Agenda packet — Visalia City Council, March 20, 2023 (part 2 of 2)

•24 hours notice required for rescheduling.

Traffic Loops Crackfilling, Inc.
946 S. Emerald Street, Anaheim CA 92804 • Tel: (714) 520 4026 Fax: (714) 520 4027 •Quote is valid for 90 days from the date of this proposal. •In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail. •15 days notice required for scheduling.

General Terms and Conditions:
•Site must be ready with cat-track, permanent striping, grinding, asphalt, approvals, etc. prior to loop installation. •Access to the job site must be furnished by Contractor, the general contractor, lessee or other party ordering work. •Additional charges may incur for the following:
a) Site is not ready (for TLC's scope of work) the day of scheduled work or delays recovery of attorney’s fees and costs. The laws of the State of California shall control all aspects of this contract except as to lien matters, which will be governed by •All changes to the original scope of work or proposed extra work must be directed by the Contractor in writing prior to Traffic Loop Crackfilling, Inc. (TLC) before performing this work. No extra work or additional work will be performed without written authorization. •This quote will not be valid if there are any changes or deletions of any item post bid and will need revised pricing. •Total bid must be accepted (must use all line items) unless otherwise noted or agreed to. If you need revised pricing for only a portion of the work, contact Estimator. •TLC will not be impacted by Liquidated Damages assessed by the Contractor / Agency due to an inadequate amount of time to complete TLC operations. •Contractor to provide monthly progress payments for all completed work in accordance with the bid pricing schedule. Monthly payments must be received in full by b) Extra move-ins
the laws of the state where the subject property is located. •TLC requires a written contract, purchase order or signed quote prior to the start of work. •The language and terms used in this exhibit supersede any conflicting terms in the Subcontract Agreement.

TLC no later than 10 calendar days after the Contractor receives payment from Owner for our completed work. •Retention % is to be withheld only as per the Owner's requirements. •Contractor hereby agrees that time shall be of the essence in regard to all payments provided for herein, and if any payment is not made when due, Contractor agrees to pay all collection costs and expenses including costs of suit and any related attorney’s fees and costs and also hereby waives the benefit of any statute of limitation that would prohibit an action of TLC to enforce the terms and conditions of this Contract including but not limited to any right to c) When minimum move-in requirements are not met (if noted in quote)

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Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00011867
January 26, 2023
Iteris, Inc. Confidential January 26, 2023 Page 1 of 1 Eric Bons
315 E. Acequia Ave
Visalia, California 93291
Agency: Visalia, City of
Contractor:

Project Name: ENGQUOTE01052022VISALIA
Reference: ENGQUOTE01052022VISALIA
Delivery Term: FOB Destination
Payment Terms: NET 30 Days
Sales Rep:

Fax or email Purchase Orders to: 949-270-9441 or [email protected]. Please include Quote Number on your Purchase Order. Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated. For questions regarding this quotation, please contact the representative listed above.

FREIGHT
This quotation and any resulting order are subject to Iteris’ Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or available at http://www.iteris.com/RS-Std-TC.pdf, which are incorporated herein by this reference.

TAX $1,060.80
RodefX is an authorized Iteris Sales Representative for Iteris Roadway Sensors products and may sign quotations on Iteris’ behalf with a total sales price of $80,000 or less. Quotations that exceed $80,000 in total price must be approved by an Authorized Iteris Signature. TOTAL: $13,540.80 Authorized Iteris Signature Date Michael Girardot, RodefX 72 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00012195
February 22, 2023
Iteris, Inc. Confidential February 22, 2023 Page 1 of 2 Eric Bons
315 E. Acequia Ave
Visalia, California 93291
Agency: Visalia, City of
Contractor:

Project Name: ENGQUOTE16022023VISALIA8APPROACH
Reference: ENGQUOTE16022023VISALIA
Delivery Term: FOB Destination
Payment Terms: NET 30 Days
Sales Rep:

Product Name Product Description Qty Unit Price Ext. Price Adjustable Swivel
Monitor Bracket
Mon-Brkt-Swvl Adjustable Swivel Monitor Bracket 1 $165.00 $165.00 CAT5E-SHLD-CABLE 1000 Ft. Spool, Outdoor, UV Resistant, CAT5E Bulk Cable 1 $190.00 $190.00 MON-10LCD-SL 10 in. Color LCD Monitor, Sunlight Viewable, 2 composite video inputs, 1 VGA input, 1 HDMI input (NTSC/PAL) 1 $485.00 $485.00 NEXT-CCU-PAK Vantage Next CCU Unit, 1U box, supports up to 2 NEXT-DVPs (ordered separately). Includes NEXT-CCU-SHIPKIT (NEMA cabinet mounting bracket, 2.4GHz rubber duck antenna, USB optical mouse, 6 ft. HDMI cable, 5 ft. Cat5e patch cable, 4 x 3 ft. Cat5e patch cables, screwdriver, insulated crimp-on ground lug, 6 ft. power cord) 1 $3,850.00 $3,850.00
NEXT-DVP-PAK VantageNext Dual Video Processor (supports 2x NEXT-CAM). Includes NEXT-DVP-SHIPKIT 2 $3,850.00 $7,700.00 NEXT-RAD-SURGE-4 Surge panel box for Next and Radius systems. Provides additional surge protection for 4 lines using RJ45 connections. 1 $400.00 $400.00 TS2CABLE-2070 #493024101 Cable Assembly, SDLC2 2070 controller 1 $90.00 $90.00 VECTOR-NEXT Vantage Vector Sensor Unit for VantageNext Platform; NTSC/PAL 115/230AC,integrated sensor that includes a compact color wide dynamic range zoom camera and radar unit. Pole mount bracket also included. 4 $4,400.00 $17,600.00
$30,480.00
Important Notes: SUBTOTAL $30,480.00

TAX $2,590.80
RodefX is an authorized Iteris Sales Representative for Iteris Roadway Sensors products and may sign quotations on Iteris’ behalf with a total sales price of $80,000 or less. Quotations that exceed $80,000 in total price must be approved by an Authorized Iteris Signature. TOTAL: $33,070.80 73 Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00012195
February 22, 2023
Iteris, Inc. Confidential February 22, 2023 Page 2 of 2 Authorized Iteris Signature Date Michael Girardot, RodefX 74 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0086 Agenda Date: 3/20/2023 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to award RFB No. 22-23-42 for property abatement of developed properties throughout the City of Visalia to Joe Grijalva Landscaping in the amount not to exceed $210,000 annually.

Deadline for Action: 3/20/2023
Submitting Department: Fire Department
Contact Name and Phone Number: Corbin Reed, 559-713-4272 Department Recommendation:

Authorize the City Manager to award RFB No. 22-23-42 for property abatement of developed properties throughout the City of Visalia to Joe Grijalva Landscape in the amount not to exceed $210,000 annually.

Background Discussion:

On Thursday, February 16th, 2023 bids were solicited for property abatement of undeveloped properties within the City of Visalia. On February 27th and 28th two mandatory pre-bid meetings were held at 707 W. Acequia. Contractors were required to attend one of the two scheduled meetings to be eligible to bid on this contract. A total of three contractors were in attendance. The bid closed at 2:00 PM on Monday March 13th, 2023. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the contractor, be extended annually thereafter for four (4) consecutive one-year periods.

Three Bids were received for this contract:

Joe Grijalva Landscape- Tulare $8,864.50
JC’s Land Management- Kingsburg $11,687.50
MP Environmental- Bakersfield $34,000.00
The Visalia Fire Department Prevention Division is responsible for property maintenance throughout the City. Staff maintains two different contracts with two contractors to perform abatement services, one is for the abatement of developed properties while the other is for undeveloped (vacant lots).

