20, 2022 - Authorization to award a sole-source professional design services contract to CWE for design of Basin D, and appropriation of funds.
· April 20, 2020 - Authorization for the City Manager to accept and execute a grant for $1,907,244 from the Proposition 68 Green Infrastructure Program through the State of California Natural Resources Agency for groundwater recharge Basin D with habitat improvements. · January 21, 2020 - City Council voted to award the Contract for RFP 19-20-20, Professional Design Services for ESRP Basins G & F + Amenities, to CWE, based on the amounts identified in the staff report.
· December 16, 2019 - City Council voted to award RFB 19-20-24 and authorize the City Manager to execute construction agreements related to RFB 19-20-24 for the removal of various orchards to the lowest responsible bidder, HD Matthews Demolition & Excavation, Inc., in the following amounts: 1. $85,000 for Basin G (CP0185); 2. $240,000 for Basin F (CP0371); located in the area surrounded by the future Tower Street, Mineral King, and Road 152.
· September 16, 2019 - City Council voted to appropriate funds for Basin G and F, as identified in that staff report, and to authorize the City Manager to execute an agreement from the Federal Land & Water Conservation Fund (LWCF).
· June 17, 2019 - City Council voted to authorize staff to submit a grant proposal for the Prop 68 Green Infrastructure Program through the State of California Resources Agency and: approval of Resolution 2019-33.
· December 18, 2017 - City Council voted to authorize staff to submit a grant application for a Land and Water Conservation Fund Grant and approved Resolution 2017-83 for the East Side Regional Park Project.
· October 17, 2016 - City Council affirmed submission of a Proposition 1 Urban Rivers Grant application for a first phase project at the East Side Regional Park to construct groundwater recharge basin with habitat improvements for $1,743,420 and appropriate $1,568,708 of grant funding, if awarded, and advance appropriation of $174,712 from 2017/18 project CP0185 “EastSide Regional Park Basins”if awarded (Resolution 2016-61 required).
· August 17, 2015 - City Council received a Status Report and selected Master Plan Concept B1 as the preferred plan for the next phase of CEQA review through the preparation of an EIR, direct staff to Visalia City Council Printed on 3/3/2023Page 4 of 6
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preferred plan for the next phase of CEQA review through the preparation of an EIR, direct staff to initiate proceedings for annexation and planning permits, and appropriate $30,000 for associated staff time.
· June 15, 2015 - City Council received a Status Report and a Presentation of the Master Plan Alternatives for the East Side Regional Park and Groundwater Recharge Project. · March 17, 2015 - City Council and Parks and Recreation Commission, at a joint meeting, received an update on the East Side Regional Park & Recharge Basins Project from Provost & Pritchard Consulting Group and The HLA Group.
· January 5, 2015 - Council appointed the 13 recommended members of the community to assist the Provost & Pritchard consulting team in the development of the East Side Regional Park master plan. · November 3, 2014 - Council approved the concept of a 13 member panel of community citizens to work with the Provost & Pritchard consulting team to assist in the design of the East Side Regional Park master plan.
· September 15, 2014 - Council authorized the City Manager to execute a professional services agreement with Provost & Pritchard Consulting Group for RFP 13-14-28 - East Side Regional Park & Groundwater Recharge Project Design - in the amount of $741,400 ($616,100 for base services and $125,300 for optional services)
· August 5, 2013 - Council authorized staff to issue Requests for Proposal (RFPs) to engage multiple consultants to complete the following planning and design studies for the future East Side Regional Park & Recharge Basins project: 1) Park Master Plan, 2) CEQA review including an Environmental Impact Report, and 3) Engineering Design for basins including a geotechnical study.
Committee/Commission Review and Action:
· August 11, 2020 - Parks and Recreation Commission received a status report and presentation of the fitness equipment alternatives; and provided feedback to City staff relevant to Basins F & G.
· June 2, 2015 - Waterways and Trails Committee, together with invited members of the Parks and Recreation Committee and the Environmental Committee, received a status report and a presentation of the Master Plan Alternatives and provided feedback to the City’s consulting team. · June 16, 2015 - Parks and Recreation Commission received a status report and a presentation of Master Plan Alternatives and provided feedback to the City’s consulting team. · July 1, 2015 - Park Planning Task Force received a presentation of Master Plan Concepts A1 and B1 and moved to select Concept A1 as their preferred master paln · July 7, 2015 - Waterways and Trails Committee received a presentation of Master Plan Concepts A1 and B1 and moved to select Concept B1 as their preferred master plan. · July 8, 2015 - Environmental Committee received a presentation of Master Plan Concepts A1 and B1 and moved to select Concept B1 as their preferred master plan. · July 21, 2015 - Parks and Recreation Commission received a presentation of Master Plan Concepts A1 and B1 and moved to select Concept A1 as their preferred master plan. · July 22, 2015 - Site Plan Review Committee reviewed Master Plan Concepts A1 and B1 and provided department comments. The committee issued a “revise and proceed” decision.
Recommended Motion (and Alternative Motions if expected):
I move to accept the status report and presentation for the Eastside Regional Park and Groundwater Visalia City Council Printed on 3/3/2023Page 5 of 6
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Recharge Project.
Environmental Assessment Status:
The following CEQA documents were previously prepared for basins within the project site and are included / incorporated into the DEIR’s Appendix.
· Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration (MND) No. 2018-05 for Basins F & G.
· Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration No. 2019 -73 for Basins D & E
CEQA Review:
Draft Environmental Impact Report State Clearinghouse # 2014121076 Attachments:
1. ESRP Location Map
2. ESRP Site Masterplan (Concept B1)
3. Presentation
Visalia City Council Printed on 3/3/2023Page 6 of 6
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43 44
45 City of Visalia
East Side Regional Park and
Groundwater Recharge Facilities
Project Update
March 6, 2023
1 46
ESRP Update:
• East Side Regional Park
– Brief history and background
– Concept Plan Development
– Environmental Impact Report
• Groundwater Recharge Facilities
– Overview
– Status
247
1991 Newspaper Article:
• Groundwater Recharge
• Regional Park
• Recreational Opportunities
348
4 Project Planning Area Map
• Property Acquisition:
• 2001 thru 2013
• 248-Acres (Approx)
• $6.2M Land Costs
• Annexation Required
• Parcel north of Mill Creek
• Tower Road Alignment
• Property Acquired
• SCE Transmission
• Tower Road Interchange
• Property acquired for
northerly side
• Oakes Basin Expansion
49 ESRP Master Plan Concept Overview
• Master Plan Design:
• Authorized August 2013
• Awarded in Sept 2014
• Development of Master Plan
Alternatives:
• Outreach Events
• Stakeholder Meetings
• Community Workshops
• Master Plan Concept B1
• Approved by Council 2015
• Basis of EIR
• And Future Projects
550
Environmental Impact Report
• EIR Status
– Comment Period thru March 20, 2023
– Significant Impacts
• Next Steps
– Address public comment
– Public Hearings (Tentative Dates)
• Planning Commission – June 12, 2023
• City Council – July 17, 2023
– Future Amendments
• Design Changes
651
Visalia Waterways:
7 East Side
Regional Park
Lake
Kaweah
WCP
752
Recharge Basin Facilities
Overview
• Site Map
• Waterway Coordination
• Park Layout
• Trail Network
• Groundwater Recharge / Flood
Control Feature
• Total Volume Capacity (Basins
A –G)
• 540.6 Acre-Feet (1AC-Ft =
325,900gallons)
• Tulare Irrigation District
• Water Exchange
8 53
• Basin G (CP0185)
• Under
Construction
• Basin F (CP0371)
• Design being
completed
• “Shovel-Ready”
• Basin D (CP0396)
• Started design
Active Recharge Basin Projects:
954
Questions?
11 55
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0063 Agenda Date: 3/6/2023 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Printed on 3/3/2023Page 1 of 1
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56 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0463 Agenda Date: 3/6/2023 Agenda #: 2.
Agenda Item Wording:
Authorize the City Manager to award (2) separate sole source five (5) year service contracts with Axon Enterprise Inc. located in Scottsdale, Arizona in the amount of $374,414 & $11,885 to provide the Visalia Police Department with 134 software licenses for Automatic License Plate Readers (ALPR) and one (1) Mobile Audio/Video System (MAVS); and to appropriate a total of $62,604 for FY 22/23 and $70,068 FY 23/24. Installation and payment to take place over 5 years.
Deadline for Action: 2/23/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext.4250, [email protected] <mailto:[email protected]> ;
Department Recommendation:
Authorize the City Manager to award (2) separate sole source five (5) year service contracts with Axon Enterprise Inc. located in Scottsdale, Arizona in the amount of $374,414 & $11,885 to provide the Visalia Police Department with 134 software licenses for Automatic License Plate Readers (ALPR) and one (1) Mobile Audio/Video System (MAVS) and to appropriate a total of $62,604 for FY 22/23 and $70,068 FY 23/24. Installation and payment to take place over 5 years. The addition of this new service provided by AXON falls under the same Master Services and Purchasing Agreement signed on March 21, 2022.
Summary:
On March 21, 2022, Council approved the purchase of 133 AXON Fleet 3 MAVS (in-car camera systems) to replace the obsolete ICOP MAVS utilizing ARPA funds. The installation of 133 MAVS in marked patrol cars will be completed in multiple phases with 88 installations in the first phase completed by January 2023 and the remaining installs by January 2027 coinciding with scheduled vehicle replacements. The activation of the ALPR Licenses will follow the same installation schedule. A second AXON service contract is required to install 1 MAVS unit and 1 ALPR License to an unmarked truck in the Department’s fleet (2017 Chevy Silverado) assigned to the Tulare County Regional Auto Theft Task Force (TRATT). The additional purchase for (1) MAVS/ALPR unit for the TRATT vehicle could not be included in the same contract as the 133 ALPR Licenses because equipment could not be added to the software licensing contract. A separate contract for the TRATT vehicle also separates the expenditure for the TRATT vehicle, which will be funded utilizing auto theft funding sources under AB286.
The AXON Fleet 3 MAV in-car recording system provides the Visalia Police Department with a two- lens camera system that includes a forward-facing camera with a wide-angle view to capture and record activity to the front of the patrol vehicle. Axon Fleet 3 can also function as ALPR system due to Visalia City Council Printed on 3/3/2023Page 1 of 4
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57 File #: 22-0463 Agenda Date: 3/6/2023 Agenda #: 2.
the front camera being equipped with an additional lens that is capable of scanning and reading vehicle license plates in a range up to 50 feet in front of the vehicle and at an angle of 60 degrees from the camera. The ALPR software reads license plates and can identify vehicle license plates and compare them to license plates that have been entered into the Stolen Vehicle System (SVS), the National Crime Information Center (NCIC), or manually entered as a wanted vehicle by the Department.
All Axon hardware currently installed in the vehicles would require the use of Axon software and could not be transferred to another provider. The Department would be required to purchase additional hardware and software in order to utilize a different service. By utilizing Axon, the Department would be able to activate this service immediately upon purchase while utilizing the existing operating system software provided by Axon (Evidence.com) This tool will be significant in helping the Department increase the rate of criminal apprehension and vehicle recovery related to vehicle theft and violent crime.
Background Discussion:
During the Department’sreview evaluation of AXON Fleet 3, staff were able to test the ALPR and immediately discovered the benefits it would have towards locating stolen vehicles, reducing auto- theft rates, and conducting additional criminal investigations not associated with vehicle theft. This year alone, the Department has reported a 32% increase in auto-theft compared to the prior year and our geographic region in the Central Valley of California has historically and consistently experienced one of the highest auto-theft rates in the nation. Since the Department initiated our trial and evaluation with ALPR in November 2022, the Department has increased our stolen vehicle recovery rate by 95% from the same reporting period in 2021. In the eight weeks of evaluation, staff recovered 44 stolen vehicles utilizing ALPR, accounting for 93% of the Department’stotal recoveries. With the increase in auto-theft rates, this technology has shown to be an effective tool in recovering stolen vehicles and arresting offenders and a valuable tool in the Department’sefforts to reduce auto theft in the community that are often-times related to other criminal activity as well.
In addition to an improved response for auto-theft related crimes, ALPR can also provide significant benefits through its community care taking functions and as an investigatory tool. ALPR allows for staff to enter license plates for missing persons that are considered at-risk due to medical or mental health conditions. This allows staff to proactively push out license plate information in quick manner to alert officers while providing an investigative tool ascertain the whereabouts of the person prior to being reported missing. This same feature can assist staff in criminal investigations by allowing staff to enter plates for vehicles that are associated with wanted subjects or criminal acts. Investigators can also use previously scanned license plates to identify if subjects were observed traveling to or from a crime scene. Finally, ALPR can identify license plates associated with lawn enforcement- based alerts that are generated and shared statewide.
Axon Fleet 3 ALPR works by identifying vehicle license plates that have been entered in the Stolen Vehicle System, National Crime Information Center, or manually entered by sworn officers within the Department. The cameras that are currently installed in the patrol cars capture the license and plate and compare the plate to a “hotlist” of stolen or wanted vehicles. This analysis will provide a result and notify the officer in approximately one second. Because the Department currently uses Axon Fleet 3, the ALPR would require no additional software or hardware installation. The service is Visalia City Council Printed on 3/3/2023Page 2 of 4
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58 File #: 22-0463 Agenda Date: 3/6/2023 Agenda #: 2.
already activated for additional evaluation with the permission of Axon. Axon hardware is proprietary, and no other system can be used without requiring the installation of additional hardware or software.
Fiscal Impact:
The total contract award is for $386,299. Appropriate a total of $132,672 ($62,604 FY 22/23 & $70,068 FY 23/24) in the General Fund. AB286 Funds (State Anti-Auto Theft Funds) will reimburse the General Fund. State Auto Theft Funds are disbursed by State to the County of Tulare with Tulare County’s District Attorney Officer serving as the fiscal agent for Tulare County. These funds are identified in the General Fund under 2104/T21001. Auto Theft Funds can only be used for personnel and equipment for the purpose of prevention and suppression of auto theft. The State of California passes on a portion of DMV registration fees to counties to be used specifically for auto theft prevention and suppression. There is currently $192,957 of uncommitted funds on account in 2104/T21001 and Tulare County has confirmed that we have $129,375 available for disbursement for total available funds of $322,332 as of 6/30/2022. The first payment will be made upon approval of this contract which will cover services from 3/1/2023 through 12/31/2023. The December annual payments will coincide with the current contract signed March 21,2022 for the new Fleet 3 in-car cameras. Appropriations for future years of the contract will be completed during the Biennial Budget process . Services for cameras and the ALPR will end on 12/31/2027.
Projected Auto Theft Funds available is as follows:
VISALIA POLICE DEPARTMENT
Auto Theft Funds 5 Year projection Earnings/Expenditures 2104/T21001
FY Earnings Expenditures Balance
Beg. Balance $192,957 $192,957
FY 21/22 $129,375 $322,332
FY22/23 $65,000 $76,141 $311,191
FY 23/24 $65,000 $84,205 $291,986
FY 24/25 $65,000 $92,280 $264,706
FY 25/26 $65,000 $100,283 $229,423
FY 26/27 $65,000 $108,400 $186,023
Payment and Installation schedule is as follows:
ALPR Payment Schedule
Payment DateFeb 2023 Dec 2023 Dec 2024 Dec 2025 Dec 2026 Total Payment #1$60,227 $67,691 $75,046 $82,185 $89,265 $374,414 Payment #2$2,377 $2,377 $2,377 $2,377 $2,377 $11,885
Total $62,604 $70,068 $77,423 $84,562 $91,642 $386,299
Number of MAVS Installations and ALPR Activations
Install Date Feb 2023 Jan 2024 Jan 2025 Jan 2026 Jan 2027 Total # of units 89 11 11 11 12 134Visalia City Council Printed on 3/3/2023Page 3 of 4 powered by Legistar™
59 File #: 22-0463 Agenda Date: 3/6/2023 Agenda #: 2.
Number of MAVS Installations and ALPR Activations
Install Date Feb 2023 Jan 2024 Jan 2025 Jan 2026 Jan 2027 Total # of units 89 11 11 11 12 134
Prior Council Action: AXON MAVS Master Services and purchasing Agreement approved March 21, 2022, for installation of 133 units.
Other: N/A
Alternatives: Not to move forward with the contract.
Recommended Motion (and Alternative Motions if expected):
Authorize the City Manager to award (2) separate sole source five (5) year service contracts with Axon Enterprise Inc. located in Scottsdale, Arizona in the amount of $374,414 & $11,885 to provide the Visalia Police Department with 134 software licenses for Automatic License Plate Readers (ALPR) and one (1) Mobile Audio/Video System (MAVS and to appropriate a total of $62,604 for FY 22/23 and $70,068 FY 23/24. Installation and payment to take place over 5 years.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Axon MAVS Master Agreement & Quotes.
Visalia City Council Printed on 3/3/2023Page 4 of 4
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60
Q-373408-44964.815CM
Issued: 02/07/2023
Quote Expiration:
Estimated Contract Start Date: 03/01/2023
Account Number: 119065
Payment Terms: N30
Delivery Method: Fedex - Ground
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery;Invoice-303 S Johnson St Visalia Police Dept. - CA Chris Morton Dan Ford 303 S Johnson St 303 S Johnson St Phone: +1 2063106165 Phone: (559) 734-8116 Visalia, CA 93291-6135 Visalia, CA 93291-6135 Email: [email protected] Email: [email protected] USA USA Fax: Fax:
Email:
Quote Summary Discount Summary
Program Length 58 Months Average Savings Per Year $959.77 TOTAL COST $374,414.00
ESTIMATED TOTAL W/ TAX $374,414.00 TOTAL SAVINGS $4,638.90
Payment Summary
Date Subtotal Tax Total
Feb 2023 $60,227.20 $0.00 $60,227.20
Dec 2023 $67,690.70 $0.00 $67,690.70
Dec 2024 $75,046.03 $0.00 $75,046.03
Dec 2025 $82,185.03 $0.00 $82,185.03
Dec 2026 $89,265.04 $0.00 $89,265.04
Total $374,414.00 $0.00 $374,414.00
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
61
Quote List Price: $379,052.90
Quote Subtotal: $374,414.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Term Qty List Price Net Price Subtotal Tax Total AB3 Multi Bay Dock Bundle
74210 AXON BODY 3 - 8 BAY DOCK 1 $1,595.00 $0.00 $0.00 $0.00 $0.00 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY /
6-BAY DOCK 1 $0.00 $0.00 $0.00 $0.00 $0.00
70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 $43.90 $0.00 $0.00 $0.00 $0.00 Individual Items
100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 58m 88 $3,422.00 $3,422.00 $301,136.00 $0.00 $301,136.00 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 46m 11 $2,714.00 $2,714.00 $29,854.00 $0.00 $29,854.00 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 34m 11 $2,006.00 $2,006.00 $22,066.00 $0.00 $22,066.00 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 22m 11 $1,298.00 $1,298.00 $14,278.00 $0.00 $14,278.00 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 10m 12 $590.00 $590.00 $7,080.00 $0.00 $7,080.00 Total $374,414.00 $0.00 $374,414.00
62
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 02/01/2023 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 02/01/2023 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 1 02/01/2023 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 88 03/01/2023 12/31/2027 A la Carte 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 03/01/2024 12/31/2027 A la Carte 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 03/01/2025 12/31/2027 A la Carte 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 03/01/2026 12/31/2027 A la Carte 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 12 03/01/2027 12/31/2027 Services
Bundle Item Description QTY
A la Carte 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 63
Payment Details
Feb 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $0.00 $0.00 $0.00 Year 1 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 88 $60,227.20 $0.00 $60,227.20 Invoice Upon Fulfillment 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 74210 AXON BODY 3 - 8 BAY DOCK 1 $0.00 $0.00 $0.00 Total $60,227.20 $0.00 $60,227.20
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $0.00 $0.00 $0.00 Year 2 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 88 $60,227.20 $0.00 $60,227.20 Year 2 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,463.50 $0.00 $7,463.50 Total $67,690.70 $0.00 $67,690.70
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $0.00 $0.00 $0.00 Year 3 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 88 $60,227.20 $0.00 $60,227.20 Year 3 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,355.33 $0.00 $7,355.33 Year 3 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,463.50 $0.00 $7,463.50 Total $75,046.03 $0.00 $75,046.03
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $0.00 $0.00 $0.00 Year 4 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 88 $60,227.20 $0.00 $60,227.20 Year 4 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,139.00 $0.00 $7,139.00 Year 4 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,355.33 $0.00 $7,355.33 Year 4 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,463.50 $0.00 $7,463.50 Total $82,185.03 $0.00 $82,185.03
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $0.00 $0.00 $0.00 Year 5 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 88 $60,227.20 $0.00 $60,227.20 Year 5 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,463.50 $0.00 $7,463.50 Year 5 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,355.34 $0.00 $7,355.34 Year 5 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 11 $7,139.00 $0.00 $7,139.00 Year 5 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 12 $7,080.00 $0.00 $7,080.00 Total $89,265.04 $0.00 $89,265.04
64
65
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
ACEIP:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement executed March 31, 2022, as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 66
\s1\ \d1\
Signature Date Signed
2/7/2023
67
Q-436994-44963.833CM
Issued: 02/06/2023
Quote Expiration:
Estimated Contract Start Date: 03/01/2023
Account Number: 119065
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
336 N Ben Maddox Way Visalia Police Dept. - CA Chris Morton Dan Ford 336 N Ben Maddox Way 303 S Johnson St Phone: +1 2063106165 Phone: (559) 734-8116 Visalia, CA 93292-6631 Visalia, CA 93291-6135 Email: [email protected] Email: [email protected] USA USA Fax: Fax:
Email:
Quote Summary Discount Summary
Program Length 58 Months Average Savings Per Year $421.08 TOTAL COST $11,553.60
ESTIMATED TOTAL W/ TAX $11,884.85 TOTAL SAVINGS $2,035.22 Payment Summary
Date Subtotal Tax Total
Feb 2023 $2,310.72 $66.25 $2,376.97
Dec 2023 $2,310.72 $66.25 $2,376.97
Dec 2024 $2,310.72 $66.25 $2,376.97
Dec 2025 $2,310.72 $66.25 $2,376.97
Dec 2026 $2,310.72 $66.25 $2,376.97
Total $11,553.60 $331.25 $11,884.85
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
68
Quote Unbundled Price: $13,588.82
Quote List Price: $12,783.78
Quote Subtotal: $11,553.60
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
Fleet3B Fleet 3 Basic 1 58 $175.29 $161.41 $140.20 $8,131.60 $331.25 $8,462.85 A la Carte Software
80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 58 $59.00 $59.00 $3,422.00 $0.00 $3,422.00 Total $11,553.60 $331.25 $11,884.85
69
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
Fleet 3 Basic 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 1 02/01/2023 Fleet 3 Basic 70112 AXON SIGNAL UNIT 1 02/01/2023
Fleet 3 Basic 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 1 02/01/2023 Fleet 3 Basic 72034 FLEET SIM INSERTION, VZW 1 02/01/2023 Fleet 3 Basic 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 02/01/2023 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80400 FLEET, VEHICLE LICENSE 1 03/01/2023 12/31/2027 Fleet 3 Basic 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 03/01/2023 12/31/2027 A la Carte 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 03/01/2023 12/31/2027 Services
Bundle Item Description QTY
Fleet 3 Basic 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80379 EXT WARRANTY, AXON SIGNAL UNIT 1 02/01/2024 12/31/2027 Fleet 3 Basic 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 02/01/2024 12/31/2027 70
Payment Details
Feb 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 $684.40 $0.00 $684.40 Year 1 Fleet3B Fleet 3 Basic 1 $1,626.32 $66.25 $1,692.57 Total $2,310.72 $66.25 $2,376.97
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 $684.40 $0.00 $684.40 Year 2 Fleet3B Fleet 3 Basic 1 $1,626.32 $66.25 $1,692.57 Total $2,310.72 $66.25 $2,376.97
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 $684.40 $0.00 $684.40 Year 3 Fleet3B Fleet 3 Basic 1 $1,626.32 $66.25 $1,692.57 Total $2,310.72 $66.25 $2,376.97
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 $684.40 $0.00 $684.40 Year 4 Fleet3B Fleet 3 Basic 1 $1,626.32 $66.25 $1,692.57 Total $2,310.72 $66.25 $2,376.97
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 $684.40 $0.00 $684.40 Year 5 Fleet3B Fleet 3 Basic 1 $1,626.32 $66.25 $1,692.57 Total $2,310.72 $66.25 $2,376.97
71
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
ACEIP:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement executed March 31, 2022, as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 72
Exceptions to Standard Terms and Conditions
This Purchase is for the TRATT Vehicle
\s1\ \d1\
Signature Date Signed
2/6/2023
73 1
FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Visalia Police Dept. - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.
Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.
Force Majeure
74 2
Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.
Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.
Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.
Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.
Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.
Local Computer
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AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.
Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.
Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.
Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.
Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.
VEHICLE INSTALLATION
Preparedness
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On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.
Major components
will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.
Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.
In-Car Hardware/Software Delivery
and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.
If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
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Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.
Agreed placement will be documented by the AXON Installer.
AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 78 6
The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 79 80
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95 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0023 Agenda Date: 3/6/2023 Agenda #: 3.
Agenda Item Wording:
Authorize the City Manager to award a contract to purchase seven (7) diesel-powered solid waste trucks to E.M. Tharp of Porterville, CA. through the Sourcewell Cooperative contract for a total purchase price of $2,770,743 and appropriate an additional $329,447 from the Solid Waste Enterprise Fund (441).
Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to award a contract to E.M. Tharp Inc. of Porterville, CA for the purchase and delivery of seven (7) diesel-powered solid waste trucks in the amount of $2,770,743, and appropriate an additional $329,447 from the Solid Waste Enterprise Fund (441).
Background Discussion:
In accordance with the replacement schedule set by the City’s Capital Improvement Program, the Solid Waste Division within the Public Works Department is seeking the authorization to replace seven (7) solid waste trucks that were included in the FY 21/22 Budget. Due to supply constraints, the City had to wait until now (FY 22/23) to complete the order. The trucks to be replaced are as follows:
(1) Commercial Front Loader (VH0031)
(5) Residential Side Loader (VH0037)
(1) Commercial Roll Off (VH0042)
In the past, the City has utilized Congested Mitigation & Air Quality (CMAQ) funds to supplement costs to purchase Compressed Natural Gas (CNG) solid waste vehicles. Because this type of funding not available at this time, staff is recommending that the City retain a more diversified fleet by purchasing diesel-powered vehicles. With this purchase of (7) diesel-powered trucks, the Solid Waste fleet will be comprised of 25% Diesel and 75% CNG (15 units and 46 units, respectively). An environmental carbon footprint justification has been provided within this report.
E.M. Tharp is the Peterbilt chassis dealer in the area and will coordinate with Ruckstell, Inc. out of Fresno, CA to install the truck bodies. Ruckstell is the only Heil and New Way body dealer in the Central Valley and also has a Sourcewell Cooperative contract.
Sourcewell Cooperative Purchasing helps the City save time and money by purchasing from ready to use, competitively solicited contracts. Cooperative Purchasing is “Procurementconducted by, or on behalf of, one or more Public Procurement Units,”as defined by the American Bar Association Model Procurement Code for State and Local Governments. Sourcewell streamlines the purchasing process by developing Requests for Visalia City Council Printed on 3/3/2023Page 1 of 4
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96 File #: 23-0023 Agenda Date: 3/6/2023 Agenda #: 3.
State and Local Governments. Sourcewell streamlines the purchasing process by developing Requests for Purchase for national competitive solicitations that meet or exceed local requirements. Because E.M. Tharp is the Peterbuilt dealer in Tulare County, and Peterbuilt Trucks are already competitively bid by Sourcewell, the City is able to utilize that contract to obtain the Sourcewell price. This helps the City maintain a uniform fleet by using the same truck and body manufacturers available through a local dealer, thus keeping maintenance costs down for fleet maintenance and repair.
The Visalia Solid Waste Division operates a fleet of 61 trucks, including: (19) commercial front-load trucks, (5) roll-off trucks, and (37) residential side-load trucks. The current replacement program for a solid waste truck is 10 years. As mentioned previously, the seven trucks being replaced were included in the FY 21/22 budget, but at that time, the manufacturer’savailability only allowed the City to order two of the nine trucks budgeted for that year. The trucks being replaced have been in operation for 12-13 years.
Over the last four fiscal years, the Solid Waste Division has replaced (38) refuse trucks, thus improving the City’sfleet to more current standards and greater operational efficiency and effectiveness. The replacement schedule that pertains to this report and for the future is as follows:
FY 21/22: (9) trucks (only 2 were available for order)
FY 22/23: No replacement (The remaining seven trucks from 21/22 are included in this report.) FY 23/24: (5) trucks
FY 24/25: (5) trucks
FY 25/26: (6) trucks
Diesel versus Compressed Natural Gas
The Solid Waste and Fleet Divisions are recommending that these trucks being purchased be diesel engine operated due to the historically lower repair costs and reduced downtime. In addition, the total purchase price for the diesel refuse trucks is $871,063 less than the Compressed Natural Gas (CNG) fuel system alternative.
Because there is no Congested Mitigation & Air Quality (CMAQ) funding available to offset the cost of CNG trucks at this time, staff concurs with this recommendation that will initially save the Solid Waste Enterprise Fund an average of $124,438 per vehicle. In the future, staff will continue to revisit the availability of CMAQ funding to ensure the City is utilizing all sources of offsetting revenue. It is important to note that CMAQ funds, when available, can only be used to replace diesel engine trucks. The City Council approved the purchase of (6) diesel replacement trucks on June 7, 2021 for the first time since 2004 when CNG replacements have been utilized. An additional (2) diesel trucks were approved on May 16, 2022.
Since diesel fuel costs have decreased over the last year, the conversation over CNG being a cost-effective alternative has become less of a factor. The Fleet Division prefers diesel engines due to their lower cost of repair, ease of repair, and overall reduced downtime. Because the Fleet Division has a limited staff, reduced repair time helps avoid the cost of hiring additional fleet mechanics in the future. Fleet has indicated that CNG fuel powered trucks break down 3 to 1 in frequency compared to the diesel engine alternative and have the potential of costing more when they get older due to higher operating temperatures.
Repair maintenance cost comparison based on real history for two solid waste trucks:
2003 Volvo Diesel Lifetime Repair Cost $252,122 (replaced in FY20/21) 2009 Peterbilt CNG Lifetime Repair Cost $391,817 (still in service - replacement due) Fuel Cost Difference per gallon:
Diesel per gallon $3.73
CNG per gallon (DGE - Diesel Gallon Equivalent) $2.48
Fuel Consumption Difference per year (based on 264 operating days):
Diesel @ 30 gallons per day = $29,542 yearly cost
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CNG @ 50 DGE per day = $32,736 yearly cost
Based on these calculations, a CNG truck would cost on average $124,438 more to purchase initially, could cost 60% more to repair, and could cost approximately $3,200 more per year in fuel based on current diesel and CNG prices. What cannot be quantified is the potential vehicle down time, loss of efficiency, and decreased customer service. Fleet staff has indicated that the downtime of CNG is significantly greater than diesel trucks due to the maintenance of components that simply do not exist on diesel trucks. Based on this analysis, staff is recommending the purchase of the diesel-powered vehicles.
Carbon Footprint:
CNG engines reduce greenhouse gas (GHG) and CO2 emissions by up to 20 percent compared to older diesel engines. However, diesel engines have made strides in clean technology and fuel efficiency. For example, Freightliner’s Selective Catalytic Reduction (SCR) and BlueTec® Emissions Technology were designed to ensure trucks exceed EPA standards by reducing pollutants, increasing truck performance, and improving truck cost efficiency. These advanced diesel engines minimize the production of emissions through efficient combustion.
Because of the newer diesel and CNG technologies, there is still a debate on whether CNG is better for our environment since they exceed diesel engines in methane production. Even though methane remains in the atmosphere significantly less time than CO2, methane’shigh potency as a greenhouse gas remains a high concern with some experts stating the difference as inconclusive until more time has passed and therefore more data is available.
Currently, the new Cummins Westport CNG engine is the lowest Nitrogen Oxide (NOx) producing engine for solid waste collection vehicles. The Valley Air Pollution District states that it is ten times cleaner than the older CNG engines and the current diesel engines.
Fiscal Impact:
The City's Capital Improvement Plan included $3,136,000 to purchase 9 vehicles for the fiscal year 21/22 (Various projects: VH0031, VH0037, VH0042). Due to availability constraints, only two were available for order last year and the remaining seven are available now for order.
VH0031 - $666,000 Total CIP Budget for two trucks. One truck was already ordered on this CIP in May 2022 for $317,806. This left a remaining CIP budget balance of $348,194. Total cost for the remaining front load truck is $395,741.
VH0037 - $2,214,000 Total CIP Budget for six trucks. One truck was already ordered on this CIP in May 2022 for $364,420. This left a remaining CIP budget balance of $1,849,580. Total cost for the remaining 5 side load trucks is $2,131,480.
VH0042 - $256,000 Total CIP Budget for one roll off truck. Total cost for one truck for this purchase is $243,522.
CIP Project #
Total Amount
Budgeted FY 21/22 Order
Remaining
Budget FY 22/23 Order Shortfall/Surplus
VH0031 $666,000 $317,806 $348,194 $395,741 ($47,547)
VH0037 $2,214,000 $364,420 $1,849,580 $2,131,480 ($281,900) VH0042 $256,000 $0 $256,000 $243,522 $12,478
Totals $3,136,000 $682,226 $2,453,774 $2,770,743
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98 File #: 23-0023 Agenda Date: 3/6/2023 Agenda #: 3.
This purchase will be (7) trucks available to the City at this time and will be paid for by the Solid Waste Enterprise Fund (441). Staff is requesting to appropriate the shortfall of $47,547 for CIP Project# VH0031 and $281,900 for CIP Project# VH0037 for a total of $329,447 from the Solid Waste Enterprise Fund (441). Any remaining funds, including proceeds from auctioning off old vehicles, will return to the Solid Waste Fund (441).
Prior Council Action: May 20, 2019
Award Purchase of 4 CNG refuse trucks to E.M. Tharp. January 6, 2020 Award Purchase of 13 CNG refuse trucks to E.M. Tharp. May 18, 2020 Award Purchase of 13 CNG refuse trucks to E.M. Tharp. June 7, 2021 Award Purchase of 6 Diesel refuse trucks to E.M. Tharp. May 16, 2022 Award Purchase of 2 Diesel refuse trucks to E.M.
Tharp.
Other: N/A
Alternatives: Alternative #1: Purchase CNG powered trucks in lieu of diesel-powered engines at a premium of the amounts listed below per truck type. All other operational truck equipment remains the same. Front Load Truck - $72,871 additional per truck (1 Truck) Side Load Truck - $145,446 additional per truck (5 trucks) Roll Off Truck - $85,962 additional per truck (1 Truck). Alternative #2: Choose not to authorize the use of Sourcewell’snational cooperative agreement with E.M. Tharp, Inc. This is not recommended as there can be significant delays with the procurement of vehicles. This may result in higher maintenance costs to keep older vehicles operating in the meantime.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award a contract to E.M. Tharp Inc. of Porterville, CA for the purchase and delivery of (7) diesel-powered Solid Waste Trucks in the amount of $2,770,743 and appropriate an additional $329,447 from the Solid Waste Enterprise Fund (441).
Alternative Motion: I move to authorize the City Manager to award a contract to E.M. Tharp Inc. of Porterville, CA for the supply and delivery of (7) CNG-powered Solid Waste Trucks in the amount of $3,656,806 and appropriate an additional $1,215,510 from the Solid Waste Enterprise Fund (441).
Environmental Assessment Status: The Citizens Advisory Committee has received a presentation of the diesel and Compressed Natural Gas (CNG) environmental impacts, and has approved of the diesel truck purchase as presented in this staff report.
CEQA Review: N/A
Attachments: Sourcewell Pricing
Quote - Side Load Truck (Diesel) Sourcewell Pricing Quote - Front Load Truck (Diesel) Sourcewell Pricing Quote - Roll Off Truck (Diesel) Sourcewell Pricing Quote - Side Load Truck (CNG) Sourcewell Pricing Quote - Front Load Truck (CNG) Sourcewell Pricing Quote - Roll Off Truck (CNG)
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101
102
103
104
105
Model
Model
220
Model
537
Model
548
Example MSRP/Base List Price $100,794 $103,943 $118,554 CY2021-2024 Sourcewell
DISCOUNT
5%
Sourcewell Customer Price $95,754 $88,352 $100,771
Model
List Price
CY2021-2024 Sourcewell
DISCOUNT
Sourcewell Customer Price
Sourcewell Customer Pricing CY2021-2024
Peterbilt Motors Company Contract #060920-PMC September 1, 2022 REVISION Model
220EV
Model
535
Model
536
$510,000 $99,051 $102,158
$202,862 $213,784 $670,000
Model
365
Model
367
Model
567
Model
579
Model
579EV
Model
389
Model
520
Model
520EV
$433,500 $84,193 $86,834
$156,975 $165,392 $517,500
*Customer price includes cab & chassis, factory-freight, Pre-Delivery-Inspection (PDI) and dealer profit. *Customer price does not include any flooring/interest charges, any applicable taxes (i.e. FET), and any components/services provided by the Peterbilt dealer after delivery from Peterbilt factory (i.e. body, manuals, training, doc fees, local-delivery, additional fuel/def, extended coverages, etc.)