This contract is for abatement services of undeveloped parcels throughout the City. The scope of work includes weed abatement through mowing, brush/trash clean up, tree trimming, removal of dead or damaged trees etc.

Property maintenance is performed throughout the City of Visalia on a continual basis. Visalia Municipal Code Chapter 8.56 (Weed and Property Maintenance Ordinance) requires that properties be maintained to a minimum standard year-round. Property maintenance includes weeds, Visalia City Council Printed on 3/17/2023Page 1 of 3
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75 File #: 23-0086 Agenda Date: 3/20/2023 Agenda #: 7.
overgrowth, junk, trash, and debris removal, and also occasionally requiring maintenance or removal of trees deemed to be a hazard or dead.

Beginning in March, a post card is sent to each owner of record for undeveloped lots throughout the city. Then, again in mid-April an additional post card is sent to each owner. These post cards refer the property owners to the City’s website where the abatement standards can be reviewed. The post cards also serve as a reminder to property owners that they must once again abate their undeveloped parcels by May 1st. Although property maintenance is a year-round process, it is typically complaint driven. During the months leading up to summer, the Prevention Division takes a proactive approach with undeveloped properties to mitigate the large fire risk associated with high fuel loads presented by unmanaged undeveloped lots.

On April 1st, Fire Prevention Staff begin inspections of City owned parcels and a work order is then issued to the contractor for the abatement of each lot that is found to be out of compliance. This will allow for all City owned parcels to be abated and brought into compliance prior to beginning the inspection of privately owned lots.

On May 1st, there will be approximately 2,000 cases opened on privately owned lots throughout the city. These lots will be inspected by Fire Prevention Staff beginning on or after May 1st. If the lots have been abated prior to staff’s inspection of the parcel and follow the applicable abatement standards, the case will be closed out. If a significant attempt has been made to abate the lot and bring it into compliance but work is still needed, then a “Post Inspection Notice” will be sent to the property owner giving them an opportunity to complete the required work prior to any fees being accessed. This notice provides a seven-day extension for abatement (inspections are scheduled 10 days after the notice is generated to provide time for mailing). If the property owner has failed to try to bring the lot into compliance or it is still significantly out of compliance, then a “Declaration of Public Nuisance” will be issued. This notice currently carries a fee of $271.95 and provides an additional 14 days to bring the property into compliance. Once the 14-day deadline has passed a re-inspection of the property is performed, depending on compliance level, the case may then be closed out, an additional “Declaration of Public Nuisance” may be issued, or work ordered (having our contractor abate).

If a property owner fails to abate his/her property after all warnings have expired a “work order” is then issued. The fees incurred during the abatement process are then billed to the Fire Department and in turn assessed against the property. A lien for all fees will be filed with the Tulare County Accessors Office and kept in place until the City has been reimbursed either by payments from a responsible party (property owner) or through the Tax Roll process.

Fiscal Impact:

Staff is recommending an annual contract of $210,000 due to prior year abatement activities. This amount can fluctuate and will only be used if needed. In addition, any abatement on private property is billed to the property owner and can be placed on the City tax roll to reimburse this expense.

Prior Council Action: N/A
Other: N/A
Alternatives: None recommended
Visalia City Council Printed on 3/17/2023Page 2 of 3
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76 File #: 23-0086 Agenda Date: 3/20/2023 Agenda #: 7.

Recommended Motion (and Alternative Motions if expected):

I move to award contract for RFB 22-23-42 to Joe Grijalva Landscape not to exceed $210,000 per year for an initial 12-month term.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Copy of bid from Joe Grijalva Landscape, JCS Land Management, MP Environmental and copy of RFB 22-23-42
Visalia City Council Printed on 3/17/2023Page 3 of 3
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77 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 22-23-42

ANNUAL CONTRACT FOR ABATEMENT SERVICES OF

UNDEVELOPED PROPERTIES

Mandatory Bid Meeting Dates:

Monday, February 27, 2023 @ 11:00 a.m.

Tuesday, February 28, 2023 @ 11:00 a.m.

BIDS DUE NO LATER THAN 2:00 PM ON MONDAY, MARCH 13, 2023

All bidders and all listed subcontractors (including consultants) must be currently registered with the California Department of Industrial Relations (DIR).

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation 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 reser ves 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 Cit y to any respondent under this Request for Bid until and unless the parties sign documents of agr eement 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.

PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract and therefore, it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached).

Advertisement Dates: February 16, 2023
February 21, 2023
78 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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TABLE OF CONTENTS

I. DEFINITIONS ................................................................................................. 3

II. INTRODUCTION .............................................................................................. 3

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ........................ 4

IV. INSTRUCTIONS .............................................................................................. 7

V. SCOPE OF SERVICES/PROJECT .................................................................... 7

VI. PRE-BID AND PRECONSTRUCTION MEETINGS .............................................. 11

VII. BID OPENING AND CONFIDENTIALITY .......................................................... 11

VIII. AWARD .......................................................................................................... 12

IX. PROTESTS/APPEALS .................................................................................... 12

X. SPECIAL CONDITIONS ................................................................................... 13

XI. GENERAL CONDITIONS ................................................................................. 13

XII. POST AWARD RESPONSIBILITIES ................................................................. 16

EXHIBITS
A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Non-segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Anti-Kickback Compliance Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Ownership Disclosure
B-9. Drug-Free Workplace
B-10. Iran Contracting Act Certification

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. ADDITIONAL ATTACHMENTS (ATTACHED SEPARATELY)
D-1. STATE OF CALIFORNIA PREVAILING WAGE RATES
D-2. CITY OF VISALIA LABOR COMPLIANCE MANUAL
D-3. LANDFILL INFORMATION
D-4. PROPERTY ABATEMENT DETAIL INFORMATION

79 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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I. DEFINITIONS

For the purposes of RFB NO. 22-23-42, 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", “Consulta nt”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation 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. 22-23-42.

II. INTRODUCTION

The City of Visalia Purcha sing Division is soliciting Bids for an annual contract for property abatement services of undeveloped properties as assigned by the City of Visalia Fire Departm ent.

The successful bidder shall be responsible for providing all services necessa ry to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

The initial contract term shall be for a twelve (12) month period a nd shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4 ) consecutive one - year periods. Bids are being sought from con tractors who have a proven record of experience in providing the services required by this Invitation to Bid.

No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class C-27 Landscape Contractor’s License . See Section III for additional Department of Industrial Relations Requirements which applies to this project.

Under the requirements of Labor Code sect ion 1782 pas sed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations Requireme nts which applies to this project.

The City hereby affirmatively ensures that Minority 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 discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and vete ran status in any consideration leading to the award of contract.

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 individuals. “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. By submitting a bid or proposal, Contractor represents that it is not a targ et of Economic Sanctions.

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 rejection of the Contractor’s bid/proposal any tim e prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State

80 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR).

Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors sub mitted after March 1, 2015 may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, su bject to the requirements of Section 4104 of the Public Contract Code or engage in the perform ance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is aut horized by S ection 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a pr oject labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre -hire collective bargaining agreement that establis hes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requiremen ts are to be included in all City of Visalia public work contracts that require the payment of preva iling wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.

❑ As set forth in CLC secti on 1771.1(a), all contractors and subcontractors must be currently registered and qualified t o perform pu blic work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or per form any public work for the City of Visalia .

Proof of registration for each contractor and subcontractor listed on the bid is required.

❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of In dustrial Relations.

❑ As set forth in CLC section 1771.4(a)(2), the prime c ontractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labo r website at:
http://www.dir.ca.gov/wpnodb.html .

❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed for the project. Please refer t o the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC section 1773.2, the co ntractor is required, by the City of Visalia , to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem 81 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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wages for each craft, classifi cation, or type of worker needed to execute the contract at each job site.