• Due to global supply chain cost increases, all trucks are subject to a commodity surcharge of up to 10% of truck (cab & chassis) price (List price less Sourcewell Discount)
• All orders must be submitted at current price level. Current price level is 1/1/23. Note, this might change for second half of 2023.
• Canadian Peterbilt Dealers have the option to order chassis in Canadian or US Dollars. • If ordered in US dollars, Canadian Peterbilt Dealers have the option to lock-in the exchange rate and have the truck invoiced in Canadian Dollars prior to build date. (typically 2 weeks before build date). • Peterbilt/PACCAR-Canada provides Peterbilt Dealers the updated exchange-rate on a daily basis. • PACCAR Treasury uses a daily average along with 6 month futures. 15%
25%
$146,249 $156,815 $152,147 $160,338 $502,500
$209,300 $220,522 $690,000$194,999 $209,086
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Heil #091219-THC
Pricing for contract #091219-THC offers Sourcewell participating agencies the following discounts:
• 4% discount off MSRP for all products and services which would represent the ceiling price a member would pay to a Heil dealer, the exception to this would be the chassis • 4% discount off MSRP for 3
rd Eye products
• Discount does not apply to equipment rentals through those various entities
Please note: Due to the dramatic rise in material prices, Heil has implemented a 15% material surcharge on all units and options.
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New Way #091219-NWY
Pricing provided for contract # 091219-NWY includes a 4 % discount off MSRP to Sourcewell participating agencies.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0041 Agenda Date: 3/6/2023 Agenda #: 4.
Agenda Item Wording:
Authorize the City Manager to approve contract change order number 1 and 2 for construction of the Downtown Streetlight Project (1410-72000/CP0345-999) in an amount totaling $242,706.45 and contract change order number 1 for the construction of the Downtown Pavement Rehab Project (2390-72000/CP0373-999) in the amount of $248,959.18.
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Chantha Chap, Civil Engineer, [email protected], 713-4418 Eric Bons, Senior Civil Engineer, [email protected], 713-4350 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends City Council authorize the City Manager to approve contract change order number 1 and 2 for construction of the Downtown Streetlight Project in an amount totaling $242,706.45 and Contract Change Order number 1 for the construction of the Downtown Pavement Rehab Project in the amount of $248,959.18.
The request is for the approval of the change orders and not for the appropriation of any additional funds. Each of these change orders is able to be covered through the contingency included in the project budget and each projects has remaining funds in the contingency allotment should additional changes be needed. While there may be some small modifications, Staff anticipates that the major issues have already been dealt with through the initial phases of construction. (Project funds remaining in the budget is included below.)
Summary:
During the course of construction, the Downtown Streetlight and Paving project encountered unforeseen conditions, material supply shortages and City driven scope modifications. In addition, the project also had to adapt to requirements imposed by various outside agencies such as Caltrans and Southern California Edison (SCE).
Please note that the final numbers in the change orders below are the result of multiple back and forth negotiations between the City and contractor. In most cases, it took at least three to four iterations of the contractor’scost proposal before it was determined to be acceptable to the City. The reason there were so many iterations was because the City disagree with the labor hours and incorrect markup rates which resulted in inflated prices that was not reasonable to the project. In addition, the contractor wanted to include items of work that the City does not agree should be part of the cost proposal. For example, the contractor included traffic control expenses that were already part of the construction which would be considered double charging.
Each iteration was a two to four week process so at times it took approximately a month to three months before a cost proposal was determined to be acceptable. Furthermore, the contractor had a very tight timeline Visalia City Council Printed on 3/3/2023Page 1 of 8
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before a cost proposal was determined to be acceptable. Furthermore, the contractor had a very tight timeline to deliver the project to completion on Main Street by Thanksgiving. Due to the tight timeline the contractor focused most of the construction efforts on Main Street which impacted how quickly the contractor could assemble change orders and slowed their responsiveness to City’s comments.
Due to the reasons mentioned herein, the change orders took longer to assemble and present to Change Order Committee and ultimately City Council. In fact, all of these change orders have already been completed in order to meet the deadlines imposed on the contractor. In most cases, change orders over $100,000 are presented to Council prior to commencement of work and change orders less than $100,000 are included at the end of the project when staff files the notice of completion. In those latter cases, the change orders are typically minor in nature and cost. However, due to the dollar amount staff wanted to present to City Council prior to the completion of the project and have the mechanism to pay the contractor for work performed.
Staff does not anticipate any larger change orders with this project as the project is anticipated to be completed by April of this year.
Contract Change Order Details:
For the overall benefit to both projects staff recommends the following change orders be approved:
Change Order #1 - Downtown Streetlight Project (P03139) Item
No.
Description of Change Order Total Change C.O. Category
1 PVC/HDPE Conduit $41,051.60 C. of S./Supply
2 Rule 16 Modifications $19,757.27 C. of S.
3 Value Engineering Solar Lighting ($7,016.00) C. of S. 4 Demo Existing Streetlight Foundation $16,249.08 C. of S. 5 Tesco Panel Modifications $1,473.19 C. of S.
6 Deeper Streetlight Foundation $30,535.64 C. of S.
Total Cost of Change Order: $102,050.78
ITEM 1: PVC/HDPE Conduit (Increase Material Cost at Agreed Price) The substitution of PVC conduit in lieu of HDPE (Called out on plans) was due to availability issues and long lead times for HDPE and could have potentially delayed the project.
ITEM 2: Rule 16 Modifications (Extra Work at Agreed Price) Additional Rule 16/SCE work not shown on the project plans was required by SCE in order to energize service panel B. This includes additional conduit installation/boring, traffic control, pullbox installation and miscellaneous electrical.
ITEM 3: Value Engineering Solar Lighting (Credit at Agreed Price) The contractor proposed solar temporary lighting in lieu of traditional lighting as a means to save time on the project as potential SCE related delays would have delayed the start of the project. Temporary lighting was one of the first items of work and was necessary for the majority of subsequent electrical work on Main Street.
ITEM 4: Demo Existing Streetlight Foundation (Extra Work at Agreed Price) Complete removal of approx. (5) existing foundations of varying dimensions was required to install new street lighting foundations on Main Street. The general contractor provided a unit price per location that was negotiated and agreed to ($3,250) for each location.
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File #: 23-0041 Agenda Date: 3/6/2023 Agenda #: 4.
ITEM 5: Tesco Panel Modifications (Extra Work at Agreed Price) At the recommendation of the design engineer, additional modifications were necessary to the proposed Tesco lighting control panel B. The contractor provided an agreed lump sum cost from the manufacturer to perform these modifications.
ITEM 6: Deeper Streetlight Foundation (Extra Work at Agreed Price) The City of Visalia requested 12' deep foundations be installed in lieu of 6' foundations at (16) locations throughout Main Street as a modification to the project that would allow for placing of banners in the future.
The general contractor provided a unit price per location that was negotiated and agreed to ($1,900) for each location.
Change Order #2 - Downtown Streetlight Project (P03139) Item
No.
Description of Change Order Net
increase
C.O.
Category
1 Remove Miscellaneous Cables from Existing Poles $4,491.71 Unforeseen 2 RFI 37 Lighting Conduit Conflict - Force Account $2,546.37 Unforeseen 3 Power Conductor Size Upgrade $123,226.
01 TBD
4 Pothole and Work Around Cal Water Facilities $2,050.94 Unforeseen 5 COV Requested Parade Preparation and
Support
$4,108.76 C. of S.
6 Temporary Tesco Panel B Modifications $4,231.88 C. of S.
Total Cost of Change Order: $140,655.
67 ITEM 1: Remove Miscellaneous Cables from Existing Poles (Force Account) Compensation at force account to the contractor for removal and handling of miscellaneous wires, cabling and facilities on the existing street light poles. These facilities were not identified on the project plans or specifications.
ITEM 2: RFI 37 Lighting Conduit Conflict (Force Account) On the SW corner of Church and Main a pullbox feeding ball lights on a circuit not identified on the plans was identified and the contractor made modifications to allow for this location to be maintained as part of the new lighting system. Work was tracked at force account.
ITEM 3: Power Conductor Size Upgrade (Agreed Price)
During construction it was brought to the City’s attention that the conductors for the receptacles on the streetlights may not have been sized properly in the plans. City reached out to the design consultant to double check the electrical calculations and based on the proposed loading, it was discovered that the conductors would have to be upsized from #12 to #8 wire to provide the appropriate capacity. For reference, the lower the gauge number the larger the wire size will be. Based on the design consultant’s recommendation, the contractor ordered and installed upgraded power conductors for the street lighting run on Main Street between Willis and Santa Fe. Staff is currently in the process of working with the design consultant to determine why this issue was not caught during the design phase. If the original plan had included the larger conductor, the material and labor cost would amount to approximately $110,000 ($40K for material and $70k for labor). The total cost for Item 3 of this change order is $123,226.01. Because the larger conductor was not included in the original plans it resulted in an increase of approximately $17,000 to the project for which City will need to determine if this was a design error that would lead to liability on the design consultant.
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ITEM 4: Pothole and Work Around Cal Water Facilities (Force Account) Compensation at force account to the contractor for identifying, potholing and working around Cal Water facilities at varying depths that were in conflict with improvements on Main Street between Willis and Bridge Streets.
ITEM 5 - COV Requested Parade Preparation and Support (Force Account) At the request of the City of Visalia, the contractor provided added preparation activities as well as standby time for Main Street Holiday Parade. In addition to parade standby, the contractor worked on Veterans Day in an effort to expedite construction. This work was tracked at force account.
ITEM 6 - Temporary Tesco Panel B Modifications (Agreed Price) Compensate the contractor for added modifications during installation to SCE electrical service panel B (temporary) during fabrication. These modifications were necessary to ensure temporary panel could operate the proposed lighting facilities.
Change Order #1 - Downtown Pavement Rehab Project (P03138) Item
No.
Description of Change Order Net
increase
C.O.
Category
1 Additional Grind and Pave Limits from
Garden to Santa Fe
$200,552.20 C. of S.
2 Added Irrigation Boxes $488.75 C. of S.
3 Striping Material Change in Caltrans Right of Way$5,287.23 C. of S. 4 Install DI's and Storm Line at Encina $42,631.00 C. of S.
Total Cost of Change Order: $248,959.1
8 ITEM 1: Additional Grind and Pave Limits to Santa Fe (Increase on Contract Items) The City of Visalia requested additional grind and pave limits on Main Street between Garden and Santa Fe.
Originally, this area was not shown on the project documents to receive cold planning or new HMA because it was in relatively good shape. However, according to the plans this segment of roadway required multiple transverse cuts in the road to allow for streetlight conduits to be installed. In addition, in order to avoid hitting existing underground utilities, the contractor potholed multiple locations which created even more cuts into the roadway. All of this brought a road that was in relatively good shape to poor condition. Since this area was already under construction it would be beneficial to extend the limits of the paving work to complete continuity of the project through Santa Fe Street. The City has a future project next year to rehab the remaining side streets in Downtown. Contractor to be compensated at bid item prices for this work.
ITEM 2: Added Irrigation Boxes (Force Account)
Two (2) additional irrigation boxes installed at the NE corner of Encina and Main at the request of City of Visalia, Urban Forestry to house existing irrigation facilities.
ITEM 3 - Striping Material Change in Caltrans Right of Way (Agreed Price) Compensate the contractor for installing thermoplastic pavement stripe and markings within the Caltrans right of way on Court and Locust Streets. The project documents called for painted stripe and markings, however the this does not comply with the State requirements.
ITEM 4: Install DI's and Storm Line at Encina (Extra Work at Agreed Price) The existing drainage system located on the south side of Main Street at Encina Street does not function to Visalia City Council Printed on 3/3/2023Page 4 of 8
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The existing drainage system located on the south side of Main Street at Encina Street does not function to drain existing street run off. This extra work would remove the existing fail/damaged corrugated half pipe and replace with 12" storm main and install two drain inlets to improve drainage of the street.
Engineering staff presented these items to the Change Order Committee on February 23rd to seek approval of the change orders. The Committee denied and directed staff to renegotiate and/or remove miscellaneous overhead costs. The Committee approved the Change order(s) contingent upon the Contractor deleting noted costs. This report reflects negotiated change orders based on the Committee’sdirection. Due to the high dollar amount per the City Procurement Policy, the contract change order requires City Council approval. The Change Order Committee is a non-appointed committee of technical staff who are not directly involved with the project being considered. The Committee reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.
Background Discussion:
The Downtown Street Light Project consists of replacing a 70+ years old lighting system in Downtown Visalia with a modern lighting system that meet current industry standards. It’simportant to note that the primary purpose of the project is to replace this outdated and unsafe high voltage (4,000-volt) electrical lighting system. This system, with aging and deteriorated assets, makes the repair and maintenance very unsafe for City maintenance staff. The project includes replacing existing system with a new multi-functional streetlight system which will provide longer lasting serviceability, normal maintenance per industry standards, lowered operational cost, and an aesthetically pleasing finished product. In addition, the project also includes pavement rehabilitation and installation of joint trench facilities to take advantage of construction efficiencies and minimize construction disruptions in the future.
The Downtown Streetlight Project and the Downtown Pavement Rehabilitation Project were advertised together because they are complimentary projects that impact the same areas. The City of Visalia entered into a contract with A-C Electric Company on June 16, 2022 for construction of the Downtown Streetlight and Pavement Rehabilitation in the amount totaling $8,853,574.15.
Fiscal Impact:
Downtown Streetlight Project (CP0345)
The streetlight component of the Downtown project is funded by the Measure N (141) Fund with a total project budget of $9.6M. The table below shows the budget summary for the Downtown Streetlight Project:
Project Funding:
Measure N Fund (141) - Streetlighting: $9,600,000
Total Project Funding: $9,600,000
Project Costs:
Design Staff Time (Estimated) $350,000
Design -Consultant (QK Inc.) $504,916
Construction Management -Staff Time (Estimated) $196,000 Streetlight Procurement $822,050
Construction Management (NV5, Inc.) $515,386
Construction -Streetlighting (AC Electric) Construction Change Order #1 & #2 $6,279,318 $242,706
Total Project Costs: $8,910,376
Summary:
Total Project Funding: $9,600,000
Total Project Cost: ($8,910,376)
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Project Funding:
Measure N Fund (141) - Streetlighting: $9,600,000
Total Project Funding: $9,600,000
Project Costs:
Design Staff Time (Estimated) $350,000
Design -Consultant (QK Inc.) $504,916
Construction Management -Staff Time (Estimated) $196,000 Streetlight Procurement $822,050
Construction Management (NV5, Inc.) $515,386
Construction -Streetlighting (AC Electric) Construction Change Order #1 & #2 $6,279,318 $242,706
Total Project Costs: $8,910,376
Summary:
Total Project Funding: $9,600,000
Total Project Cost: ($8,910,376)
Project Funds Remaining:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $689,624 Downtown Pavement Rehabilitation Project (CP0373)
The pavement rehabilitation component of the Downtown Project is funded by funds from the Senate Bill 1- Road Maintenance and Rehabilitation Account (SB1 RMRA) Fund (113) with a total project budget of $3,520,800. These funds are for the design and construction of pavement rehabilitation, limited sidewalk repairs & curb ramps, and ADA-compliant parking stalls. The table below shows the budget summary for the Downtown Pavement Project:
Project Funding:
SB1 Funding (113) - Pavement Rehabilitation $3,520,800
Total Project Funding: $3,520,800
Project Costs:
Design Staff Time (Estimated) $56,230
Design -Consultant (QK Inc.) $380,603
Construction Management -Staff Time (Estimated) $49,000 Construction Management (NV5, Inc.) $128,847
Construction -Streetlighting (AC Electric) Construction Change Order #1 $2,574,257 $248,959 Total Project Costs: $3,437,896
Summary:
Total Project Funding: $3,520,800
Total Project Cost: ($3,437,896)
Project Funds Remaining: …………………………………………………. $82,904 With the current progress of construction, the project funding is sufficient to cover the cost for the contract change orders and therefore no additional appropriation transfer is needed.
Prior Council Action:
November 7, 2022 - City Council authorized City Manager to approve consultant contract Amendment #2 in the amount not to exceed $44,326 for the Downtown Streetlight Project (CP0345) and consultant contract Amendment #4 for the Downtown Pavement Rehabilitation Project (CP0373) in the amount not to exceed $55,215 for additional construction support with Quad Knopf (QK).
May 2, 2022 - City Council conducted the first of two public hearings to amend the Measure N plan and appropriate $2,700,000 towards the Downtown Streetlight Project (CIP 1410-72000/CP0345-999) to address a shortfall in the Downtown Streetlight project’s budget.
April 7, 2022 - The Measure N Oversight Committee reviewed and approved the Measure N amendment for the appropriation of $2,700,000 towards the Downtown Streetlight Project.
April 4, 2022 - City Council received the bid results for the Downtown Streetlight and Downtown Pavement Rehabilitation Projects for information. Authorized staff to begin the Measure N amendment process for the Visalia City Council Printed on 3/3/2023Page 6 of 8
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Rehabilitation Projects for information. Authorized staff to begin the Measure N amendment process for the appropriation of $2.7M towards the Downtown Streetlight Project. Council authorized the appropriation of $2,141,800 of SB1 RMRA funds towards the Downtown Pavement Rehabilitation Project.
December 6, 2021 - City Council authorized the City Manager to execute an agreement with NV5, Inc. to provide the construction management services for the Downtown Streetlight Project and Pavement Rehabilitation Project in the amount of $644,233.00.
November 15, 2021 - City Council authorized the City Manager to purchase the streetlight poles for the Downtown Streetlight Project from AV Poles and Lighting of Lancaster, CA, in the amount of $822,050.25.
November 15, 2021 - City staff presented the preliminary construction staging plans for the Downtown Streetlight Project and Downtown Pavement Rehabilitation Projects.
June 7, 2021 - City staff presented the recommendation for the appropriation of $2.4M for the Downtown Streetlight Project to the second public hearing. The committee reviewed and approved the recommendations.
May 17, 2021 - City staff presented the recommendation for the appropriation of $2.4M for the Downtown Streetlight Project to the first public hearing. The committee reviewed and approved the recommendations.
April 22, 2021 - City Staff presented the recommendation for the appropriation of $2.4M for the Downtown Streetlight project to the Measure N Oversight Committee. The Committee reviewed and approved the recommendation.
March 15, 2021 - City Staff presented decorative streetlight options for the downtown streetlight project. City Council approved the recommendation for the layout option 3 and streetlight scenario 3 and Measure N amendment process to approve the appropriation of $2.4M for the Streetlight project.
December 07, 2020 - City Staff presented standards for installing Back Flow Preventors within the public right of way. City Council approved the recommendation for the standards.
July 21, 2020 - City Staff presented revised layout options for the Downtown Streetlight Project. City Council approved the recommendation for a core decorative streetlight style.
June 01, 2020 - City Staff presented layout options for the Downtown Streetlight Project. City Council requested additional information from City Staff.
October 21, 2019 - Council authorized award of the design contract for the Downtown Streetlight Project to Quad Knopf for an amount not to exceed $407,098.00.
October 15, 2018 - City Staff presented an update of the downtown streetlights project to City Council during a work session item.
April 16, 2018 - Council approved Resolution No. 2018-25 to designate various road projects for 2018/19 funding from the State of California Road Repair and Accountability Act of 2017 (Senate Bill SB1) Alternatives:
None recommended.
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Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to approve Contract Change Order number 1 and 2 for construction of the Downtown Streetlight Project in an amount totaling $242,706.45 and Contract Change Order number 1 for the construction of the Downtown Pavement Rehab Project in the amount of $248,959.18.
Environmental Assessment Status:
None.
CEQA Review:
Categorical Exemption, Section 15301(c)
Attachments:
1. Ownership Disclosure
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0058 Agenda Date: 3/6/2023 Agenda #: 5.
Agenda Item Wording:
Consideration of a Mural Application request from Leadership Visalia for one mural proposed on the south-facing facade of the Valley Strong Stadium (Rawhide ballpark) located at 300 North Giddings Street, together with a request for the City Council to authorize allowing placement of a mural on City -owned property.
Deadline for Action: 3/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, [email protected] <mailto:[email protected]>;
Paul Bernal, Community Development Director, (559)713-4025, [email protected] Department Recommendation:
Staff recommends, based on the recommendations of the Mural Panel and the Parks & Recreation Commission, that the mural application for the proposed mural located at 300 North Giddings Street be approved as shown in Attachment 2, with the modification that the wording / phrase located on the right-hand side of the mural be removed. Staff further recommends that the City Council authorize allowing placement of a mural on the City owned property containing the stadium.
Background Discussion:
The City of Visalia received a mural application on January 24, 2023, from participants in the Leadership Visalia program for a mural to be painted on a south-facing wall of the Valley Strong Stadium (Rawhide ballpark) located at 300 North Giddings Street. The stadium is owned by the City of Visalia, therefore authorization for use of the stadium ground for a mural must also be authorized by City Council. The mural, if approved, will be visible from Giddings Street and from the alley located directly south of the stadium, being that the dirt lot is located in the foreground between the mural and the alley. The mural application (see Attachment 1), a rendering of the original mural submitted by the applicant (see Attachment 2), a picture imposing the mural over the wall (see Attachment 3), and a photo of the existing wall (see Attachment 4) are attached. The 38-foot by 12-foot mural is inspired by the subjects of baseball and mental illness and seeks to inspire the community and bring awareness and hope, to people, through an image that people can discuss and identify with.
The proposed mural is designed by Colleen Mitchell-Veyna and Kelsey Gilles. Ms. Mitchell-Veyna has a long resume of painting murals in southern San Joaquin Valley communities and has painted other murals recently in Visalia, specifically at the Farm Bureau and at the Tucoemas Federal Credit Union on Akers Street. The proposed mural depicts three butterflies with the butterfly being chosen as a symbol for people affected by mental illness, being that the cocoon like condition of the butterfly in the early stage of development resembles feelings exhibited by those with mental illness. The mural’sbackground depicts a stadium, baseball diamond, and field lighting. The foreground is shown Visalia City Council Printed on 3/3/2023Page 1 of 4
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mural’sbackground depicts a stadium, baseball diamond, and field lighting. The foreground is shown with two quotes, which are clearly illustrated in Attachment 2. At the Mural Panel meeting (see discussion below), the applicants confirmed that one of the quotes that was taken from an online source would not be included as part of the mural but rather on a separate posted sign or monument apart from the mural. All portions of the mural are to be original artwork. The mural will be prepared in a studio on a mural canvas fabric, then applied to the wall, painted, and sealed with a UV protectant and anti-graffiti coating.
In reviewing the mural’splacement upon the wall, City staff has identified some separation between the concrete pad atop the wall and the wall itself. The applicant and City staff have been in ongoing discussion regarding the necessary measures for professionally mounting the individual mural panels in a manner that does not cause any further damage to the wall while the City leads a project to repair the wall.
Work on the mural is expected to begin upon receiving approval from the City Council. The applicant has stated that the Visalia Rawhide has agreed to oversee maintenance of the mural. Since the City owns the property, the terms of the mural’sapplication and maintenance are delineated in the mural agreement (see Attachment 5), as further discussed below.
Mural Panel Review
In accordance with the City’smural guidelines and procedures (see Attachment 6), the Mural Panel consisting of a representative from the Arts Consortium (Ampelio Mejia Perez), Arts Visalia (Alison Schlick Miniaci), and a mayoral appointment (Walter Deissler) convened to review the application.
The purpose of the Mural Panel is to assure compliance with local ordinances and the mural guidelines, and to determine whether the artist can produce a quality piece of art. All members of the Mural Panel together with members of Leadership Visalia and the artist team met on February 15, 2023, to discuss the mural.
The Mural Panel was provided with the application materials, the rendering included in Attachment 2, and access to the artist’swebsites (listed in the application, Attachment 1) that provide a profile and samples. The Mural Panel was favorable to the artwork and had no concerns with the artist’sability to prepare a quality mural. With respect to the mural’s objective to raise awareness toward mental awareness utilizing baseball as the backdrop, the Panel felt that the images did not depict an outright depiction of promoting a “brand, organization, service, [or] cause” that is restricted under the City’s general mural guidelines.
The mural is proposing to contain two phrases - one being a quote by Maya Angelou, and the other being a statement that more directly speaks toward the condition of mental illness. At the suggestion of the Panel, and the agreement of the applicant based on concern regarding dated language and the origin of the statement, the latter quote was agreed to be removed from the mural.
Additional discussion centered around the depiction of baseball and compliance with the mural guidelines. While members of the panel considered that the mural’smessage was overtly related to baseball, the panel concluded that the mural did not explicitly promote the Rawhide brand, and noted the site’shistoric and long-standing use as a baseball stadium that has hosted many professional leagues including the current home team of the Visalia Rawhide. While there is no wording or logo depicting Rawhide, one of the butterflies is depicted in a cowhide pattern.
One public comment was given during the mural panel meeting, wherein there was concern of the baseball backdrop and symbology within the butterfly wings undercutting the mental health message that is intended to be the focus of the mural.
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Parks & Recreation Review
In accordance with the City’smural guidelines and procedures, murals installed on a community center or park must also be reviewed by the Parks and Recreation Commission prior to submission to the City Council. The Commission held a Special meeting on March 1, 2023, to review the mural.
The Commission made and approved a motion (3-0 vote) to approve the mural without the inclusion of the quote shown on the right-hand side of the mural, as also recommended by the Mural Panel and concurred by the applicant team. The Commission noted that they were in full support of the mural concept as well as location at the ballpark and near the high school.
Mural Agreement
The City’s mural guidelines requires that the project’s proponents enter into an agreement that identifies the terms and conditions under which the mural will be applied and maintained. A draft of the mural agreement is attached to this report as Attachment 5, should the City Council elect to approve the mural application. The draft agreement has been prepared with input from City staff and from the City Attorney, being that the City is the owner of the ballpark facility and leases the facility to Visalia Rawhide Baseball Club (“Lessee”). Under the draft agreement, the Lessee will work together with the artist to provide maintenance as needed, no less than once every five years.
Fiscal Impact:
There is no fiscal impact to the City, although the City owns the stadium on which the mural will be placed. The stadium is being leased to Visalia Rawhide Baseball Club who has agreed to maintain the mural as defined in the mural agreement. The artist is responsible for the installation of the mural and the lessee is responsible for providing all materials necessary to install the mural. In the event that landscaping on the property must be removed to install the mural, the artists will be responsible for replacing the landscaping.
Prior Council Action:
No prior Council action related to mural proposals on the site.
Other: None.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the mural application for a mural on the south façade of the stadium located at 300 North Giddings Street as shown in Attachment 2, without placement of the text depicted on the right- hand side of the mural.
Environmental Assessment Status:
The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.
CEQA Review:
The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.
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Attachments:
Attachment 1: Application.
Attachment 2: Proposed Rendering.
Attachment 3: Elevation of wall with mural.
Attachment 4: Elevation of existing wall with street in foreground.
Attachment 5: Draft Mural Agreement.
Attachment 6: Mural Guidelines.
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Valley Strong Ballpark / Visalia Rawhide, 300 N. Giddings Street
The mural is proposed on the center of the south-facing wall. Removal of ivy is required before installation. 129
MURAL INSTALLATION AND MAINTENANCE AGREEMENT
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MURAL INSTALLATION AND MAINTENANCE AGREEMENT
This MURAL INSTALLATION AND MAINTENANCE AGREEMENT (the
“Agreement”) is made this 17th day of February, 2023, in the City of Visalia, County of Tulare, State of California, by and between City of Visalia (“Owner” or “City”), Colleen Michell-Veyna (“Artist”) and the Visalia Rawhide Baseball Club (“Lessee”).
W I T N E S S E T H:
WHEREAS, City understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city, and advancing the arts.
WHEREAS, murals are permitted under the City’s sign ordinance upon the issuance of a permit from City pursuant to Visalia Municipal Code § 17.48.040.
WHEREAS, pursuant to City’s Mural Guidelines and Procedures, murals meeting certain specification are allowed subject to review by the City’s Mural Panel and final approval by the City Council in accordance with VMC § 17.48.040.
WHEREAS, Lessee is leasing from City the facility currently known as Valley Strong Ballpark, formerly Recreation Ballpark, which consists of a baseball stadium and associated stadium facilities located at 300 N. Giddings Street, Visalia.
WHEREAS, Lessee, with the permission of City as the facility owner, is interested in allowing Artist to create a mural in the area described in this Agreement.
WHEREAS, pursuant to the City’s Mural Guidelines, following approval by the Mural Panel, Owner and Artist are required to provide to the City Manager, or his/her designee, evidence of an agreement which identifies the terms and conditions for the proposed mural that will be applied; and
WHEREAS, to comply with the City’s Mural Guidelines, Lessee, Artist, and City desire to execute an agreement establishing the Parties’ rights and responsibilities with respect to the installation, maintenance, and ownership of the mural.
NOW, THERFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
Article 1
Definitions
1.1 “Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.
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1.2 “Commercial element” means art that by virtue of its location or proximity to a business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature.
1.3 “Good condition” means that the mural that is the subject of this Agreement must be kept free of dirt, debris, graffiti, other forms of defacement, any other object or substance interfering with the public’s view of the mural, that any connection of the mural and the structure be maintained in good working order, and that the mural, including any mounting hardware, be maintained at regular intervals to counteract impacts from sunlight and weather. The term good condition also includes the requirement that if the mural is mounted to a structure, then the structure must be maintained to avoid damage from the installation of the mural and repaired if the mounting of the mural on the structure causes damage over time.
1.4 “Mural” is the artwork that is the subject of this Agreement, and Parties acknowledge the Mural must be approved pursuant to the mural policy referred to in Visalia Municipal Code, Chapter 17.48 prior to installation . The term “mural” is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall. Parties acknowledge that installation of the Mural at the proposed location may subject the Mural to destruction, distortion, mutilation, or other modification by reason of its removal.
1.5 “Mural Panel” means the group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council.
Article 2
Owner and Lessee Covenants
2.1 Owner Covenants. Owner covenants that it owns Valley Strong Ballpark, located at 300 N. Giddings Street, Visalia, California, 93291 (the “Property”), is authorized to permit the mural’s installation upon the south-facing wall of the Property, subject to compliance with the applicable City of Visalia policy on murals, and will permit the mural to be installed by Artist following this Agreement’s execution, in accordance with the City Council’s action to approve the mural’s installation on March 6, 2023. A map showing the proposed location of the mural is attached to this Agreement as Exhibit “A” and made a part hereof by reference.
2.2 Lessee Covenants. Lessee covenants to work with Artist to maintain and repair the mural during the term of this Agreement so that the mural is at all times in a state of good condition. In addition, Lessee covenants that should it transfer its lease of the Property, then it shall require the new leaseholder to assume all duties under this Agreement.
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Article 3
Artist’s Covenants
3.1 Installation. Artist covenants to complete installation of the mural on the south-facing wall of the Property within 120 days after this Agreement’s execution.
3.2 Necessary Artistic Repairs. Artist covenants to assist Lessee in maintaining and repairing the mural so that it is in a state of good condition during this Agreement, this includes but is not limited to making any necessary repairs to the Mural’s artistic content, including, but not limited to, restoring a damaged porti on of the M ural’s content.
Article 4
Term, Termination, and Extension
4.1 Term. Parties acknowledge the Mural is for a specific term and is not permanent. The Mural may be removed at the expiration of this Agreement or sooner if the Mural is causing damage to the structure, is not being maintained properly, or interfering with the use of the Property. This Agreement shall have a term of seven (7) years from the date of execution, unless terminated pursuant to Article 4. This Agreement shall end at the expiration of the Term and the Owner or Lessee in possession of the Property may remove the Mural after providing notice to the Artist at least ninety (90) days prior to removal that removal may damage the Mural and the Artist has the right to remove the Mural . If the lease by the Lessee ends prior the termination of this Agreement and is not transferred to a new leaseholder, then this Agreement may continue between City and Artist, or City, at its sole option may decide to terminate this Agreement and remove the Mural.
4.2 Termination for Failure to Complete Mural. Lessee may elect to terminate this Agreement without any liability to Artist or City if Artist: (a) fails to install the Mural as specified in this Agreement; or (b) fails to complete installation of the Mural on the date required by Section 3.1 for any reason. In the event of such termination, Lessee shall be responsible for covering or removing those parts of the Mural that have been installed and shall have no requirement to notify the Artist prior to covering or removing the Mural in this instance since the Mural will be considered unfinished and unauthorized.
4.3 Termination for Failure to Maintain. City or Lessee may elect to terminate this Agreement without any liability to Artist if the Mural is not maintained in accordance with Section 7.1.
4.4 Extension. The Parties hereto may mutually agree in writing to extend the term of this Agreement for successive five (5) year periods.
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Article 5
Mural Specifications
5.1 Artistic Freedom. The provisions of this Article 5 shall not in any way limit or restrict Artist’s right to include content in the mural that is not commercial, indecent, or obscene. However, the Mural will be considered a sign and must be approved pursuant to the City of Visalia Mural Policy before it can be installed. Installation of the Mural without approval pursuant to the Mural Policy will mean the Mural is not authorized and will be subject to removal by the City at the cost of the Lessee.
5.2 Commercial Content. The Mural shall not include an advertisement or be commercial in nature. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organiz ation, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction.
5.3 Obscene and Indecent Content. The Mural shall comply with City ordinances prohibiting indecency and obscenity in public.
5.4 Sponsor and Artist Identification. In no event shall the name of a sponsor, a sponsor product likeness, or the Artist’s signature individually comprise more than one (1) percent of the Mural.
5.5 Configuration and Dimensions. The Mural shall be of the same configuration and dimensions as the scale rendition preliminarily approved by the Mural Panel and Owner.
Article 6
Installation
6.1 Time of Installation. Artist shall begin installing the M ural as soon as reasonably practicable after this Agreement’s execution and approval of the Mural pursuant to the City of Visalia Mural Policy . Artist shall complete the Mural within 120 days once work on installation of the Mural begins.
6.2 Notice of Installation. Artist shall provide advance notice in writing to Lessee and City of the date and time Artist intends to install the M ural. Artist may thereafter proceed with the insta llation if Lessee or City is not present, unles s Lessee or City notifies Artist in writing otherwise.
6.3 Materials. Lessee shall be responsible for providing, at its cost, all materials necessary to install the M ural. Lessee is also solely responsible for confirming that the proposed location of the Mural is structurally suitable for the placement of the Mural.
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6.4 Landscape Protection and Removal. To the extent reasonably practicable under the circumstances, Artist shall take care to protect any landscaping on the Property during installation. If installation requires the removal of any landscaping on the Property, Artist shall be responsible for replacing the landscaping after completing installation and all costs associated with replacement , if necessary . Prior to removing or altering any landscaping on the Property, Artist shall first acquire Lessee’s and City’s consent to such removal or alteration.
6.5 Application for Encroachment Permit . Artist shall determine whether installation of the M ural requires an encroachment permit pursuant to Visalia Municipal Code § 12.12.010, which requires an encroachment perm it for any work performed in the public right of way or utility easements in the City, and, if required, Artist shall acquire said permit prior to commencing the Mural’s installation.
Article 7
Maintenance and Repairs
7.1 Maintenance and Repairs. Lessee shall be responsible for maintaining the Mural and the underlying wall in good condition at all times while this Agreement is in force. This includes liability for all maintenance costs. This Agreement shall presume that the Mural requires regular maintenance at least every five-years. Lessee shall be responsible for working with the Artist in conducting this required maintenance, or alternatively provide City with a maintenance schedule for the Mural that will be followed by the Artist. If, for any reason, the Mural is not so maintained, as determined by City, City shall notify Lessee of the need to perform maintenance and/or repairs and identify the actions necessary for compliance with t his provision. If, after thirty (30) days from the date of the City’s notification to Lessee of the need for maintenance and/or repairs, Lessee has not performed the actions identified by City as being necessary for compliance with this provision, City may enter Lessee’s property and perform any necessary maintenance and/or repairs at Lessee ’s expense. Parties acknowledge that failure to maintain or repair the Mural shall be considered harming the Property or limiting the ability of the Owner and Lessee to use the Property for the purpose for which it is intended.
7.2. Access. Lessee hereby grants City and Artist a right of access to the Property to paint the M ural and to perform maintenance and repairs required pursuant to this Agreement, and otherwise to ensure the M ural remains in good condition while this Agreement is in force. The license shall continue at all times while this Agreement is in effect.
Article 8
Removal
8.1 Removal by City. City may remove the M ural at Lessee’s expense if Lessee fails to maintain the Mural in good condition as provided in Section 7.1 or if the term of this Agreement expires.
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8.2 Removal by Lessee. Lessee may remove the Mural at Lessee’s expense if Lessee reasonably determines that the Mural is harming the Property or l imiting Lessee’s ability to use the Property for the purpose for which it is intended.
8.3 Notice to Artist. Prior to removal of the Mural the City or Lessee shall provide Artist and the other Party to this Agreement with ninety (90) days’ notice that they intend to remove the Mural at the end of the notice period and that removal of the Mural may cause destruction, distortion, mutilation, or other modification of the Mural . Artist, may choose to remove the Mural at Artist’s expense. If possible, Lessee shall work with Artist and City to find another suitable site for the Mural.