❑ In accordance wit h labor code section 1776 and it s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall:

o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.

o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code se ction 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the D epartment of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as d irected by the Department of Labor Standards Enforcement in accordance with CLC section 1727( a). Any amo unt withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

❑ As set forth in labor code section 1775(b), the following su bcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a cont ractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771 , 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a cert ified copy of each weekly payroll as specified in section 1776 containing a statement of comp liance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor t he payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upon becoming aware of the failu re of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(b)(4), pri or to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of pe rjury f rom the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 82 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) an d party to written apprentice agreements under CLC section 3070 -3098 may be employed at the a pprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applica ble apprenti ceship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The p rime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contracto rs or t o contracts of specialty contractors not bidding for work through a general or prime c ontractor when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalt ies assessed f or violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the pro visions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must b e included within or as attachments to the contract.

o The contractor shall continually monitor a subcontractor ’s use of apprentices required to be employed on the public works pr oject pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the cont ractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration , signed under penalty of perjury , from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments : The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set forth in CLC section 1773, the City of Visali a shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in 83 RFB NO. 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

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which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

Ten (10) days before the closing da te of the bid, the project manager will review the prevailing wage rates included i n any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

TO: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291

FROM: Bidder Name & Address

RE: RFB 22-23-42
Annual Contract for Abatement Services of Undeveloped Properties

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to C ity with the sealed Bid. City will n ot consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334, or by FAX (5 59) 713 -4801. H owever, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

All questions regarding this project are due by March 3, 2023.

V. SCOPE OF SERVICES/PROJECT

This contract is to provide property cleanup services for undeveloped properties as assigned by the City of Visalia Fire Department. All weeds, vegetation overgrowth, junk and trash must be removed from a designated property and may include the use of tractors and necessary implements, disking equipment, hand tools, large & small mowers, weed eaters, rakes, shovels o r similar equipment. An illustration of a typical abatement utilizing our standards is s hown below. Please see Attachment D- 4 for additional information and Scope of Services detail.

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1. WORK SCHEDULE
The property maintenance program is a year -round program with the summer months being the peak workload period. Schedule of work to be performed shall be arranged with the Fire Chief and/or his representative.

Property maintenance for the City o f Visalia s hall be “pri ority work” for the successful contractor. Contractor must have sufficient equipment and employees to complet e the high workload during the peak period. Should the awarded contractor not be able to complete assignments within ten (10) calendar days from the date the work order is issued, the City reserves the right to make other arrangements for completion as th e Fire Chief deems necessary to prevent fire hazard and/or abate public nuisances.

2. WORK ORDERS
The Visalia Fire D epartment shall prepa re a nd email a work or der to contractor for each parcel to be abated and shall determine what work shall be done on each lot (see attachment D-4 for sample work order ). No job shall be completed without a work order. Contractor will not be paid for work not authorized by the City’s work order. Contractor shall complete abatement of lot within ten (10 ) days of issuance and documentations and photo s shall be returned via email to Project Manager within five (5) days of completion. If Contractor has questions about the work to be accomplished, it is the responsibility of the Contractor to clarify all work with the Fire Depa rtment. Work orders a nd area maps are sent to the Contractor utilizing the C ity’s “Share” email service. This allow s large fi les to be sent and received.

3. MOWING/SHREDDING/FIREBREAK OPERATIONS
Weeds, brush, grass, or other ground overgrowth shall be mowed or shredded to within three inches (3") of th e finished soil sur face and provided with a fire break as outlined below. A firebreak is a gap of bare dirt between vegetation and property lines that acts as a barrier to stop or slow the progress of fire. Bid amount shall include all aforementioned costs only and shall reflect time spent solely on site.

• Lots less than .5 acre s: Pro vide a minimum of five -foot (5’) firebreaks along entire perimeter of the property.
• Lots 0.5 acres or more: Provide a minimum of ten -foot (10’) firebreaks along entire perimeter of the property.

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Mowing and shredding work must follow a strict order of operations to reduce the risk of fire.

Firebreaks MUST be completed before any other operations are done on the site.

4. HANDWORK OPERATIONS
Bushes, hedges, vines , and similar land scaping shall be trimm ed of overgrowth. Clearing of street gutters is required if there is a large presen ce of weeds, dirt and/or debris therein. All debris generated from handwork shall be hauled out of the property and loaded into contractor’s truck or trailer. Bid amount shall in clude all aforementioned costs only and shall reflect time spent solely on site.

5. JUNK AND TRASH REMOVAL
Any junk and trash discovered at a property where a work order has been issued shall be hauled out of the property and lo aded into contractor’s truck o r trailer. Junk and trash may include appliances, furniture, e -waste, mattresses, and/o r tires. Detailed p hotos shall be provided of all junk and trash removed from any property. Bid amount shall in clude all aforementioned costs only and shall reflect time spent solely on site.

Occasionally a Contractor will be required to clear a homeless encampment. Items that can be construed as private property sh all not be removed wi thout prio r approval of the Visalia Fire Department. This would include items that may be property of homeless persons.

Typically, such items will be identified prior to abatement, or a Fire Inspector will be onsite to help determine what is junk or trash.

6. TREE TRIMMING
Any trees with the branches or limbs extending down lower than 5 feet from the ground shall be “ skirted” up to this height. Palm trees shall be trimmed of all dead, dry fronds.

Occasionally tree removal of dead trees may be requ ired but shall only be done with explicit instructions on the work order and only when a quote has been requested and appr oved. All debris g enerated from tree trimmings shall be hauled out of the property and loade d into contractor’s truck or trailer. Bid amount shall include all aforementioned costs only and shall reflect time spent solely on site.

7. DISPOSAL OPERATIONS
All debris, ju nk and/o r trash that is generated or located at the property from a work site shall be disposed of properly at an appropriate facility. Photos of the filled work tru ck or trailer must be taken prior to departing the work order location. Bid amount shall include employee(s) time, transportation, equipment and labor to dispose of the items at the disposal site. Any time spent for disposal operations shall not be entered as per hour ch arges under any other bid table line item. Dump fees shall be reimbursed based on actual cost detailed on receipt turned in with the work order.

8. RESPONSE TIME
Work must be promptly completed in order to accomplish safety goals. Work must be completed wi thin ten ( 10) calendar days of the work order share link being sent . The Contractor must submit the completed work order and all supporting documentation (invoice, receipts, before and after photos, etc.) within five (5) calendar days after the work is completed. The work order and doc umentation must be sent via the same Share weblink the work order was issued with.

9. PHOTOGRAPHS
Proper photographic documentation is required to substantiate billing of the cl eanup costs to the property owner. Detailed and high quality "before" and "after" photographs taken by the Contractor at the st art and end of each working day at the job site are mandatory. Photos must be taken in digital format with a minimum resolution of 2240x1680 pixels. Photos must either have a visible date and time s tamp on the image or a photo taken of a digital device screen prior to taking any pictures.

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Contractor must submit "before" and "after" photographs of each job with the completed work order utilizing the City’s Share email service. In no instance will a work order be approved for payment if "before" and "after" photographs are not submitted or of low quality.

10. INSPECTION
The Visalia Fire Department shall review work completed by t he contractor upon receipt of the work order. Should the Visalia Fire Department determine that the work done is not acceptable, payment will be withheld until work has been done to the Department's satisfaction. The decision of the Visalia Fire Department shall be final.

11. SAFETY
All labor performed and materials and equipment used in implementation of this contract shall b e in ful l compliance with safety orders and regulations of the Division of Industrial Safety of the State of California, the Williams-Steiger Federal Occupational Health and Safety Act, and CAL-OSHA.