Article 9
Insurance and Indemnification
9.1 Insurance. Lessee and Artist shall obtain adequate insurance, both in type and amount, as determined by the City’s Risk Manager; provided however, that if either party is unable to obtain insurance coverage, then in lieu thereof that party may agree to indemnify City pursuant to Section 9.2 after submitting a verified statement (a) stating that the party was unabl e to obtain insurance coverage after a reasonable and good faith attempt to do so and (b) identifying the name and address of at least two insurance agents or other sources contacte d for the purpose of obtaining insurance pursuant to this Agreement.
9.2 Indemnification and Coordination. Unless insurance coverage has been obtained in accordance with Section 9.1, Lessee and Artist hereby agree:
(i) to jointly and severally indemnify City for any costs the City incurs in connection with the M ural caused by the actions of the Lessee or Artist, their officers, employees, or agents, or any person who was under their control insofar as permitted by law. Further, Lessee and Artist hereby agree to hold harmless, indemnify, and defend the City of Visalia, its officials, members, agents , and employees against any claims, costs, damages, demands, liability, and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of either party in connection with the Mural, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability, and notices, or any of these, caus ed solely by the negligence or willful misconduct of City; and
(ii) to cooperate with the City to respond to specific risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the activity contemplated by this Agreement.
Article 10
Intellectual Property
10.1 Ownership: City, its successors and assigns, shall own all rights in the Mural except as specified below.
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10.2 Copyright. Subject to the restrictions and usage rights and licenses granted to Owner hereunder, and unless otherwise agreed to by the parties in writing, Artist shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the Mural.
10.3 Intellectual Property License. Artist hereby grants to City and Lessee, and their agents, authorized contractors, and assigns, an unlimited and irrevocable license to do the following with respect to the Mural:
(i) Lessee and City may use and display the Mural on the Property only.
(ii) Lessee and City may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the M ural.
Lessee and City may use such reproductions for any Lessee-related or City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity. Lessee and City shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Lessee and City shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “[Title of Artwor k]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this agreement. Neither Lessee nor City may license or sublicense its rights for any private or commercial purpose. This license granted hereunder does not include the right to sell photographs or reproductions of the Mural or to reproductions.
10.4 Third Party Infringement. Artist represents and warrants that the Mural is the sole work of the Artist and does not infringe the intellectual property rights of any third parties. Neither Lessee nor City is responsible for any third party infringement of Artist’s copyright or for protecting Artist’s intellectual property rights. Further, Artist agrees to indemnify Lessee and City against any claims brought against Lessee or City alleging that the Mural infringes the intellectual property rights of any third parties.
10.5 Publicity. Lessee and City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Mural. Artist shall be reas onably available to attend any ceremonies related to the Mural.
10.6 Trademark. In the event that Lessee’s or City’s use of the Mural creates trademark, service mark or trade dress rights in connection with the Mural, Lessee and City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress.
10.7 Waiver of Artist’s Rights. With respect to the M ural produced under this Agreement, and in consideration of the procedures and remedies specified in this 136
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Agreement, Artist hereby waives any and all claims, arising at any time and under any circumstances, against L essee and City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Specifically, Artist hereby waives any and all such claims against Lessee, City or any future owners of the Property , and its agents, officers and employees, and City. Artist hereby represents and warrants that the Artist is authorized to sign this waiver.
Article 11
Miscellaneous Provisions
11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL
ONE PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT , OR INCIDENTAL DAMAGES,
INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS
AGREEMENT, REGARDLESS OF WHETH ER A CLAIM MADE BY THAT PARTY IS BASED ON CONTRACT OR TORT.
11.2 Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.
11.3 Modification and Amendment. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement. Parties agree that should the current Lessee sell or transfer its leasehold interest in the Property, then this Agreement may be transferred to the new leaseholder of the Property.
11.4 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Visalia.
11.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
11.6 Entire Agreement. This Agreement sets forth the entire a greement between the parties and supersede all other oral or written provisions.
11.7 Counterparts. This Agreement may be executed in multiple counterparts and signatures may be exchanged by facsimile or electronically, each of which shall be deemed to be an original document, and all of which together shall constitute one and the same document.
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11.8 Relationship of the Parties. Nothing contained in the Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors. Neither Party shal l have authority to contract for or bind the other in any manner whatsoever. The Agreement confers no rights upon either Party except those expressly granted herein.
11.9 Attorney Fees. In the event either party commences legal proceedings for the enforc ement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees, litigation expenses, and court costs incurred in the action brought thereon. Attorney’s fees and litigation expenses shall include without limitation costs of preparation and discovery and retaining expert witnesses, and such fees and expenses shall be payable whether or not the litigation proceeds to final judgment. “Prevailing party” shall be defined as the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary reli ef and in situations other than as specified herein, the prevailing party shall be as determined by the court.
11.10 Notices. Notices or other communications required by this Agreement will be sufficiently made or given if mailed by certified First Class United States mail, postage pre-paid, or by commercial carrier (e.g., FedEx, UPS, etc.) when the carrier maintains receipt or record of delivery, addressed to the address stated below, or to the last address specified in writing by the intended recipient. Parties agree to notify each other of any changes in their address.
Owner: City of Visalia
Attn: Leslie Caviglia, City Manager
220 N. Santa Fe Street
Visalia, CA 93292
Artist: Colleen Mitchell-Veyna
xxxxx
xxxxx
Lessee: Visalia Rawhide Baseball Club
300 N. Giddings Street
Visalia, CA 93291
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.
Owner
______________________________
Leslie Caviglia
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City Manager
Artist
______________________________
Colleen Mitchell-Veyna
Lessee
______________________________
Visalia Rawhide Baseball Club
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1 CITY OF VISALIA
MURAL GUIDELINES AND PROCEDURES
INTRODUCTION:
Murals are considered signs and, as such, are governed by the City’s sign ordinance found in Chapter 17.48 of the Visalia Municipal Code (“VMC”). Murals require the issuance of a permit fro m the City pursuant to VMC §17.48.030. Murals which are non-commercial, contain no advertising copy and which do not function as an advertisement are allowed, subject to review by the Mural Panel and final approval by the City Council (VMC §17.48.040(S).). These guidelines are provided to assist mural applicants through the process prior to presentation to City Council.
PURPOSE: To define the process used by groups or individuals (“applicants”) who desire to install murals in Visalia public places. T he City of Visalia understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city and advancing the arts. These guidelines will provide direction to applicants wishing to install murals in public places.
DEFINITIONS:
“Parks Commission” means the Visalia Parks and Recreation Commission which is responsible for City of Visalia Parks.
“Planning Commission” means that Visalia Planning Commission resp onsible for approving variances in the sign ordinance.
“Public places” means places within the City limits of Visalia, which are visible to the public.
“Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.
“Commercial Element” means art that by virtue of its location or proximity to a business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature.
“Mural” means a sign as defined in VMC Chapter 17.48. It is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.
“Mural Panel” means a group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council. Mural Panel will be comprised of one (1) representative from the Arts Consortium, one (1) representative from Arts Visalia, and one (1) representative appointed by the Mayor.
In all cases, the person appointed should have no involvement/conflict of interest with the mural under consideration. The representatives will be appointed by the Chair of these organizations and the Mayor upon the receipt of a Mural Application.
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2 “Preliminary Approval” means the application has been accepted, found to be in good order and complete and the proposed mural is deemed appropriate by the mural panel.
GENERAL GUIDELINES:
1. The emphasis of the murals will be on “artistic expression” and m ust not include an advertisement or be commercial in nature. This will in no way limit or restrict the artist’s right to include speech and /or artistic expression in a mural that is not commercial as defined above . All murals must comply with City ordinances that prohibit indecency or obscenity in public.
2. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction. For those mural applications that may contain limited commercial elements, the Mural Panel will ask the question – “If the business on which the mural is located were to move, would the mural still be good quality art and something the community would want to remain? ” If so, the mural is not considered commercial speech or advertisement but rather pure art.
3. Murals shall not be merely an extension or enlargement of a sign. If the theme of the mural is to promote a business, brand, organization, service, cause or place, it shall meet all requirements of the City of Vi salia sign ordinance. If the proposed mural is determined to be commercial in nature and is therefore deemed by the Mural Panel to be a form of advertisement, the Mural Application will be referred to the City of Visalia Planning Department for a variance in the sign ordinance. That application will then follow their process for review and approval.
4. Not more than 1% of the mural will contain the name of a sponsor and/or sponsor product likeness. The artist’s signature shall not be more than 1% of the mural.
5. Temporary Murals will receive, as is reasonably practicable, expedited review by the Mural Panel. Temporary murals shall be required to comply with the provisions of these guidelines, and will be removed no later than one year after completed. After one year, if there is a desire for the mural to remain in place, the owner will resubmit a mural application and follow the standard process as outlined herein.
6. Mural artists will be required to demonstrate their ability and experience to create high qu ality, well design ed and well executed murals and/or art. The artist must provide the Mural Panel a portfolio of work that is reflective of the style of the proposed mural. This will be used to help determine whether the artist will be able to uphold the standards for quality art with in the City of Visalia. For those artists without a portfolio of work , the Mural Panel will consider other presented forms of art that demonstrate an ability to create a quality mural.
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3 7. New murals erected without receiving p roper approval and that did not go through the Mural Application and Approval Process, will be required to retroactively go through the Process. Property owners will have 30 days after receiving notification to submit a mural application after which the m ural will be deemed a sign and subject to all permitting requirements of VMC 17.48. The retroactive mural applications will be required to comply wi th all Mural Guidelines and must receive City Council approval. Murals that fail to be approved will be removed within 30 days after the denial at the property owners expense.
APPLICATION AND APPROVAL PROCESS:
STEP 1: Muralist(s) must obtain an application from the Community Development Department office at 315 E. Acequia Ave. or online at www.visalia.city. The time required to process a mural application will vary but will be a maximum of 90 days from application submittal. The application will provide information to the City regarding location, size, concept and content of the mural, type of paint/medi a, owner of the building where the mural will be located, artist(s), dates of application, individuals who will be responsible for maintenance . The application must be signed by the individual/group proposing to place the mural, as well as the property owner where the mural will be placed and submitted to the City Manager or his/her designee along with a 1:12 scale [1”=1 ft. -0”] sketch, rendering or photo of the proposed mural.
STEP 2: The application and mural rendering must be reviewed and approved by the Mural Panel and the owner of the property where the mural is proposed to be placed. The review will be conducted to assure compliance with local ordinances and regulations, these guidelines, and the ability of the artist(s) proposing the mural to pro duce a quality mural. If the mural receives preliminary approval, it will move forward in the process.
Any mural that is to be installed in or on a community center or park, except Convention Center, must, in addition to review by the Mural Panel, be reviewed by the Parks Commission prior to submission to the Visalia City Council for final approval.
STEP 3: After receiving preliminary approval, the artist will then be required to provide for review their portfolio of work that is refle ctive of the prop osed mural. The Mural Panel will use the portfolio of work to help determine whether the artist has the technical skill and ability to produce a quality mural within the City of Visalia. If the artist is unable to provide a portfolio of work, at a minimum , the artist will be required to provide evidence of artistic talent that satisfies the Mural Panel as to the skill and ability of the artist to create a mural that is of good quality.
STEP 4: After review and acceptance of the artist’s body of work, the Mural Panel will make a recommendation to the City Council for appr oval of the mural application which is the final approval step.
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4 MURAL AGREEMENT:
Following approval by the Mural Panel , whether the mural will be placed on public or private property, the property owner and applicant(s) will be required to provide to the City Manager, or his/her designee, evidence of a proposed agreement which identifies the terms and conditions under which the mural will be applied. These terms and conditions include, but are not limited to:
A. Specifications regarding the mural (location, size, concept and content of the mural, type of paint/media);
B. Application for Encroachment Permit if necessary;
C. Identification of ownership of the mural image and use thereof; D. Expected timeframe for completion;
E. Long term mural maintenance;
F. Circumstances under which the mural may be removed by the City and/or property owner (i.e. lack of maintenance or in disrepair);
G. Proof of Liability Insurance;
H. Landscape removal and replacement or protection, if any;
The proposed agreement will be provided to the Mural Panel and will be submitted to City Council along with the recommendation of the Mural Panel and, if necessary, the Park Commission.
APPEAL TO CITY COUNCIL:
In the event the Mural Panel and/or the Park Commission determines the proposed mural does not comply with the parameters of these guidelines or other City ordinances and regulations, and therefore determines to withhold its approval, applicant(s) may apply for a variance as au thorized by VMC section 17.48.040(P) and outlined in VMC section 17.48.110.
FINAL INSPECTION AND ACCEPTANCE:
The City reserves the right to inspect the mural during installation and upon completion to ensure that the final product is in compliance with the approved mural application. Should it be found that the mural is not in compliance, the artist and property owner will be notified and given 30 days to remedy the situation. Should the property owner and/or artist fail to make the necessary corrections, the mural will be deemed out of compliance and will be removed at the expense of the property owner and/or artist.
Revised 3-05-14
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0064 Agenda Date: 3/6/2023 Agenda #: 6.
Agenda Item Wording:
Authorize the Visalia Police Department to apply for the 2023-2024 California Department of Alcoholic Beverage Control (ABC) Grant program for up to $100,000 and submit the grant application by April 3, 2023.
Deadline for Action: 2/23/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> ; Lieutenant Celeste Sanchez, ext. 4573 [email protected] <mailto:[email protected]> ; Sergeant Mark Feller, ext. 4083, [email protected] <mailto:[email protected]>
Department Recommendation:
Authorize the Visalia Police Department to apply for the 2023-2024 California Department of Alcoholic Beverage Control (ABC) grant program for up to $100,000 and submit the application by April 3, 2023. There are no matching funds required by the City. The grant period will begin on July 1, 2023, and end on June 30, 2024 and will not be effective until the State of California submits the award contract. In accordance with the State Budget Act, only law enforcement agencies within the State of California can apply.
Summary:
The Visalia Police Department plans on utilizing the funds to provide staffing and resources for 1 year. It focuses on enforcement and training campaigns aimed at reducing sales of alcoholic beverages to minors at ABC licensed businesses. The evaluations of these operations throughout the year will include the success of enforcement actions and statistics showing the compliance rate for said establishments. The Department’s objectives are to increase compliance through educational outreach, decrease calls for service regarding alcohol sales to minors, and an increase in merchant and public awareness regarding underage drinking. The Visalia Police Department will utilize media outlets to create merchant and public awareness. The Department plans to achieve these objectives by: (1) Providing education to ABC licensed establishments through the IMPACT program; (2) conducting an education/information campaign through media and social media outlets; (3) conducting enforcement details using the best and most promising practices, and; (4) training law enforcement officers regarding ABC enforcement and procedures.
The Visalia Police Department is committed to providing all necessary staff and resources to ensure that the grant is effectively managed. All proposed personnel assigned to manage this grant have lengthy experience in writing, managing, and executing of grant projects. The Visalia Police Department will utilize a Sergeant to supervise the grant and up to 4 Visalia Police Department Visalia City Council Printed on 3/3/2023Page 1 of 2
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File #: 23-0064 Agenda Date: 3/6/2023 Agenda #: 6.
officers to assist with the required enforcement and compliance operations. The officers assigned to assist with the grant are experienced with ABC enforcement and compliance.
Background Discussion:
The City of Visalia has 201 on-sale retail establishments and 110 off-sale establishments totaling 311 locations.
The grant, in cooperation with Alcoholic Beverage Control agents and Visalia Code Enforcement officers, enhances the abilities and resources available for compliance, enforcement, and education campaign aimed at reducing alcohol related crimes and the sale of alcohol to minors at the 302 ABC licensed establishments with the City of Visalia. These grant operations have been successful in the past. The Department’s expectations are to see a decline in calls for service regarding alcohol sales to minors and an increase in merchant and public awareness regarding underage drinking.
Fiscal Impact:
If grant is awarded, staff will go back to Council and appropriate the necessary funds and submit a Resolution for approval. Invoices and progress reports to the State are required monthly.
Prior Council Action: N/A
Other: N/A
Alternatives: Do not authorize the Police Department to submit the grant application.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the Visalia Police Department to apply for the 2023-2024 California Department of Alcoholic Beverage Control (ABC) Grant Program for up to $100,000 and submit the grant application by April 3, 2023.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Grant guidelines
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0072 Agenda Date: 3/6/2023 Agenda #: 7.
Agenda Item Wording:
Award RFB-21-22-34, a one-year contract for Publishing Legal Advertisements to Visalia Times Delta in an amount not to exceed $90,000.
Deadline for Action: 3/6/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, Director of Finance and Technology 713-4375, Elizabeth Forrester, Management Analyst 713-4476
Department Recommendation:
Award of RFB-21-22-34 to Visalia Times Delta for a one-year contract for Publishing Legal Advertisements in an amount not to exceed $90,000 and designate Visalia Times Delta as the official newspaper for advertising such notices, per instructions of the City Charter.
Background Discussion:
The Visalia City Charter, Section 12, requires the City Council to designate an official newspaper for advertising legal notices by annually calling for bids from newspapers of general circulation as defined by the State of California, and shall be designated by the Council as the official newspaper for advertising such notices.
In the past, the Visalia Times Delta was the only newspaper listed with the Tulare County Recorder’s Office as an Adjudicated Newspaper of General Circulation for publishing in Visalia, CA.
The City recently became aware that the Foothills Sun-Gazette has been recorded on the list of Adjudicated Newspapers of General Circulation for Visalia. The Purchasing Division prepared and advertised a Request for Bids (RFB) 21-22-34, Annual Contract for Publishing Legal Advertisements.
On January 20, 2023, the City received bids from the Visalia Times Delta and the Foothills Sun- Gazette.
The bid from the Foothills Sun-Gazette was rejected due to not meeting the City’s specification for publishing a minimum of three days per week. Currently they publish once per week.
The bid specification for a publishing a minimum of three days per week is to ensure that there are adequate opportunities to advertise legal notices and avoid delays in project timelines, public hearings, bid meetings, project awards, budget adoption, etc. Many of the City’s timelines are specifically tied to projects with funding that have expiration dates.
On January 26, 2023, the Foothills Sun-Gazette was sent a notice via U.S. Mail and via email that their bid was being rejected due to not meeting the specification for publishing frequency. Included Visalia City Council Printed on 3/3/2023Page 1 of 2
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File #: 23-0072 Agenda Date: 3/6/2023 Agenda #: 7.
with this notice was an excerpt from the City’s purchasing policy which outlines the instructions and deadlines for appealing this decision. No appeal has been received and it is past the deadline for doing so.
The Visalia Times Delta publishes 6 days per week and meets the requirements specified in the bid.
Staff spends approximately $75,000 annually on legal advertising for various departments and anticipates increased volume of advertising in the coming year. Therefore, staff recommends awarding a contract to Visalia Times Delta at their stated bid prices for a term of one year in an amount not to exceed $90,000. To comply with the City Charter, Staff will re-bid this contract annually.
Fiscal Impact:
Not to exceed $90,000 annually.
Prior Council Action: None.
Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):
I move to designate the Visalia Times Delta as the official newspaper for publishing legal advertisements and award a one-year contract in an amount not to exceed $90,000.
Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: RFB 21-22-34 Legal Ad Publishing, RFB 21-22-34A1, Bid Evaluation RFB 21-22-34, Visalia Times Delta Bid, Draft Contract
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) NO. 21-22-34
ANNUAL CONTRACT FOR PUBLISHING LEGAL ADVERTISEMENTS
DESCRIPTION:
The City of Visalia Purchasing Division is soliciting Bids for a contract to publish the City ’s legal advertisements. Newspaper a gencies must be adjudicated for publishing in Visalia, CA to be considered eligible to bid.
INFORMATIONAL PRE-BID MEETING:
On Thursday, January 5, 2023 , an informational meeting will be held at the Visalia City Council Chambers, 707 W. Ace quia Avenue, Visalia, beginning 10:00am. This i s an opportunity to ask questions regarding the contract and the scope of services.
SUBMITTAL DEADLINE:
SEALED BIDS are due no later than 2:00pm on Friday, January 20, 2023. Bids received after the time and date stated above shall be returned unopened to the bidder.
The City of Visalia expressly reserves the right to mo dify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its pr eparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to a ny respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Ad dates: 12/13/22
12/20/22
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RFB-21-22-34
Legal Advertising
TABLE OF CONTENTS
I. DEFINITIONS ................................ ................................ ................................ ......... 3
II. INTRODUCTION ................................ ................................ ................................ .... 3
III. BACKGROUND ................................ ................................ ................................ ...... 3
IV. INSTRUCTIONS ................................ ................................ ................................ ..... 4
V. SCOPE OF SERVICES/PROJECT ................................ ................................ ......... 5
VI. PRE-BID MEETINGS................................ ................................ .............................. 6
VII. BID OPENING AND CONFIDENTIALITY ................................ ............................... 6
VIII. AWARD ................................ ................................ ................................ .................. 7
IX. PROTESTS/APPEALS ................................ ................................ ........................... 7
X. SPECIAL CONDITIONS ................................ ................................ ......................... 8
XI. GENERAL CONDITIONS ................................ ................................ ....................... 8
XII. POST AWARD RESPONSIBILITIES ................................ ................................ ..... 11
EXHIBITS
A. BIDDER’S QUESTIONNAIRE AND BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Worker’s Compensation Insurance Certificate
B-3. Equal Employment Opportunity Compliance Certificate B-4. Americans with Disabilities Act Compliance
B-5. Ownership Disclosure
B-6. Drug-Free Workplace Certificate
B-7. Iran Contracting Act Certification
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
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I. DEFINITIONS
For the purposes of RFB NO. 21-22-34, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subre cipient” are u sed interchangeably throughout this invitation to mean the person, firm, or cor poration or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. “RFB” means Request for Bid No. 21-22-34.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified newspaper agencies to publish the City’s legal advertisements. Bids are being sought from newspapers adjudicated for publishi ng in Visalia, CA and have a proven record of experience in providing the services required by this Invitation to Bid.
The succ essful bidder shall be resp onsible for pro viding all serv ices ne cessary to fu lfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Procee d and fully executed contract accompanied by a City purchase order.
As a public entity, the City of Visalia is required by law to publicize certain legal notices to help ensure the general public is informed of a variety of information such as Notices for Public Hearings and Notices of Requests for Bids. Occasionally the City must place notifications to the public regarding Unclaimed Property, Notice of Funding Availability, etc. These advertisements must be published in the legal section of the newspa per. Notices and Ads are published on an as needed basis and some notices are required to be published twice each with a minimum of five days between each publication date.
Various city divisions are responsible for placing these legal a ds and notices, including Purchasing, Housing, Community Development and Administration. The City spends $65,000 - $75,000 annually in publishing legal advertisements.
Per the Ci ty of Visalia Charter: All official advertisings of the City must be done in a newspaper of general circulation as defined by the laws of the State of California ; the newspaper shall be published in the City of Visalia and shall be designated by the City Council as an official newspaper for such ads.
Unless earlier terminated by either party, the contract resulting from this RFB shall be for a term of 12 months, at which time this service contract will again be let to bid, as specified by the City’s Charter.
III. BACKGROUND
In the past the has City of Visalia has published legal ads/notices with the Visalia Times Delta, which was previously the only newspaper adjudicated for publishing i n Visali a, CA. In checking with t he County of Tulare Recorder’s Office’s current list of adjudicated newspapers, there are currently two (2) newspapers listed and published in Visalia: The Visalia Times Delta and the Foothills Sun-Gazette.
To comply with the City of Vis alia’s Purchasing policies and the City of Visalia Charter , a contract for the above-mentioned services is required. Only Newspapers l isted with Tulare County Recorder’s Office as adjudicated newspapers for publishing official notices for Visalia, CA at the time of publication of this Request for Bids will be considered eligible.
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The City intends to contract this service with a qualified agency who can:
• meet the City’s advertising needs
• demonstrate a continuous Visalia readership based on paid subscription rates. • provide a responsive turn-around time
• offer a minimum of three days per week for publishing City’s legal notices
Local Vendor Prefer ence: For RFB-21-22-34, there are currently two (2) eligible bidders, both have local (Tulare County) offices.
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom i ssued Executive Orde r N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic San ctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrai ne, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. S hould the Stat e determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for r ejection of the C ontractor’s bid/proposal any time prior to contract executi on, or, if determined after contract execution, shall be grounds for termination by the State.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submi t proposals in response to this noti ce.
Individuals and/or entities submitting bids/proposals to th e City of Visalia will n ot be discriminated against on the basis of race, religion, color, nationa l origin, ancestry, physical or mental disability, medical condition, gen etic in formation, mari tal status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
The City reserves the right to reject al l Bids; to waive infor malities, tech nical defect s, and min or irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IV. INSTRUCTIONS
1. Complete the attached Bidder’s Questionnaire.
2. Fill out Bid Form (Exhibit “A”) in ink or typewriting completely.
3. Cross out and initial mistakes in ink and place the correct response next to same.
4. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Publishing Legal Advertisements
RFB NO. 21-22-34
5. Submit each of the req uired Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City wi ll not con sider Bids which are not accompanied by the required completed forms.
6. Inquiries: Questions regarding this RFB m ay be directed to the Visalia Purchasi ng Division by calling 559 -713-4334. However, to prevent misinte rpretations, the 171
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Purchasing D ivision wo uld prefer that all technical questi ons o r q uestions about the scope of work be sent in writing via email to [email protected].
Questions regarding this RFB are due no later than Thursday, January 12, 2023.
V. SCOPE OF SERVICES
A. Required Qualifications
1. Only Newspapers listed with Tulare County Recorder’s Office as “Adjudicated newspapers for publishing official notices for Visalia, CA” will be considered eligible to participate in this RFB.
2. Bidder must offer publication of legal notices a minimum of three (3) days per week.
3. Must be able to respond to ad placement requests and provide a “drafted” ad within the next workday.
4. Must hold a current City of Visalia Business Tax Certificate.
5. Must accept credit card payment from Requestor at time of ad placement.
B. Required Services of the Awarded Contractor:
1. Provide City with a sche dule which defines the days of the week which newspaper is published as well as the deadline by which City must make ad placement request to meet the particular publication date. For example:
Publication Day Deadline
Monday Noon on Friday prior
Tuesday Noon on Friday prior
Wednesday Noon on Monday prior
Thursday Noon on Tuesday prior
Friday Noon on Wednesday prior
Note: Include information regarding any alterations in schedule due to Holidays
2. Receive emailed request for publication from City (Requestor) containing in a word.doc format (or Contractor provided fillable form):
• the requested advertisement language
• Date(s) ad is to be published
• requestor’s credit card information for payment of ad being placed.
3. Contractor shall c onvert the ad to the typeface specification normally use d for such advertisements and reduce font size (if necessary) to a readable size. Size and font must meet all state and federal laws and regulations that may apply to a specific publication. In particular instances, actual printed font size or type of fon t may be specified by the City and s hall be printed by the vendor without additional charge.
4. Within the next workday, Contractor shall email to the Requestor the following:
o The “drafted” legal notice and confirmation of publication dates. 172
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▪ Requestor will review and approve or make any final edits
o Receipt for payment by credit card.
▪ Contractor shall email a n adjusted receipt (if City’s final edits affect the cost ).
Costs should be in alignment with the contracted rates defined by Contractor’s bid prices.
5. Contractor shall publish and pr int the approved Legal Ad vertisement i n Newspap er on the requested date(s).
6. Contractor shall mail a signed affidavit (proof of publishing) to th e City requestor as common practice. The affidavit shall include t he actual advert isement that was printed an d in clude dates the ad was published, a nd signature. The affidavit must certify that the advertisement was published on the specified da te(s). The City will require one (1) affidavit for each ad published.
C. City Responsibilities
The City of Visalia shall:
1. Provide a word.doc version of the advertisement language and requested publishing date(s) via email prior to the established deadline.
2. Promptly review the drafted legal ad/notice which has been prepared by the awarded consultant and make any edits or last-minute adjustments; return the fin al draft to the Contractor via email for publishing.
3. Compensate the agency at th e ti me of re questing ad placement, ac cording to the costs identified in Agreement. Payment shall be made by Requestor’s credit card.
VI. PRE-BID AND CONTRACT MEETINGS
1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Thursday, January 5 , 2023 at 10:00am. at City of Visalia Council Chambers, 707 W.
Acequia Avenue, Visalia, CA. Attendance at this meeting is encouraged but not required to submit a Bid in response to this RFB. There will be time set aside for interested Bidders to ask questions about the contract/work. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting . Subsequent to the a ward of contract, the Contr actor (Awarded Vendor) shall meet with the Project Manager (Purchasing Agent) prior to the start of work to discuss any problems or qu estions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Purchasing Agent: Elizabeth Forrester, Management Analyst Department: Finance/Purchasing
VII. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publ icly in the prese nce of attendees, if any, on Friday, January 20, 2023, at 2:00 P.M. in the City Council Chambers at Visalia City Hall, at 707 W Acequia, Visalia CA. The name of each Bidder and the amount of each 173
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Bid shall be read aloud and w ritten on a bid summary sheet which is open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.
2. Bid Confidentiality. The City f avors full and open disclosure of all Bid records . The City will not expend public funds defending claims for access to, inspecti on of, or to be provided cop ies of any such records. By submitting a Bid, a Bid der agrees to indemnify and defend the City ag ainst all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After th e award , th e City inte nds that its selection pr ocess will b e op en and public.
Respondents are advised th at the California P ublic Records Act (“PRA”) prov ides that any person ma y inspect, or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the exp ress provisions of the Act.
The Federal Freedom of Informa tion Act (“FOIA”) c ontains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any infor mation contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “P roprietary” or “Confidential” must be identified as such a t the time of first s ubmission o f Bidder’s Bid to this RFB. Any fa ilure to ide ntify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such informa tion u pon reques t under either Act.
VIII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notic e. Lowest Bidde r wil l be de termined by the
LOWEST TOTAL COST TO REACH EACH SUBSCRIBER FOR MONDAY THROUGH FRIDAY LEGAL ADVERTISING. Award shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the requirements and criteria set forth in th is RFB, price and other factors considered, and whose Bid is determined to result in the optimum econ omic advantage to the City. A responsible Bidder is one who has the capa bility, f inancial capacity and in tegrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its A ward Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive info rmalities, technical defects, and minor irregularit ies in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement p rocedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opport unity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of V isalia Purchasing Division in writing within five (5) working days after such agg rieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and 174
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2. Should ident ify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair compet itive procurement gri evance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in acc ordance with the appeals provision contained in C hapter 5 of th e C ity’s “Purc hasing and Contract Proce dures” which is available through City’s Purchasing Division.
X. SPECIAL CONDITIONS
1. Project Administrative Issues.
a. Completed Work. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Omitted Items . Project Mana ger is authorized to omit minor contract items.
Major items must be omitted by supplemental agreement.
c. Extra Work. Contractor is prohibited from doing ex tra work, unless authorized by City’s Contract Manager in writing and price agreed before the work is done.
d. Labor.
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day newspaper publishing.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qua lified to perform their assigned duty in a pro fessional manner.
2. Legal Responsibilities. It is the r esponsibility of Contractor to comply with all local, st ate, and federal laws and regulations which apply to work under this contract. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical , Electric, and Fire Codes.
Contractor sh all provide a safe working environment in compliance w ith the Occupati onal Safety and Health Act, and California Health and Safety Codes. A dditionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carr y out the work of this contract. Contractor shall compl y with all a pplicable labor laws, and ensure against discrimination.
XI. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Mi nority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be 175
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discriminated against on the basis of r ace, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the ben efits of, or oth erwise be su bjected to discr imination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the la st ten (10) years where a complaint was filed or pending against Bidder in a legal o r administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of th at complaint, including any remedial act ion taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless sign ed in ink (not t yped) in th e appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitted on or before the Closing Date. Any Bids received after t he Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, t elephonic, ele ctronic and facsim ile Bids and withdrawal req uests will not b e accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids sho uld be prep ared in a straightforward, concise manner. Info rmation provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment o r ad denda issu ed by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendm ents were made to the RFB.
12. Prior to conducting business in the City, a business tax certificate (license) must be obtained.
Call 559-713-4326 for more information.
13. Bidder shall provide insurance as required by law and as indi cated in th e proposed contra ct (Exhibit C, Attachment 2, Insurance Requirements).
14. Bidder shall maintain all personnel files and payroll records for em ployees used to imple ment the proposed contract.
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15. Bidder shall withhold, pay and report all taxes and is sue W -2 for ms at the end of each calendar year for employees used to implement the proposed contract.
16. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor , the Bid shall be awarded by the flip of a coin by the Purchasing Division in the p resence of at least one witness.
17. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. Thi s may inclu de the collection of criminal h istory in formation, contractu al a nd business associations and practices, employment histories and reputation.
18. All California ag encies may purchase off the Awarded Proposal at the same prices, terms , conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
19. Each Bidder will be r equired to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached as Exhibits.
20. The quantities given o n th e Bid Proposal form a nd any related co ntract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the righ t to increa se or decrease th e amount of any class or po rtion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
21. Bidders shall satisfy themselves by perso nal e xamination of the specifications, plan s, a nd other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed.
The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the condit ions encountered, as to the character, quality, and quanti ties of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be m ade because of la ck of such examination or knowledge.
22. All Bidders are re quired to make Bid by completing the Bid Forms provided with this RFB :
Exhibit “A-1” Bidder’s Questionnaire and Exhibit “A.2”, Bid Form.
23. No mention shall be ma de in the Proposal of sales ta x, us e tax or any other t ax, as a ll amounts Bid will be deemed and held to include any such taxes, which may be applicable.
24. Only one Bid may be submitte d as a “ Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors.
Reasonable ground s for believing that any individual, firm, partnership, corporation o r combination thereof is inter ested in more than one Proposal for t he work contemp lated will cause the re jection of all Proposals in which such individual, firm, partner ship, corporation or combination thereof is interested. A C ontractor who is not submit ting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
25. The City of Visalia is not lia ble for any costs incurred by Bidder in responding to this Request for Bid.
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26. The contract resulting from this invitation to bid will be administered by the Purchasing Division and shall be the final judge con cerning issues or matte rs related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
2277.. The contract term shall be for a twelve (12) month period. Contract shall be begin upon receipt of a fully executed contract and purchase order from the City of Visalia.
28. All prices quoted in response to this Invitati on to Bid shall be firm and fixed fo r the twelve (12) month term of the contract.
29. This contract may be t erminated without cause by th e City, in whole or in part , by giving the Contractor fifteen (15) d ays wri tten notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of th e contract, or materially breaches any of its obligati ons under this agreement the City may terminate the contract, in whole or in p art by writ ten notice.
Termination shall take effect t en (10) calendar days after the date of mai ling said termination notice.
Awarded Contractor may not assign, sublet or transfer interest of the contractor in whole or in part.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XII. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contr actor to whom the project is award ed. The Agreement forms the basis for the cont ractual obligation between the pa rties regarding the project. A contract will be provided with the Notice of Award and must be exec uted and returned to City wit hin ten (10) w orking days of the date of award n otification unless otherwise agreed.
2. Post-Award Responsibilities. Upon executi on of the Agreement between the City and the Contractor, the Contracto r shall i mmediately report al l change s in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and maintain the minimum insuranc e coverage outlined Exhibit “C” , Attachment 2. Contractor shall provi de eviden ce of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been ente red and Contractor has provided a ll of the information that it is required to p rovide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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EXHIBIT “A.1”
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BIDDER’S QUESTIONNAIRE
CIRCULATION/SUBSCRIPTION/PUBLISHING INFORMATION
Bidder to respond to the questions below. Responses will be used to determine whether Bidder meets qualification requirements and demonstrates a consistent readership in Visalia, CA.
Name of Newspaper:__________________________ Bidder’s Name:_________________________
Mailing Address:__________________________City:________________State:_______Zip:________
Date of Current Adjudication:____________________ Expiration Date: ________________
Subscriber information: Indicate in the chart below, Bidding Agency’s Paid Subscriptions for the past six (6) months (number of accounts).
Monthly Paid Subscriptions
April
2022
May
2022
June
2022
July
2022
August
2022
September
2022
Average
Mail & Home Delivery
Subscriptions (in Visalia)
Online Subscriptions (Any location)
Average Number of Monthly Subscribers
This amount to be used on Bid Form, Exhibit A.2
*City of Visali a reserves the right to request proof of circula tion numbers (s ubscription list) by month for verification purposes.
Publishing Schedule: Number of day(s) per week published/printed:_____
Please check days published/printed: Mon___ Tues___ Wed___ Thurs___ Fri___ Sat___ Sun___
In the space below, Bidder is to provide schedule of offered publication days and indicate deadline for submitting publication requests. Include information regarding any alterations in schedule due to Holidays If Saturday or Sunday publication is not available, please write “N/A”.
For example: Publication Day Deadline
Monday Noon on Thursday prior
Tuesday Noon on Friday prior
Wednesday Noon on Monday prior
Thursday Noon on Tuesday prior
Publication Day Deadline
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BIDDING AGENCY:____________________
EXHIBIT “A.2”
BID FORM, RFB NO. 21-22-34
Project: Publishing City of Visalia’s Legal Advertisements
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s N otice Inviting Sealed Bids No. 21-22-34 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract d ocuments therefor e, and to perform all wor k in the manner and time pre scribed therein.