At all times w hile performing work, contractor shall have immediate access to the following equipment necessary to extinguish grass fires caused as a result of cont ractor's weed abatement work: one (1), 3A/40BC fire extinguisher or one ( 1) 2-1/2-gallon pressurized water extinguisher (or equivalent), and one (1) shovel.

12. METHOD OF PAYMENT
The contractor shall return the completed work order cert ifying t hat the job has been completed and the Visalia Fire Department shall review the work . If any work is less than one hour, it shall be rounded up to the neare st half-hour. Once approved, payment in full will be made within thirty (30) working days. Payment for dumpin g fees shall be verified by individual receipts per work order from the appropriate waste facility. Receipts must have the appropriate case numb er noted for each work order. Photographs and receipts shall be provided for verification.

It is understood by both the Con tractor and the City of Visalia that property conditions, obstructions, grass height and soil types shall vary from site to site. Contractor shall not be paid according to parcel conditions, but rather, payment shall be based on the unit p rices quoted on the Bid Form.

13. COMMUNICATION
Contractor must maintain a cellular phone so that contractor can be contacted from 8:00 a.m. throug h 5:00 p .m., Monday through Friday. Contractor is responsible for the costs associated with the communication device.

14. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not fur nish personnel to assist the contractor in performance of the contract. The co ntractor understands that any offers of assistance by City Personnel are unauthorized, and the contractor shall not accept such offers.

City of Visalia shall not furnish any equ ipment to assist the contractor in performance of the contract. Contractor unde rstands that any offers by City of Visalia Personnel to use City equipment for loadi ng, processing and d isposal of the p roperty are una uthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment, and materials whenever City forces are called upon to repair damage caused by the contractor in the p erformance of work associated with this contract.

15. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tool s, equipment, and transportation necessary to carry out this contract. 87 RFB NO. 22-23-42
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All vehicles utilize d to carry out contr acted work for the City shall be in compliance with the State of California.

16. HAZARDOUS WASTE
Contractor shall notify the project manager immedi ately if any hazardous materials are found on site.

17. DUST ABATEMENT
All abatements on lots t hat are .5 acres or larger shall compl y with RULE 8 051 set forth by San Joaquin Valley Air Pol lution Control District. This rule applies to any lot within urban areas that weed removal leaves less than three inches (3’’) of stubble immediately after such abetment. The contractor shall furnish all labor, e quipment, and means required , and shall carry out effective measures wherever and as often as necessary , to prevent this operation from producing dust in amounts damaging to property, cultivated vegetation , or domestic animals or causing a nui sance to pers ons living or occupying buildings in the vi cinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continu ed until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various prices named in the bid sheet for completion of the work.

18. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Titl e 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city

19. HAULING RESTRICTIONS
The contractor shall compl y with all re strictions when hauling material. Load rest rictions on roads are identical to the State of California Department of Motor Vehicle load restrictions. A permit will not relieve the contractor of the liabilit y for damage or the possible citations that may result from improperly moving of equipment/materials.

VI. PRE-BID AND CONTRACT MEETINGS

1. Mandatory Pre-Bid Meetings. Two (2) mandatory pre-Bid meetings will be held on Monday, February 27 and Tuesday, February 28, 2023 at 11:00 a.m. each day at 707 W. Acequia, Visalia, CA, City Hall . Attendance at one (1) of these meetings is required to submit a Bid in response to this RFB and information regarding the project will be provided at this meeting. It shall be the responsib ility of the Contr actor to have acquired full knowledge of the job site, sc ope o f work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions t hat 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 Project Manager: Corbin Reed
Department: Fire Department

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Monday, March 13, 2023 at 2:00 p.m. at 707 W. Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be 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. 88 RFB NO. 22-23-42
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2. Bid Confidentiality. The City favors full and open dis closure of al l Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submittin g a Bid, a Bidder agr ees to indemnify and defend the City against all claims or act ions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public.

Respondents are advised that th e California Publi c Records Act (“PRA”) provides that any person may ins pect o r be provided a copy of any identifiable public record or document that is not exempted from disclosure by the ex press provisions of t he Act.

The Federal Freedom of Information Act (“FOIA”) conta ins a similar provision. Each Bidder shall clearly id entify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for ex emption from public disclosure as “Propri etary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any f ailure t o i dentify in formation contained in a Bidder’s Bid to thi s RFB as “Propriet ary” or “Conf idential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsiv e, Respo nsible Bidder . A Contract (substantially similar to that attached hereto a s Ex hibit “C” with Attachments 1 -2) shall be awarded w ith reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets t he requirements and criteria set forth in this RFB, price a nd o ther fact ors considered, and whose Bid is determined to result in the optimum economic advantage to the C ity. A responsible Bidder is one who has the capability, financ ial capacity, and integrity to perform the contract. A responsiv e Bidder is one who commits to all 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 Award 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 informalities, technical defects, and minor irregularities 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 procedures for soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply with 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 Visalia Purchasing Division in writing within five (5) working days after such a ggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should ident ify only the areas regarding bid contradictions, p rocurement er rors, quotation rating discrepancies, legali ty of procurement c ontext, conflict of interest in the rating process an d inap propriate or unfair competitive procurement grievance regarding the Bid process.

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3. The City’s Purchasing Divis ion shall h ave the au thority to settle and resolve each protest. The resolution wil l be provide d to Bidder in writing within five (5) wo rking days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be m ade in accord ance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFB.

b. Extra Work. Contractor is prohibited from doing extra work, unless work and price are authorized in writing by Project Manager before the work is done.

2. City-Contractor Relations

a. Project Manager’s Res ponsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervisio n of such Project Manager or his or her designee(s). The Project Manager shall decid e issues of quality and acceptability of materials, work p erformance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the c ontract for the project. Project Manager sh all not have control over acts or omissions of the Contractor, Subcontra ctors, their agents, or employees.

b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods , techniques, sequences, procedures and safety precautions or programs r elated to the project. Contractor may designate a superintendent.

3. Legal Responsibilities. It is the responsibili ty of Co ntractor to c omply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provi de a saf e working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes.

Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Con tractor shall comply with all applicable 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 exp ected to be equal o pportunity employers.

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race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No q ualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that rec eives or be nefits from Federal financia l assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pen ding aga inst Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, s ubcontractors, vendors, or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not b e accepted unless signed in ink (not t yped) in the 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 the Closing D ate shall be re turned, 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 D ate by writing to the Purchasing Division.

6. Telegraphic, telephonic, elect ronic, and facsimile Bids and w ithdrawal requests will not be 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 should be prepa red in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issue d by City’s Purchasing Division is the only method which sh ould be relie d on with respect to changes to the RFB. Bidder is responsible to contact City’s Purchasing Division prior to submittin g a Bid to determine if any amendments were made to the RFB.

12. Any contract resul ting from the RFB will be jointly adminis tered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business ta x certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall provide insurance as requi red by la w and as indicated in the proposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees us ed to implement the proposed contract.

16. Bidder shall withho ld, pay , and report all taxes a nd issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract. 91 RFB NO. 22-23-42
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17. Pursuant to the City’s Charter, all other things being eq ual, tie Bids shall be awarded to a local merchant to the ex tent 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 presence of at least one witness.

18. The City may m ake such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions, and specifications. The C ity of Visalia shall incur no responsibility in connection with another agency’s purchase.

20. Each Bidder will be required to submit C ertifications, A ffidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are give n as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount o f work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the C ity deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy the mselves by personal examination of the wor k site, specifications, plans, and other contract documents and by any other means as they believe necessary, as to the actual phys ical conditions, requirements, and difficulties under which the project must be per formed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quali ty, and quantities of work to be performed, and the material s to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on t he complete Bid Form (Exhibit “A”) .

Contractor may be required to submit Bids on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Bid items and alternate Bid items.