BIDDER d eclares that this p roposal is based upon careful examination of the Scope of Work , Instructions to BIDDERs, and the cont ract requ irements. If this propos al is accepted for award, BIDDER agrees to enter a contract with CIT Y at th e unit and/or lump sum pric es set f orth in the following Bid Schedule.
BIDDER understands that a bid is req uired for the en tire work and that final compensation under the contract will be based upon the actual quantities of wo rk satisfactorily co mpleted. It is agreed that prices bid include all costs, including appurtenant expenses, taxes, royalties and fees. All bids will be checked for ac curacy. In the case of discre pancies in amount s bid, u nit pr ices sha ll govern over extended amounts.
BIDDER hereby agr ees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agre ed that in case t he BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the sta rt date agreed betwee n BIDDER and Contract Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further declares that he/she has not either directly or indirectly en tered into any agreement, participated in any collusion, or otherw ise taken any action in res traint of free competitive bidding in connection with said bid.
BIDDER understands that quantities given on t he Bid form and any related contract documents are estimates only . They are given as a b asis f or comparison o f Bids. T he City of Visalia does not, expressly, or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of work as needed, at the prices Bid.
Lowest B idder shall be based on th e Lowest Total Cost to reach each subscriber for Monday through Friday publishing of Legal Advertisements. Award shall be made to the lowest bidder, whose bid is deemed both responsive and re sponsible and meets the requirements and criteria set fo rth in this RFB, price and other factors co nsidered, and whose Bid is determined to result in the optimum economic advantage to the City. Compensation under this contract will be based on actual quant ities of work completed.
BIDDER has rea d and hereby agrees to t he cond itions stated in this propos al by affixing his/h er signature on the Bid Form.
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FOR BIDDING PURPOSES and comparison of bids, Bidder is to assume the following:
• Single width column width for legal ads, will be deemed to be approximately 1.5 inches wide. • Length of column shall be deemed to be 3.75 horizontal inches. • Ad request will include publishing on two (2) separate dates a minimum of five (5) days apart (no weekend publishing).
Step 1: Bidder to provide Unit Pricing for 1st & 2nd Advertisement dates to calculate the Total Unit Price.
Step 2: Enter the Total Unit Price in Column A.
Step 3: Multiply Column A x Column B to calculate Total Ad Cost. Enter that figure in Column C.
Step 4: Enter Average Number of Monthly Subscribers in Column D. (should be reflective of the amount listed on Exhibit “A.1”.
Step 5: Divide Column C total by Column D total to calculate Total Cost to Reach Each Subscriber and enter in Column E.
Prices bid include all labor materials, taxes, tools and incidentals to publish and print legal ads for the City of Visalia, including cost for affidavits of publication per Specifications of RFB-21-22-34, Legal Ad Publishing.
Unit Price (Price per horizontal inch)
1st Publish Date of Ad $________/inch
2nd Publish Date of Ad $________/inch
Total Unit Price for Ad $________/inch (use this figure for Column A)
A x B = C ÷ D = E
Total Unit Price
(Price per
horizontal inch)
Quantity
(Ad length in
horizontal inches)
Total Ad
Cost
Average Number
of Monthly
Subscribers
(from Exhibit A-1)
Total Cost to Reach
Each Subscriber
$_______/inch
x
3.75 inches
=
$_______
_
÷
___________
=
$_____________
Low Bidder will be based on the lowest cost to reach each subscriber (Column E).
Alternate Item: Weekend Advertising Price: In the event that the City requests a Legal Ad to be published on a Saturday or Sunday, Bidder to indicate Unit Cost below (if offered).
Alternate Item: Bidder is to provide pricing for Saturday and Sunday publishing (if offered). Write “N/A” if not available.
Saturday or Sunday
Legal Ad Publishing
$____________________/per horizontal inch
(1)_______________________________________________________________________________________ Bidding Firm
(2)_______________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)_______________________________________________________________________________________ Business Address City State Zip Code
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_(____)___________________________________________________________________________________ Telephone Number Email Address
(4)_______________________________________________________________________________________ Signature of Authorized Person Title of Person Signing (Date) Type or Print Authorized Person’s Name
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE
(1) If the BIDDER is an individual, enter name here in style used in bu siness; if a joint venture, exa ct name of entities joining in the venture; i f a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is oth er than an in dividual, identify here its char acter, i.e., joint venture, par tnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communica tions and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be by one of the joint ventu rers, and if one or both of t he joint venturers is a partnership or a corp oration, each participating par tnership must sign by a general partner, and each corporation by an author ized offi cer or employee; i f a partnership, by a general p artner; if a corporation, by an authorized offic er or employe e. The title of the person sign ing must appear after his/her signature. Where BIDDER is a partnership or c orporation, the name s of all other general p artners, or the president or secretary of the corporation and their business addresses must be shown below.
Note: All names must be typewritten under written sign ature. All Addresses must be complete with st reet number, city, state and zip code.
City of Visalia Business Tax Certificate No.: _____________________________
Federal Tax I.D. No.: ____________________________________________________
REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) agencies for which B IDDER has published legal notices/legal advertisements, within the past two (2) years.
Company Name Address Tel. No. Contact
1.________________________________________________________________________________
2.________________________________________________________________________________
3.________________________________________________________________________________
DESIGNATION OF SURETIES: The following are the nam es, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type ___________________________________________________________________________ ___________________________________________________________________________
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EXHIBIT “B-1”
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being firs t duly sworn, deposes and says that he or she is ___ ______ of __________ the par ty making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporati on; that the Bid is genuine an d not collusive or sha m; that the BIDDER has not d irectly or in directly induced or solicited any other BIDD ER to put in a false or sham Bid , and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put i n a sham Bid, or that anyone shall refrain from Bi dding; that t he BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any ot her BIDDER, or to fix any over head, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contai ned in the Bid are true; and, further, that the BIDD ER has not, directly or indi rectly, submi tted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information o r data relative thereto, or paid, and will not pay, any fee t o any corporation, partnership , company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public,
personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature __________________________________ (Seal, if any) A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 183
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EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of t he provisions of Sec tion 3700 of the Labor Code which requires every employer t o be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provis ions of that code, and I will comply with such provisions be fore commencing the performance of the work under this contract.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-3”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Execu tive Orders 10925, 11114 or Section 204 o f Executive Order 11246 of September 24, 1965, during the performanc e of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate again st any employee or applicant f or employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employmen t, without regard to their rac e, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: emp loyment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selec tion for training, including apprenticeship.
The BIDDER agrees to p ost in conspicuou s places, ava ilable to employees and appl icants for e mployment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER w ill, in all solicitations or advertisements fo r employees, plac ed by or on b ehalf of the BIDDER, state t hat all qual ified appl icants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each lab or union or repre sentative of workers with which he has a collective bargaining agreement or other contract or unders tanding, a notice to be provid ed by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 2 4, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Orde r 11246 of Septem ber 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all informat ion and reports required by Executive Ord er 11246 of September 24, 1965, and by the rules, regulations and re levant orders of the Secretary of Labor, or pursuant there to, and will permit access to his books, records and accoun ts by the contracting agency a nd the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, reg ulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the B IDDER may be decl ared ineligible for further government co ntracts in a ccordance with the procedures authorized in acc ordance with Executive Order 1 1246 of September 24, 1965, and such other sanctions may be imp osed and remedies invoked as provided in Execu tive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1 ) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that s uch provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontrac t or purchase order as the contracting ag ency may dir ect as a m eans of enforcing such provisions inc luding sanctions for non - compliance. Provided, however, that in the ev ent the B IDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company Name:_________________________________________
Business Address:___________________________________________________________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-4”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDD ER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compli ance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDD ER certifies to the Americ ans with Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-5”
CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name: _________________________________________________________ Firm Address: _________________________________________________________
List the names of all principals, partners, and/or trustees. For co rporations provide names of off icers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
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EXHIBIT “B-6”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY(Authorized Signature)
DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug -Free Awareness Program a s required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that e very employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-7”
Submit with Bid
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list o f persons and entities engaging in investment activi ties in Iran prepared by the Califo rnia Department of General Servi ces in accordance with subdivision (b) of Public Co ntract Code Section 2203, if that person or entity uses or will use the credit to prov ide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contra ctor from the requirements of th e Iran Contracting Act of 2010 after making a publi c finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Pr oject does not exceed $1,000,00 over the life of the contract.
Signature:___________________________________ Printed Name:_______________________
Title:_____________________________________ Agency Name:____________________________
Date:____________________
Note: In accordance with Public Contract Co de Section 2205, false certification of this form shall be reported to the California Attorney General and ma y result in civil penalties eq ual to the greater of $250,000 or twice the Contract amount, termi nation of the Contract and/or eligibility to bid on contracts for three years.
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SAMPLE CONTRACT EXHIBIT “C”
PUBLISHING OF LEGAL ADVERTISEMENTS
(City of Visalia Bid No. 21-22-34)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ h ereinafter referred to as the “CONTR ACTOR”, “BIDDER”, or “VENDOR”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City and has solicited Bid No. 21-22- 34 for publishing of Legal Advertisements as required by City’s Charter;
WHEREAS, City of Visalia r eviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Publishing of City’s Legal Advertisements; and
WHEREAS, CONTRACTOR represe nts it is licensed, qualified and wil ling to complete the work pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effect ive Date and shall remain in effect for a twelve (12) month unless earlier terminated by either party. At the conclusion of the 12-month period, the City shall again call for bids for this service as required by the City Charter.
This Agreement may be terminated for convenience. In the event of termination or ex piration of this Agreement, CONTRACTOR sh all transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments fo r this Agreement. Said attachments are incorporate d into this Agreement as if included in full in the body:
ATTACHMENT DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 21-22-34, Publishing Legal Notices/Legal Advertisements Attachment 4 CONTRACTOR’s bid in response to Bid No. 21-22-34
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR s hall p rovide the following services for the stated compensation on or be fore the stated completion dates (“Scope of Services”):
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All work described in Scope of Services in Bid No. 21-22-34.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor by Credit Card at time of each Ad Placement Request As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRA CTOR compensation for services as indicated in Paragr aph 4 above; however, CITY shall pay not more than the following amount as total co mpensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY at time of publishing request, based on CONTRACTOR’S stated bid prices.
6. CONTRACT PRICE:
All prices shall be firm and fixed for the twelve (12) month contract term.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: _______________ By:______________________________________________________ Authorized Officer: I certify under p enalty of perju ry under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I ha ve stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: _______________ By:_________________________________________________ City Manager
Dated: _______________ By:_________________________________________________ City Attorney
Dated: _______________ By:_________________________________________________ City of Visalia Risk Manager
Dated: _______________ By:_________________________________________________ City of Visalia Project Manager
Total Compensation: $ Contractor’s Stated Bid Price - Not to exceed $80,000 annually Source of Funds: Assigned by Project
Payment Schedule: Payment will be made at time of publishing request 191
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be bind ing upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of As signment: Neither party shall as sign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Noti ce shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONT RACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an i ndependent contractor, and therefore shall obtain no ri ghts to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administe red and interpreted under the laws of the State of California. Jurisdiction of li tigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be br ought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits o r attachments referenced herein , wh ich are incorporated by reference, represents the ent ire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those mat ters covered hereunder.
This Agreement may not be modi fied or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law : If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, nul l and void insofar as it is in conflict with said law, bu t the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of l oss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONT RACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONT RACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liabili ty arising out of the CONTRACTOR’s performance of t his 192
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Agreement except for liabil ity arising out of the c oncurrent or sole negligence of t he CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action , a rbitration o r legal proceedings for the enforcem ent of this Agreement, the prev ailing party, as determ ined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court c osts incurred in the action brought thereon.
J. Headings: Section h eadings are provided for organizatio nal purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions
On Mar ch 4, 2022, Governor Gavin News om i ssued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individua ls. “Economic Sanctions” refers to sanctions imposed b y the U.S. government in response to Russia’s actio ns in Ukraine, as well as any s anctions imposed under state law. The EO directs state ag encies to terminate contracts with, and to refrain from enterin g any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for terminati on of this agreement.
The State shall provide Contr actor advance written notice of such termination, allowing Contractor at least 30 calend ar days to provide a written response. Termination shall be at the sole discretion of the State.
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Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its s ole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a min imum compliance with all of the following insurance co verage(s) and requirements. Such insurance cover age shall be primary coverage a s respects CITY and any insurance or self -insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more su bcontractors in the performance of th is Agreement, CONTRACTOR shall obtain and maintain in dependent insurance as to each subcontractor or otherwise provi de evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum L imits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordanc e with the laws of the State of Ca lifornia providing coverage for any and all employees of CONTRACTOR in the minimum statuto rily required coverage amounts;
b. Professional Liability Insurance Coverage, in an amount not less than One Mi llion Dollars ($1,000,000).
c. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Ag reement, including owned, non -owned (e.g. owned by CONTRACTOR’s e mployees or contract ors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurren ce for bodily injury and property damage.
d. Comprehensive or Commerc ial General Liabili ty Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to mainta in the required coverage for a peri od of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required pos t agreement coverage by renewal or purchase of prio r acts or tail coverage. This prov ision is contingent up on post agreement coverage bein g both availab le and reasonably affordable in relation to the cove rage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost 194
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not exceeding 100% of the last an nual policy premium du ring the ter m of this Agreement in order to p urchase prior acts or tail cove rage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additio nal insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a ful l copy of these insura nce provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copi es of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CO NTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the C ity of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Contract for Publishing Legal Advertisements RFB 21-22-34 Addendum #1 Page 1 of 3
City of Visalia, CA Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801
REQUEST FOR BIDS RFB-21-22-34
ANNUAL CONTRACT FOR PUBLISHING LEGAL ADVERTISEMENTS
ADDENDUM NO. 1
Issued: January 13, 2022
Bids Due: Friday, January 20, 2023 @ 2:00 P.M.
This Addendum is being issued to provide responses to questions that have been submitted regarding this project and to provide additional information. This addendum becomes part of the RFB 21-22-34 bid document and must be signed and submitted with bid/proposal.
ITEM 1: QUESTIONS/RESPONSES
1. Will the contract be only a 12-month period? Response: Yes, once contract is awarded and executed it will remain in effect for 12 months. It must be re -bid annually (provided there is more than one adjudicated newspaper for publishing legal ads in Visalia).
2. What qualifies a business as a local vendor ? Response: The Council enacted the Local Vendor Preference in 2010 which states that anyone with a business address in Tulare County for the past six (6) months prior to bidding on a City project is considered a local vendor. A post office box is not accepted as a business a ddress.
3. Under the BACKGROUND section on page 4 of 28 in the first paragraph on that page, the City states a qualified agency is one who can: “offer a minimum of three days per week for publishing City’s legal notices.” If this requirement is taken literally, to mean the newspaper must be printed three days per week, this would exclude The Sun-Gazette from the bidding process because it is a weekly publication, printing once per week on Wednesdays. The Sun-Gazette can publish six days per week online if that information is useful.
Please provide specific examples of when this would be necessary. Also, if this is in fact a literal requirement, would the city consider publishing once per week for most legal advertisements in one paper and those needed more than once per week in another publication?
Response: Unfortunately, publishing one day per week will not meet the City’s needs. It is important that the City have adequate opportunity to advertise legal notices to avoid delays in any project timelines, public hearings and bid meetings, project awards, etc. Many of the City’s timelines are specifically tied to projects with funding that has expiration deadlines.
Currently, the City has opportunity to publish on 5 days per week. But we anticipate that a minimum of three days per week would be adequate opportunity for our publishing needs.
The City charter states: All official advertising of the City shall be done in a newspaper of general circulation as defined by the laws of the State of California, which newspaper shall be published in the City of Visalia and shall be designated by the Council as the official newspaper.
The State of California defines “Newspaper of General Circulation ” as a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide list of paying subscribers, and has been established, printed and published at regular intervals in the State, County 196
Contract for Publishing Legal Advertisements RFB 21-22-34 Addendum #1 Page 2 of 3
or City where publication, notice by publication or official advertising is to be given or made for at least one year preceding the date of publication, notice or advertisement.
According to the State, “Published” means issued from t he place where the newspaper is sold to or circulated among the people and its subscribers.
While online publishing is widespread and provides multiple opportunities for the sharing of information 24/7, the City’s Legal Notices must be published and printed to be “official notice”.
The City of Visalia desires a minimum of 3 days per week for advertising our legal advertisements. This means printing and publishing 3 days per week.
4. RFB Section VIII, Award, Item 1 states:
Lowest Bidder will be determined by the Lowest Total Cost to Reach Each Subscriber for Monday through Friday legal advertising. Award shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the requirements and criteria set forth in thi s RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. What type of “other factors” considered would be a consideration?
Response: Since this is a Request for Bid, the City bases the decision on Lowest Price (assuming that the Bidder meets all desired criteria). Examples of “other factors” that could be considered : Bidder’s references (either by providing negative feedback; not being able to verify the references or if the Bidder has not performed the same type of service in the past).
5. Page 12 of the RFB asks for Bidder information, specifically Date of Current Adjudication and Expiration Date.
If there is no expiration date of adjudication status how should Bidder complete the form? Response: Bidder should write “N/A” in the space provided for Expiration date. If awarded contract, the Bidder must continue to remain on the County’s list of adjudicated newspapers for Visalia, CA for the whole term of contract with City of Visalia.
ITEM 2: CHANGES
1. Exhibit B-7, IRAN CONTRACTONG ACT CERTIFICATION
The B-7 Exhibit included a typographical error in th e 3rd bulleted item. A corrected form has been attached to this Addendum. Bidder is to complete and submit the corrected form with Bid Submi ttal.
END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
BIDDER to sign and submit with BID.
Firm: Date:
By:
Bidder’s Signature
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Contract for Publishing Legal Advertisements RFB 21-22-34 Addendum #1 Page 3 of 3
EXHIBIT “B-7”
Submit with Bid
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Pub lic Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance w ith subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engagi ng in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).
Signature:____________________________________ Printed Name:_________________________
Title:______________________________________ Agency Name:_____________________________
Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
198
Ad Cost Per Horizontal Inch Foothills
Sun Gazette
Visalia Times
Delta
Comments
1st publish date cost per inch $ 32.00 $ 32.00 2nd publish date cost per inch $ 23.50 $ 23.50
TOTAL COST
(per horizontal inch)
$ 55.50 $ 55.50 This is the Cost to City for publishing Legal Ads. Of note: Both vendors
propose identical pricing.
Number of days published
weekly
1 6
Meets specification of publishing
a minimum of 3 days per week?
NO YES Foothills Sun Gazette’s bid was rejected
due to not meeting the minimum
specification for publishing frequency.
One day per week does not provide
adequate opportunity for publishing
and would cause delays in project
timelines, public hearings, bid meetings
and project awards that are often tied
to funding with expiration dates.