24. No mention shall be made in the Bid of sales tax, use ta x o r any other tax, as all amounts Bid will be de emed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “ Prime Contractor” for th e s ame w ork by any firm, individual, partnership, co rporation, or combinatio n thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors. Reasonable grounds for believing that an y individual, firm, partnership, corporation, or combination thereof is interested in more than one Proposal for the work contemplat ed will cause the rejection of all Proposals in which such individual, firm, partnership, corporation , or combination thereof is int erested.

A Contractor who is not submitting a Bid as a Prime C ontractor may s ubmit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bi d will be administered by the Fire Department. However , the City’s Purchasing Divisi on shall be the final judge 92 RFB NO. 22-23-42
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concerning issues or matters related to contract interpretation or problems regardi ng the terms, conditions, or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one -year periods. Contract shall begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in response to this In vitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby inc orporated int o the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutua l agreement of the parties to the contract to allow for pric e increases or decrease s for labor and benefit rates, supplies and materials.

It w ill be the responsibility of the contractor to request a price adjustment and to provide all documentation nece ssary. The request for price adjustment must be submitted to the Project Manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time-period will not be considered.

The unit pri ces for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Pric e Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an amount equa l to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The con tract unit price changes , as a result of this formula , shall be binding on the contractor for the subsequent contract year. The adj ustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

30. This contra ct may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written noti ce of th e i ntent 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 the contract, or m aterially breaches any of its obligations under this agreeme nt the City may terminate the contract, in whol e or in part by written n otice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

Any assignment, subletting or transfer of the interest of the contracto r, either in whole or in part, without the writ ten consent of the City s hall be cause for the City to immediately terminate the agreement for default.

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 Contractor t o whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with t he Notice of Award and must be executed and returned to City within ten (10) working days o f the date of aw ard notification unless otherwise agreed.
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2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Con tractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C” , Attachment 2. Contractor shall provide evidence o f such insurance to City’s Purchasing Division prior to commencement of work.

Upon dete rmination by the City that a contract has been entered and Contractor has provided all information that it is required to prov ide pursuant to this RFB, City will issue, in writing, a not ice to proceed on the project to Contractor.

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Bidding Agency: _________________
EXHIBIT “A”

BID FORM
RFB NO. 22-23-42
Project: ANNUAL CONTRACTO FOR ABATEMENT SERVICES OF UNDEVELOPED PROPERTIES

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In complia nce with the City’s Notice Inviting Seale d Bids No. 22-23-42 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labo r appurtenances a nd incident als required for the above sta ted project as se t forth in the RFB, including all Exhibi ts and related contract documents therefor e, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this pr oposal is based upon careful examination of the work site, Instructions to BIDDERs, and t he contract requirements. If this proposal is accepted for award, BIDDER agrees to enter in to a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for t he entire work and that final compensati on under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include al l appurten ant expenses, taxe s, royalties , and fees. All b ids will be checked for accurac y. In the case of discrep ancies in amoun ts bid, unit prices sha ll govern over extended amounts.

BIDDER hereby agrees to execute a contract within ten (10) working da ys, or suc h further time as may be allowed in writing by t he Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to co mmence the work on t he start da te agreed between BIDDER a nd Pro ject 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 entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

BIDDER understands that LOW BID DER will be d etermined b y the lowest T OTAL BID AMOUNT submitted by a Bidder who is deemed Responsive and Responsible and complies with the specifications.

The quantities given on the Bid Form and any related contra ct documents are estimates only. They are given as a basis for comparis on of Bids. The City of Visalia does not, expressly or impliedly , agree that the actual amount of work will cor respond therewith and reserves the right to increase or decrease the amo unt of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

BIDDER has read and hereby agrees to the conditions s tated in this bid by affixing his/her signature on the Bid Form.

In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts.

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Item
Description of Services per
specifications of RFB-22-23-42
A
Mowing/Shredding/Firebreak
Operations
Unit Price
(A)
Estimated
Acreage
(B)
Extended
Price
(A x B)
A1. Less than 1 Acre $________ per ¼ acre .75 acre $_____________ A2. 1 Acre – 5 Acres $________ per acre 5 acres $_____________ A3. Over 5 Acres $________ per acre 30 acres $_____________ Unit Price Estimated
Quantity
Extended
Price
B Handwork Operations
$________ per person
per hour* 17 hours $_____________ C
Junk & Trash Removal @
Property $________ per ton** 3 tons $_____________ D Tree Trimming
D1. Skirting Trees
$________ per person
per hour* 5 hours $_____________ D2. Tree Removal n/a

AS QUOTED
at time of request
D3. Palm Tree trimming
$________ per person
per hour* 5 hours $_____________ E
Disposal of Weeds, Debris,
Junk or Trash
E1.

Labor, time, equipment for
dumping $________ per ton** 3 tons $_____________
E2. Dump Fees n/a ACTUAL COST

TOTAL BID AMOUNT
(Items A-E)
$_____________

* Work shall be rounded-up to the nearest ½ hour.
** Weights shall be rounded-up to the nearest ½ ton.

(1) __________________________________________________________________________________________ Bidding Firm

(2) __________________________________________________________________________________________ Corporation, Partner, Joint Venture

(3) __________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number

____________________________________________________________________________________________ E-mail Address

(4) ___________________________________________________________________________________________ Signature of Authorized Person (Date)

___________________________________________________________________________________________ Type or Print Authorized Person’s Name

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PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in busine ss; if a joint venture, exact name of entities joining in the venture; if a partnership, the cor rect trade st yle of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an indi vidual, identify here its characte r, i.e., joint ven ture, partnership, corporation, including the state of incorporation. If BIDD ER is an indi vidual operating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line, the address to which all communicatio ns and n otices reg arding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a join t venture, sign ature must be by one of the joi nt venturers, and if one or both joint venturers is a partnership or a corporation, e ach participating partnership must sign by a general pa rtner, and each corporation by an authori zed officer o r employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partn ership or corporation, the names of all o ther general partners, or the president or s ecretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritt en under written signature. All Addresses must be compl ete with street number, city, state, and zip code.

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BIDDING AGENCY: _________________________

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS: ________ # ______________________ EXP. DATE: ______________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________

CITY OF VISALIA BUSINES S TAX CE RTIFICATE #__________________________________ A City Business Tax Certificate (license) is not requir ed to s ubmit a b id; however, vendor is required to obtain a Business Tax Certificate prior to commencement of work within the City of Visalia. Please contact the Business Tax Division with questions at (559) 713-4326.

CONTRACTOR’S REFERENCES : The following ar e the na mes, addre sses, and telephone num bers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past five (5) years.

REFERENCE 1

NAME OF AGENCY: __________________________________________________CONTACT PERSON: ____________________

AGENCY ADDRESS: _________________________________________________PHONE #: _______________________________

REFERENCE 2

NAME OF AGENCY: __________________________________________________CONTACT PERSON: ____________________

AGENCY ADDRESS: _________________________________________________PHONE #: _______________________________

REFERENCE 3

NAME OF AGENCY: __________________________________________________CONTACT PERSON: _____________________

AGENCY ADDRESS: _________________________________________________PHONE #: ________________________________

DESIGNATION OF SURETIES: The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME: _______________________________________________TYPE OF INSURANCE: _______________________

ADDRESS: _____________________________________________TELEPHONE#: _______________________________

COMPANY NAME: _______________________________________________TYPE OF INSURANCE: _______________________

ADDRESS: _____________________________________________TELEPHONE#: _______________________________

COMPANY NAME: _______________________________________________TYPE OF INSURANCE: _______________________

ADDRESS: _____________________________________________TELEPHONE#: _______________________________

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EXHIBIT “B-1”

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)

Note: THIS FORM IS TO BE COMPLETED BY BIDDER AND SUBMITTED WITH BID.