Average # of monthly paid
subscribers as reported by
Vendor (delivery in Visalia +
online any location)
10,865 3,006
Cost to reach each subscriber,
based on Bidder's reported
number of paid monthly
subscribers.
$ 0.02 $ 0.06 This does not affect the actual cost that City pays for publishing. Both bidders
proposed identical prices for publishing
City's ads.
199
DRAFT CONTRACT
PUBLISHING OF LEGAL ADVERTISEMENTS
(City of Visalia Bid No. 21-22-34)
This Agreement, entered into and effective this ________ day of ________________, 202 3 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “VENDOR”.
R E C I T A L S
WHEREAS, CONTRACTOR is a Corporation with a primary business address of 330 N. West Street, Visalia, CA 93279 and SSN or EIN: 46-5738182; and
WHEREAS, CITY is a municipal corporation and Charter Law City and has solicited Bid No. 21- 22-34 for publishing of Legal Advertisements as required by City’s Charter;
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Publishing of City’s Legal Advertisements; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the work pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and shall remain in effect for a twelve (12) month unless earlier terminated by either party. At the conclusion of the 12-month period, the City shall again call for bids for this service as required by the City Charter.
This Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 21-22-34, Publishing Legal Notices/Legal Advertisements Attachment 4 CONTRACTOR’s bid in response to Bid No. 21-22-34
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3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 21-22-34.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor by Credit Card At time of at time of ad placement
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY at time of publishing request, based on CONTRACTOR’S stated bid prices.
6. CONTRACT PRICE:
All prices shall be firm and fixed for the twelve (12) month contract term.
Contractor’s Bid Prices: $32.00 per horizontal inch for 1st publish date $23.50 per horizontal inch for 2nd publish date
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: _____________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully autho rized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ______________ By:_________________________________________________ City Manager
Total Compensation: Not to exceed $90,000 annually
Source of Funds: Assigned by Project
Payment Schedule: Payment will be made at time of publishing request 201
Dated: _______________ By:_________________________________________________ City Attorney
Dated: _______________ By:_________________________________________________ City of Visalia Risk Manager
Dated: _______________ By:_________________________________________________ City of Visalia Project Manager
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns : This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment : Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA VISALA TIMES DELTA
707 W. Acequia Ave. 330 N. West Street
Visalia, CA 93291 Visalia, CA 93279
Attention: City Clerk Attention: Tara Hamm
D. Independent Contractor: It is understo od and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s 203
performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, dam ages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individual s. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individ uals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self - insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontract ors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Professional Liability Insurance Coverage , in an amount not less than One Million Dollars ($1,000,000).
c. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
d. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement 205
coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prio r acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Vis alia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, wh ich shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
206
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0074 Agenda Date: 3/6/2023 Agenda #: 8.
Agenda Item Wording:
Consider approval of 2023 Water Management Plan submitted by Kaweah Delta Water Conservation District to the City of Visalia.
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, Water Resource Manager, (559) 713-4530 Department Recommendation:
It is the recommendation of staff that City Council approve the 2023 Visalia Water Management Plan.
Background Discussion:
In 2001, the City of Visalia (City) partnered with the Kaweah Delta Water Conservation District (KDWCD) for the purpose of water resources management, supplemental surface purchases, and necessary or opportunistic projects on behalf of the City’s benefit. The contract (Contract) is valid for a term of 40 years, at which at the end both parties have the option to re-negotiate terms.
According to the terms of this agreement, KDWCD will perform these tasks on behalf of the City in exchange for $100,000 annually at the time of the agreement, adjusted annually for inflation. The funds are designated for beneficial purchases and/or projects, when such purchases are considered economically feasible. As a result of unpredictable and alternating wet and dry years, opportunities to purchase additional water supplies is not constant and highly volatile. Years in which reasonable supplemental resources are unavailable, un-utilized funds are rolled over into the following year.
The year 2021 was the driest year in recorded history for Tulare County. As a result, supplemental surface supplies were not only scarce, but also in high demand. This high demand drove the price of water to remarkably high prices. In some areas within the Central Valley, the price per acre-foot of water peaked near $2,000. Inversely, the 2023 wet season has already supplied the area with significantly more precipitation than in the two years prior.
As per the Contract, KDWCD is obligated to provide a management plan for the incoming year for the City Council to approve. Below is a description of the 2023 Visalia Water Management Plan (Plan). A copy of the Plan has been included as an attachment.
The majority of the Plan is comprised of pre-existing goals outlined by the Management Committee and includes basic actions such as location and purchase of supplemental surface supplies, further assessment of potential water recharge facilities, and investigation and pursuit of available water rights for the purposes of groundwater recharge. The Plan also includes a contingency for the KDWCD to be authorized to purchase a maximum of $300,000 worth of water supplies not to exceed $150 per acre-foot for the benefit of the City with consent from by the District General Manager and the Visalia City Manager. This authorization is to prevent a delay of purchase when action is required Visalia City Council Printed on 3/3/2023Page 1 of 2
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File #: 23-0074 Agenda Date: 3/6/2023 Agenda #: 8.
sooner than the Management Committee has the ability to convene.
Fiscal Impact:
In 2022, the City of Visalia totaled its payments to the KDWCD for the year at $169,131.30, and the City has paid $26,514.52 YTD.
Prior Council Action: City Council approved the 2022 Visalia Water Management Plan in April of 2022. City Council approved the original Plan in December of 2001.
Other: N/A
Alternatives: The City Council may choose not to approve the Plan, in which the Management Committee would be required to re-convene and submit a modified plan.
Recommended Motion (and Alternative Motions if expected):
I move to approve the 2023 Visalia Water Management Plan as submitted by the Kaweah Delta Water Conservation District.
Environmental Assessment Status
CEQA Review: N/A.
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VISALIA WATER MANAGEMENT COMMITTEE
2023 Annual Plan
Background
On December 31, 2001, the City of Visalia (“City”) and the Kaweah Delta Water Conservation District (“District”) entered into an Agreement (“Agreement”), a copy of which can be found attached to the Minutes of the October 2, 2001 meeting of the Board of Director’s for Kaweah Delta Water Conservation District. The Agreement provides that a Management Committee be formed. The Management Committee is to be comprised of representatives of the City and District. Specifically, the Management Committee is to be “comprised of one member from each of the governing boards and other staff and technical representatives of the City and the District.” The Management Committee is required to meet “as necessary.” Further, the Agreement directs that the Management Committee “shall each year develop an annual plan to achieve the purpose as specified in paragraph 1 which plan shall be mutually agreeable to the parties hereto.” This document is intended to fulfill the requirement for the Management Committee, which has become known as the Visalia Water Management Committee, to develop an annual plan.
Objectives
According to the Agreement, the primary purpose of the Agreement and the Management Committee “is to maintain existing water rights and acquire additional water supplies for the primary benefit of the residents of the City of Visalia.” Another purpose of the Agreement “is to provide funding mechanisms for the maintenance and acquisition of such water supplies and for the construction of facilities necessary to apply such water to the benefit of the residents of the City.” In the Agreement, the City and the District expressed their intent “that the activities undertaken pursuant to this program will result in maintenance and enhancement of groundwater levels in and around the City.” Finally, the document provides that “each year an annual plan will be developed to identify specific activities to meet these purposes.
Short Range Goals
In the near term, the Management Committee intends to continue to accumulate money in its funds as a result of the annual contributions by the City as required by the Agreement. Of the monies collected in the fund, it intends to spend approximately 70% toward water project design, construction and land rights, 20% toward water purchases and 10% toward the purchase of water rights.
Long Range Goals
The Water Management Committee’s long term objectives are to replenish and enhance the groundwater used by the City to provide water to the residents of the City.
By doing so it hopes to eventually achieve an ongoing and long-term balance between groundwater extractions and groundwater replenishment in the groundwater basin utilized to provide water to the residents of the City. 209
-2-
Action Items
The City and the District, by their adoption of this 2023 Annual Plan, hereby authorize certain actions to be taken during 2023 as follows:
1) For both the District and the City to carry out the purposes as established by Section 1 of the Agreement to the benefit of groundwater utilized to provide water to the residents of the City.
2) For both the District and the City to participate in Management Committee meetings upon reasonable call and notice by either party. Regularly scheduled meetings shall occur semi-annually and be set for the third Tuesday of the months of May and November at 3:00 pm at the District’s office. 3) For the City to make the annual payment as required by Section 3 of the Agreement; and
4) For the District to administer program funds as directed by the Management Committee. The following funding objectives have been established so as to provide for a means to carry out the purposes of the Agreement. Funding objectives are presently set at 70 percent for groundwater improvement projects, 20 percent for surface water purchases for groundwater recharge and 10 percent for acquisition of available surface water rights; and
5) For the City and District to continue to investigate and pursue groundwater recharge improvement projects including studies for delivery system improvements and optimization. The program herein allocates $15,000 for preliminary investigation toward the research and development of possible future projects.
6) Upon mutual agreement by the District General Manager and the City Manager, without further approval from the Management Committee, to use the agreement’s program funds on deposit with the District to purchase up to $300,000 worth of water, at a rate of no more than $150 per acre foot, and import such water into the Kaweah Basin for recharge in basins, natural channels and artificial channels located either within the City or within close enough proximity to the City, on an annual basis; and
7) For the City and District to continue to survey, identify and acquire property rights for parcels of real property that might be available in or about the City for purchase and development as groundwater recharge basins; and 8) For the City and District to continue to survey, identify and acquire water rights that might be available for purchase in order to supply an ongoing source of water for groundwater recharge; and
9) For the District to complete and provide the City with an annual report detailing the accomplishment of the aforementioned action items.
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Approval
This 2023 Annual Plan shall be deemed approved and in effect once it has been reviewed and approved by a majority vote of the City Council of the City and by a majority vote of the Board of Directors of the District. 1) The Board of Directors of the District approved this 2023 Annual Plan during their regular meeting on ______________________.
2) The City Council of the City approved this 2023 Annual Plan as herein presented at a regular meeting on ______________________.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0075 Agenda Date: 3/6/2023 Agenda #: 9.
Agenda Item Wording:
Request authorization to file a Notice of Completion for the Quintana De Oro subdivision containing 14 single-family residential lots located at the intersection of North Linwood Street and West Delaware Avenue.
Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]> (559) 713- 4197
Jason Huckleberry, Assistant Dev Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:
Staff recommends that City Council authorize the filing of a Notice of Completion for Quintana De Oro Subdivision.
Background Discussion:
The City Council authorized the recording of the final map for Quintana De Oro subdivision on April 4, 2022. The Quintana De Oro subdivision was developed by Daley Enterprises Inc. and contains 14 single-family residential lots. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time.
All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements in the amount of $47,430.05 has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. Staff recommends that authorization be given to file the Notice of Completion.
Fiscal Impact:
By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.
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File #: 23-0075 Agenda Date: 3/6/2023 Agenda #: 9.
Prior Council Action:
· On December 17, 2018, the City Council held the first reading for Change of Zone No. 2018- 07, and Conditional Zoning Agreement No. 2018-08 associated with the Quintana De Oro Tentative Subdivision Map No. 5570. In addition, the City Council approved General Plan Amendment No. 2018-06 and certified Negative Declaration No. 2018-48, which were also associated with the Quintana De Oro Tentative Subdivision Map No. 5570. · On January 22, 2019, the City Council held the second reading and approved both the Change of Zone No. 2018-07 and Conditional Zoning Agreement No 2018-08. · On April 4, 2022, the City Council authorized the recordation of the final map for Quintana De Oro subdivision and authorized the formation and assessment of Landscape and Lighting Assessment District No. 22-04.
Other:
On October 22, 2018, the Planning Commission approved the Quintana De Oro Tentative Map No 5570 and recommended the City Council approve the associated general plan amendment, change of zone, and conditional zoning agreement entitlements.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a Notice of Completion for the Quintana De Oro subdivision.
Environmental Assessment Status:
Negative Declaration No. 2018-48
CEQA Review:
Negative Declaration No. 2018-49 was adopted January 22, 2019.
Attachments
1) Aerial Map
2) Final Map
3) Development Disclosure
Visalia City Council Printed on 3/3/2023Page 2 of 2
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N Linwood St
W Riggin Ave
W Ferguson Ave
W Wren Ave
N Rono St
W Oakridge Ct
W Lark Ct
W Modoc Ct
N Kent St
N Chinowth St
W Modoc Ave
W Crystal Ct
W Oriole Ave
W Robin Ave
W Ceres Ct
W Oriole Ct
N Crenshaw St
W Payson Ave
W Clinton Ct
W Vine Ave
W Delaware Ave
W Payson Ct
W Lark Ave
N Kent Ct
N Bollinger St
N Kent St
W Ceres Ct
N Kent St
W Clinton Ct
W Wren Ave
Nearmap US
®
Aerial Map
Quintana De Oro
SUBJECT SITES
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215
216
217
218
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0077 Agenda Date: 3/6/2023 Agenda #: 10.
Agenda Item Wording:
Second reading and adoption of Ordinance 2023-01 authorizing the sale of approximately 367 square feet to the State of California as part of Caltrans project to rehabilitate State Route 216, Lovers Lane and East Millcreek Parkway.
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Jim Koontz, Assistant City Attorney, [email protected], (559) 372-2400 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends City Council perform the second reading and adopt the ordinance authorizing sale of the subject property.
Summary:
On February 21st, the first reading of the ordinance occurred at the regular City Council meeting.
Staff is now returning to perform the second reading and ask City Council to adopt Resolution 2023-
01. The resolution authorizes the City Manager to complete the transaction and transfer ownership of the property located at Lovers Lane and East Millcreek Parkway.
Background Discussion:
The State of California (“Caltrans”)is proposing to rehabilitate portions of State Route 216, which include roadways in the area of Lovers Lane and East Millcreek Parkway. The project requires updating the area around the curb ramp at this location. Caltrans needs to acquire property around this intersection to complete the work and the necessary property is owned by the City of Visalia. This area is considered a state highway and Caltrans would be authorized to utilize the power of eminent domain to acquire the property.
The take area consists of 367 square feet total, of which 138 square feet is unencumbered and 229 square feet is subject to an existing easement for roadway usage. The property is part of the adjacent Mill Creek Parkway, which the City owns and maintains. No significant impacts to the park area are expected to result from the taking as it is all within the area near the intersection in and around the existing sidewalk. The ownership of this area will change but its availability for pedestrian and vehicle travel will not. Legal descriptions and aerial photographs showing the subject area are included with this report for reference. The property was appraised for $500.00, and City staff does Visalia City Council Printed on 3/3/2023Page 1 of 2
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File #: 23-0077 Agenda Date: 3/6/2023 Agenda #: 10.
included with this report for reference. The property was appraised for $500.00, and City staff does not dispute this valuation. Caltrans has offered an incentive payment of $1,000 to quickly resolve the acquisition, which the City should be eligible to receive.
City engineering staff reviewed the proposed take area and does not dispute that it would be needed for the Caltrans project. The Project, once completed, will provide a benefit for traffic and pedestrians that use the state highway in the area which also provides benefits to the City.
The attached ordinance authorizes the City Manager to complete the transaction and transfer ownership of the property.
It is noted that surplus land requirements are not applicable in instances where another government agency is acquiring land for a governmental purpose, including the subject usage by Caltrans, which it has the right to take by eminent domain for state highway purposes.
Fiscal Impact:
No significant impacts, sale of City property will require compensation to the City for the fair market value of the area being acquired for the interchange project.
Prior Council Action:
February 21,2023 - Approved 1st Reading of Ordinance
January 17, 2023 - Approval of Appraised Value and Authorization to enter into a purchase agreement with Caltrans (Closed Session).
Alternatives:
N/A
Recommended Motion (and Alternative Motions if expected):
I move to approve Ordinance No. 2023-01, authorizing the sale of the designated property to the State of California.
Environmental Assessment Status:
Completed by State of California Department of Transportation (Caltrans) CEQA Review:
The sale of this property to Caltrans should not be considered a project requiring CEQA review by the City of Visalia as the sale of land of this land to Caltrans is not likely to cause a physical change in the environment or cause a reasonably indirect physical change in the environment. Environmental review of the highway project is being prepared by the State of California not the City of Visalia.
Attachments:
1. Legal Description
2. Location Map
3. Draft Ordinance
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N Lovers Lane
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ill Creek Pkwy
LOCATION MAP
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CALTRANS STATE ROUTE 216 REHABILITATION PROJECT
RIGHT OF WAY ACQUISITION
PIQ
88671-1
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ORDINANCE NO. 2023-___
AN ORDINANCE AUTHORIZING THE SALE OF 367 SQUARE FEET OF PROPERTY LOCATED AT LOVERS LANE AND E. MILLCREEK PARKWAY
WHEREAS, the City of Visalia owns all the legal and beneficial interest in certain real property, located at the intersection of Lovers Lane and East Millcreek Parkway, APN 103-260-004 ; and
WHEREAS, the California Department of Transportation (“Caltrans”) is working on a project to rehabilitate the roadways in this area, (“Project”) a state highway project that Caltrans has full statutory authority to construct, including the right to acquire necessary property by eminent domain, and
WHEREAS, the Project, once completed, will provide a benefit to traffic flow and pedestrian access in this area; and
WHEREAS, Caltrans has informed the City that it needs to acquire a portion of APN 103-260-004 for the Project, approximately 367 square feet, 138 square feet of which is unencumbered, and 229 square feet which is subject to existing roadway easements; and
WHEREAS, City engineering staff reviewed the proposed take area and does not dispute that it would be needed for the Project based on the design prepared by Caltrans; and
WHEREAS, City staff do not anticipate any impacts to the remainder parkway property owned by the City; and
WHEREAS, state laws concerning notice requirements for surplus land sales are not applicable to purchases made under threat of condemnation by another public agency; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA:
Section 1: The Council hereby authorizes the City Manager to sell and transfer ownership of the area required by Caltrans for fair market value by a purchase and sale agreement containing reasonable terms in a form approved by the City Attorney.
Section 2: This ordinance shall go into effect thirty (30) days after its passage.
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PASSED AND ADOPTED:
______________________________________________
Mayor
ATTEST:
______________________________________________
City Clerk
APPROVED AS TO FORM
______________________________________________
City Attorney
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0467 Agenda Date: 3/6/2023 Agenda #: 1.
Agenda Item Wording:
UPCOMING CITY COUNCIL MEETINGS:
Monday, March 20, 2023 @ 7:00 p.m., 707 W. Acequia.
Thursday, March 23, 2023 @ 6:00 p.m., Special Joint Meeting w/ VUSD and COS, 915 S. Mooney, Porter Field House.
Monday, April 3, 2023 @ 7:00 p.m., 707 W. Acequia.
Note: Meeting dates/times are subject to change, check posted agenda for correct details.
In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired - Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.
Any written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
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