Within 24 hours after the bid opening, t he three lowest bidders shall submit this form (completed and signed by each of their lis ted subcontractors). A scanned copy will be accepted; however, the original copies must be mailed or hand-delivered.

The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER h as_____ h as not _____ partic ipated in a previous contract subject to the Equal Employment Opportunity Clause pres cribed b y Executive Order 11246, as amend ed, of Septemb er 24, 1965.

The BIDDER has _____ ha s not _____ submitted al l compliance reports in con nection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prio r to award of subcontracts.

If the BIDDER has part icipated in previous contrac ts subject to the Equal Employment Opportunity Clause and has not submitted complianc e report s due unde r applicable filing req uirements, the BIDDER shall submit a compliance rep ort on Standard Form 100 , “E mployee Information Rep ort EEO-I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-2”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or order s of the Secretary of La bor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance o f each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of ra ce, color, religion, gender, national origin , or political affiliation. The BIDDER w ill take affirmative action to ensure that applicants are employed, and that employees are t reated during employment, without regard to their r ace, color, religion, gender , national origin , or political affiliation. Such action shall include, but not be l imited to, the fol lowing: employment upgr ading, demotio n or tr ansfer, recruitment or recruit ment advertising, layoff or termination, rates of p ay or other forms of compens ation, and selection for training, including apprenticeship.

The BIDDER agrees to po st in co nspicuous places, available to em ployees and ap plicants f or employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that a ll qualified applicants will r eceive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labo r union or representative of workers with which he has a collective bargaining agreement or other contract or unders tanding, a notice to be pro vided by th e agency contract ing officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executiv e Order 11246 of Sept ember 24, 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 Order 11246 of September 24, 1965, and the rules, regulations, and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all info rmation and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations , and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and acco unts by the contracting agency and the S ecretary 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 rule s, regulations or orders, th is subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be dec lared ineligible for fu rther government contracts in accordance with the p rocedures authorized in accordance with Executive O rder 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Exe cutive 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 E xecutive Order 11246 of September 24, 1965, so that such prov isions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respec t to any subcontract or purchase order as the contracti ng agen cy may direct as a means of en forcing such provisions including sanctions for non - compliance. Provided, howe ver, that in the event the BIDDER 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:

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EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any wait ing rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks , locker rooms an d other storage or dressing areas, parkin g lots, drinki ng foun tains, recreation or entertainmen t areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on t he basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the s ubmission of a bid, t he BIDDER certifies that i t does not and will not maint ain or provide for its employees any segregated facilities at any of its establishments, and that it do es not and will not per mit its employ ees to perform their services at any loc ation under its contr ol where segregated facili ties are maintained. The BID DER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submissi on of the bid, the BI DDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain identical certificat ions from propose d SUBCON TRACTORs b efore the award of subcontracts unde r which the SUB -BIDDER will be subject t o the Equal Opportuni ty clause;
(b) Retain such certifications in its files; and

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate o f Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subjec t to the equal Op portunity clause. The certification may be submitted e ither for each SUBCONTRACTOR for all sub contracts during a pe riod (i.e., quarterly, semi-annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________

Business Address: ____________________________________________________________________________

Signature: _______________________________________________ Date: ________________________________

Name of Signing Official (Print or Type): ___________________________________________________________

Title of Signing Official: __________________________________________ Company Seal:
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EXHIBIT “B-4”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, d eposes and says that he or she is _________ of __________ the party making the forego ing Bid; that t he Bid is not made in the interest of, o r on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bi d is genuine and not collusive or sham; that the BIDDER has not directly or indirectl y induced or so licited any other BIDDER t o put in a fal se or s ham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyon e else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDD ER has n ot in a ny manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, 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 contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted hi s or her Bid pr ice or any breakdown thereof, or the con tents thereof, or divulged information o r data relative thereto, or paid, and will not pay, any fee to any corporati on, 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)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 102
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EXHIBIT “B-5”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code whi ch requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the pro visions of that code, and I w ill comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-6”

CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c))

By submission of a Bid, the BIDDER certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Con tract work, the s elected BIDDER certifies to Anti- Kickback Compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-7”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities A ct, 42 U .S.C., 12101 et. seq., and will m aintain compli ance th roughout the life of this Contrac t. By commencing performance of the Contract work, the selected BIDDER cert ifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-8”

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 trus tees. For corporations provide names of o fficers, directors and all stockholders owning more than 10% equity interest in corporation:

Submitted by: Name __________________________________________________________ Date __________________________________________________________

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EXHIBIT “B-9”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.10-2019)

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 as required by Government C ode Sect ion 8355(b), to inform employees about all 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 Gover nment Code Section 8355©, that every 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 3 6 MONTHS), the state wi ll 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, then 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-10”

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 of persons and entities engaging in investment activi ties 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 ma y 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.

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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR

PROPERTY ABATEMENT SERVICES OF UNDELVELOPED PROPERTIES
(City of Visalia Bid No. 22-23-42)

This Agreement, entered into and eff ective this _______ _ da y of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinaf ter referred to as the “CITY”, and ____________________________ hereinaft er referred t o as the “CON TRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

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

WHEREAS, City of Visalia reviewed and evaluated responses to the B id and determined to award an contract to CONTRACTOR for the Annual Project; and

WHEREAS, CONTRACTOR represents it is license d, qualified and wil ling to complete the Project 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 Eff ective Date and expire upon completion of all obligations of the parties, unless earlier termina ted by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s opt ion and with the consent of the CONTRACTOR , be exten ded an nually thereaf ter for four (4) consecuti ve one -year periods.

Additionally, this Ag reement may be term inated fo r convenience. I n the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or acco unts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The fo llowing are attachm ents for this Agreement. Said attachments are incorpor ated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of V isalia Bid 22-23-42, Annual Contr act for Abatement Services of Undeveloped Properties
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-42

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the follow ing services for th e st ated compensation on o r before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-42.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

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TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor

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 co mpensation under this Agreement, unless otherw ise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis fo r ser vices actually performed based on invoic es, rec eipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the an nual annivers ary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the cont ractor to request a price adjustment and to provide all documentation necessary to support this request. The request for price adjustment must be submitted t o the Project Manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar day s prior t o the annual anniversary date of the agreement.

Requests filed after this time-period will not be considered.

In no instance shall the price increase exceed 5%. The co ntract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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 unde r the laws of the State of California that I am fully authorized 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

Dated: ____________________ By: ______________________________________________________ City Attorney

Dated: ____________________ By: ______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By: ______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 110
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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors an d Assig ns: This Agreement shall be bindin g upon and shall i nure to th e benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate , or transfer their rights an d duties in this Agreement without the written consent of the other party.

C. Notices: Notice s hall 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 P ostal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. ________________________________ Visalia, CA 93291 ________________________________ Attention: City Clerk/Purchasing Attention: ______________________

D. Independent Contracto r: It is understood 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 reg ular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall b e adm inistered and interpreted under the laws of the St ate of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any acti on broug ht to interpret or en force thi s Agreement, or any of the terms or c onditions hereof, shall be b rought in Tulare County, California. The CON TRACTOR hereby exp ressly waives any right to remove any action to a county other than Tulare County as permi tted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and e ach of the documents and exh ibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to tho se 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 th e parties, unless otherwise explicitly authorized.

G. Conflict With Law : If any part of this A greement 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: T he CONTRACTOR waiv es an y and all claims and r ecourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or i n any wa y connected with or i ncidental to the CONTRACTOR’s performance of t his Agreement, exc ept claims arising from the concurrent or sole negligen ce of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defe nd (at C ITY’s option) the CIT Y ag ainst any and all claims, demands, damages, costs, expenses, or liability arising out o f the CONTRACTOR’s performan ce 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 eith er 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 enti tled to recovery of its attorn ey’s fees and court costs incurred in the action brought thereon.
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J. Headings: Section h eadings are provided for org anizational 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/vend or/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, G overnor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited tr ansactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for t ermination by 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 ther eof), shall obtain and maintain at a minimum com pliance with all o f the following insurance c overage(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 u tilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintai n indepe ndent insurance as to eac h sub contractor or otherwise provide evide nce of insurance c overage fo r 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 l aws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum sta tutorily required coverage amounts.

b. Automobile Liability Insurance for eac h of CONTRACTOR’s vehicles u sed in the performance of this Agreement, inc luding owned, non -owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the mini mum amount of $1,00 0,000 combined single limit per occurrence for b odily injury and p roperty damage.

c. 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 M ade” rat her 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 coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreemen t coverage by re newal or purchase of prior acts or ta il coverage. This provision is contingent upon post agreement coverage b eing both available and reasonably affordable in relation to the coverage provided during the term of this A greement. For purpose s of interp reting this requirement, a cost not exceed ing 100% of the la st annual policy premium du ring the term of this Agreem ent in order to purchase prior 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:
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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as add itional insure ds as respe cts o perations and activities of, or on be half 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 b e canceled, limite d 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 insuran ce broker(s) with a ful l cop y of these insura nce provisions and provide C ITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required cove rages. Copies of all the require d End orsements shall be attached to the Ce rtificate(s) of Insurance or other evidence of insurance acceptable to th e City of Visalia, which 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 Visal ia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0089 Agenda Date: 3/20/2023 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to execute a new contract with Kings Petroleum, LLC for the supply and delivery of petroleum products. This contract will be for one year, with 4 optional one-year renewals, and an annual not to exceed amount of $1,500,000.

Deadline for Action: 3/20/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Mike Morgantini, Fleet Supervisor, [email protected] <mailto:[email protected]>, 713-4182
Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713 -4052
Department Recommendation:

Staff recommends that Council authorize the City Manager to execute a new contract with Kings Petroleum, LLC of Visalia, CA for the supply and delivery of petroleum products in accordance with the specifications of Request for Bid (RFB) 22-23-27. This contract will be for one year, with 4 optional one-year renewals.

Background Discussion:

The City has utilized an annual contract for the supply and delivery of petroleum products (fuel) to fueling stations located at various City facilities. Petroleum products are currently being supplied by Kings Petroleum, LLC under contract C18051, which expired in December 2022.

The bid for petroleum products was advertised in the newspaper on January 3, 2023, and January 10, 2023, and also posted on Bidnet. Additionally, letters were mailed to suppliers from Bakersfield to Fresno. The City of Visalia received 2 bids as shown in the summary below:

Kings Petroleum LLC of Visalia $97,065.00
Silva’s Oil Co. of Fresno $148,360.50
The bid specifications require that the vendor guarantee that the City of Visalia fuel tanks do not fall below a level less than 25% and have local storage tank reserves within a 100-mile radius of the City of Visalia in the event of an emergency. The bid pricing was based on anticipated delivery costs, whereas the petroleum products will be supplied at the price listed in the daily oil price information service report (OPIS). The price for fuel fluctuates daily and is dictated by the petroleum market.

Annual adjustments for delivery prices are based on the consumer price index and are limited to no more than 5% per year.

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File #: 23-0089 Agenda Date: 3/20/2023 Agenda #: 8.

Fiscal Impact:

Funding for this product comes from Fleet Maintenance Fund 501, which is an internal service fund and is charged to departments based on their usage. Expenditures are projected to be $1,300,000 in 22/23 and $1,400,000 in 23/24, which is currently budgeted within the Fleet Fuel Division (5014).

Prior Council Action:

None
Other:

None
Alternatives:

Rebid through the City’s Purchasing Department.

Recommended Motion (and Alternative Motions if expected):

Staff recommends that Council authorize the City Manager to execute a new contract with Kings Petroleum, LLC of Visalia, CA for the supply and delivery of petroleum products in accordance with the specifications of Request for Bid (RFB) 22-23-27. The contract will be for one year, with 4 optional one-year renewals, and an annual not to exceed amount of $1,500,000.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

Bid Summary
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0078 Agenda Date: 3/20/2023 Agenda #: 1.

Agenda Item Wording:

First reading of the Ordinance 2023-03 new Visalia Municipal Code Section 9.24.060 to be added to the City of Visalia Municipal Code establishing regulations prohibiting the unlawful possession of a catalytic converter in the City of Visalia.

Deadline for Action: 3/20/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, 559-713-4215, [email protected] <mailto:[email protected]> ; Captain Andrew Swarthout, 559-713-4035, [email protected] <mailto:[email protected]> ; Lieutenant Mike Verissimo, 559-713-4154, [email protected] <mailto:[email protected]> ; Sergeant Clay Moffett, 559-713-4240, [email protected] <mailto:[email protected]> ; Jim Koontz, City Attorney, 559-372-2400, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council approve Ordinance 9.24.060 to be added to the City of Visalia Municipal Code establishing regulations prohibiting the unlawful possession of a catalytic converter in the City of Visalia.

Summary:

In the City of Visalia and throughout the nation, the theft of catalytic converters has risen dramatically.

The following table depicts the increase in catalytic converter thefts reported to the Visalia Police Department over the past five years.

Number of Catalytic Converter Thefts
Year 2017 2018 2019 2020 2021 2022
Totals 1 2 39 21 288 326
One of the factors contributing to the rise in catalytic converter thefts is the increase in the value of precious metals. Catalytic converters contain metals such as platinum, palladium, and rhodium, which makes catalytic converters an attractive target for criminal offenders. Furthermore, a catalytic converter is easily removed from a vehicle with the use of a reciprocating saw, which is a tool easily operated by criminal offenders. Once the catalytic converter is removed, offenders transport the converter to a scrap metal dealer and sell it for cash (ranging from $200-$1,200 per catalytic converter). The scrap metal dealer then extracts the precious metals to sell.

This proposed ordinance endeavors to provide the Visalia Police Department with clearly established legal authority to protect the public and deter this criminal activity by issuing fines and imprisonment Visalia City Council Printed on 3/17/2023Page 1 of 3
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File #: 23-0078 Agenda Date: 3/20/2023 Agenda #: 1.
to violators. Violators would be those that possess any catalytic converter(s) that are not attached to a vehicle, unless the Possessor has valid “Documentation or Other Reliable Proof” to verify that they are in lawful possession of the catalytic converter(s).

Background Discussion:

Catalytic converter thefts are challenging for law enforcement agencies to investigate due to the lack of serial numbers or other identifying markers on or within each unit. Currently, under California law, a police officer who encounters an individual in possession of a catalytic converter must locate the rightful owner before making an arrest for theft or possession of stolen property, which is difficult or impossible to accomplish without an identifying serial number. If the officer is unable to locate the rightful owner, which is often the case, the person in possession of the catalytic converter may be released, absent additional evidence of criminal activity.

There is currently no City, State, or Federal legislation to define and punish catalytic converter thefts without an identifiable victim, which is a challenge for law enforcement in addressing catalytic converter thefts. Attempts to pass legislation at the State level intended to curb the theft of catalytic converters has failed in the last couple of years. It is anticipated that several bills will be introduced at the State legislature in this coming year in another attempt to provide some relief to the significant increases in this type of crime that proves to be costly to the victims. The average cost of replacing a stolen catalytic converter and repairing the resulting damage can easily exceed $2,000 for the victim in addition to potentially leaving them without an operable vehicle for a period of time.

Due to these challenges, the citizens of Visalia and the Visalia Police Department seek this ordinance for multiple reasons including, but not limited to:

1. Deterrence by establishing a zero-tolerance for catalytic converter thefts.

2. Sanctions for possessing stolen catalytic converters in the form of a misdemeanor violation of the City Ordinance resulting in potential imprisonment or fines.

3. Preventing offenders from profiting from the sale and recycling of stolen catalytic converters.

4. Providing indirect justice to the victims of catalytic converter thefts.

5. Reducing Part One crimes, which have been negatively impacted by catalytic converter thefts.

6. Minimizing the fiscal impact on the City of Visalia related to personnel time which is devoted to deterring and investigating catalytic converter thefts.

The Visalia Police Department researched California municipalities that have drafted a catalytic converter city ordinance. The City of Huntington Beach adopted a similar ordinance in April of 2022 and the City of Irvine adopted their ordinance in October of 2021. At this time, neither agency had statistics to provide; however, both made claims of a decrease in overall catalytic converter thefts.

Just this last month, the City of Fresno adopted a similar ordinance in their efforts to deter catalytic converter theft.

Over time, the Department expects that the impact of this ordinance should reduce the number of catalytic converter thefts within the City of Visalia.

Fiscal Impact:

Enforcement of the proposed ordinance will be done by existing staff and will have no fiscal impact Visalia City Council Printed on 3/17/2023Page 2 of 3
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File #: 23-0078 Agenda Date: 3/20/2023 Agenda #: 1.
related to staffing.

Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Approve Ordinance 2023-XX new Visalia Municipal Code Section 9.24.060 to be added to the City of Visalia Municipal Code establishing regulations prohibiting the unlawful possession of a catalytic converter in the City of Visalia.

Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) Per section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed ordinance will establish regulations prohibiting the unlawful possession of catalytic converters to protect the public and deter this criminal activity.

CEQA Review: The requested action is considered exempt under Section 15061(b)(3) Per section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2023-01) has been prepared for the project and is attached to the staff report.

Attachments: Proposed Ordinance 2023-03, Notice of Exemption (NOE No. 2023-01) Visalia City Council Printed on 3/17/2023Page 3 of 3
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ORDINANCE 2023-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA, CALIFORNIA, ADDING SECTION 9.24.060 TO THE CITY OF VISALIA

MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING

THE UNLAWFUL POSSESSION OF CATALYTIC COVNERTERS IN THE CITY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1. City Council Findings. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry.

The City Council of the City of Visalia hereby makes the following findings:

A. The citizens of Visalia and the region have experienced increasing catalytic converter thefts from automobiles over the past several years.

B. It is difficult to define and punish catalytic converter thefts absent an identifiable victim and used catalytic converters can be difficult if not impossible to trace once they are illegally removed from a vehicle.

C. The lack of any City, State, or Federal law addressing the possession of non- installed catalytic converters applicable within the City of Visalia that requires individuals to provide proof to law enforcement as to how they obtaine d the catalytic converter(s), limits law enforcement’s ability to: 1) protect the public by deterring catalytic converter thefts, 2) seize suspected stolen catalytic converters when no victim is present, and 3) prosecute those possessing catalytic converters who cannot prove lawful possession of them.

D. Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: 1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds, 2) the ability to recycle catalytic converters at scrap metal yards for high dollar retunes (ranging from $200- $1,200 per catalytic converter), and 3) omissions in legislation protecting suspected criminals from prosecution unless a theft victim can be identified.

E. Preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.

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F. The citizens of Visalia and the Visalia Police Department need legislation criminalizing the possession of catalytic converters absent proof of ownership or lawful possession.

The need for protective legislation will serve multiple reasons including, but not limited to: 1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts, 2) establishing penalties for possessing stolen catalytic converters, 3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, 4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above, 5) minimizing the fiscal and personnel impact on the City of Visalia and the Visalia Police Department by reducing the time invested in deterring and investigating catalytic converter thefts, and 6) provide Visalia Police department personnel an enforcement tool which directly responds to their law enforcement needs.

G. It is well established that individuals who are in possession of stolen catalytic converters then recycle them for substantial profit while both the community and the victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of lack of safety in the community.

H. The City Council finds that this local ordinance is appropriate and necessary to provide the City of Visalia and the Visalia Police Department clear legal authority to better protect the public and deter this criminal activity.

I. All legal preconditions to the adoption of the Ordinance have occurred as required by law.

Section 2. New Municipal Code Section. The following provision, which regulates the possession of a catalytic converter, is hereby added to the Visalia Municipal Code:

9.24.060 – Unlawful possession of a catalytic converter.

It shall be unlawful for any person, group, or “Possessor” to possess any catalytic converter(s) that is not attached to a vehicle, unless the Possessor has valid “Documentation or Other Reliable Proof” to verify that they are in lawful possession of the catalytic converter(s).

A. For purposes of this section, “lawful possession” includes 1) being the lawful owner of the catalytic converter , or 2) in possession of the catalytic converter with the lawful owner’s written consent, or 3) owners and employees of a licensed business involving the legal purchase and sale of catalytic converters may possess them during lawful business operations. It is not required to prove the catalytic converter 171
was stolen to establish the possession is not a “lawful possession” and any of the following may also be considered to determine that possession of a catalytic converter is unlawful:

1. The catalytic converter has been cut or otherwise shows marks or damage consistent with illegal removal.

2. The person in possession of the catalytic converter is also in possession of tools that can be used in the illicit removal of catalytic converters.

3. The catalytic converter has markings that associate it with a particular vehicle or make or model of vehicle not associated with the person in possession of the catalytic converter.

4. The person is not able to reasonably account for the origin of the catal ytic converter.

5. The person is in possession of, or has sold or attempted to sell, multiple catalytic converters outside of the scope of a licensed business enterprise.

B. For purposes of this section, “Documentation or Other Reliable Proof” means a sales receipt, other proof of purchase, or written document(s) that identifies proof of ownership of catalytic converters or ownership of the vehicle from which a used catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Verifiable bill of sale from the original owner.

2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs or similar visual representation of the vehicle from which the catalytic converter originated.

5. Certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic conver ter was detached.
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C. Each violation of this section shall constitute a separate violation, including but not limited to, possessing multiple catalytic converters during a single contact by law enforcement or the locating of catalytic converters at other locations but arising from the initial contact by law enforcement or any other circumstance connecting the potential violator to the unlawful possession of the catalytic converter(s) and shall be subject to all remedies and enforcement measures authorized by the Visalia Municipal Code. For clarity, each catalytic converter unlawfully possessed is a separate violation of this section.

D. It is unlawful and a misdemeanor subject to punishment in accordance with section

1.12.010 of the Visalia Municipal Code for any person to violate any provision of this section. The general rule stating violations of this chapter shall be treated as infractions does not apply to violations of this section 9.24.060.

E. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

Section 3. California Environmental Quality Act Requirements. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more secti on, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

Section 5. Effective Date. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect thirty (30) days from the date of adoption.

PASSED AND ADOPTED:

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0103 Agenda Date: 3/20/2023 Agenda #: 2.

Agenda Item Wording:

Approve Resolution 2023-05 to ratify the Proclamation of Local Emergency that was declared on March 13, 2023, due to the threatened existence of conditions of extreme peril to the safety of persons and property within said city caused by excessive past and expected rainfall and snowfall, resulting in uncontrolled waters coming from local rivers and streams.

Deadline for Action: 3/20/2023
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia, City Manager, Department Recommendation:

It is recommended that the Visalia City Council approve the March 23, 2023 Proclamation of Local Emergency that was declared by the Office of Emergency Services Director, Leslie Caviglia.

Background Discussion:

Pursuant to Visalia Municipal Code Section 2.28.050(B)(1), the Office of Emergency Services Director (“Director”) is empowered to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the Council is not in session. Such proclamation by the Director shall expire within 7 days of its proclamation, unless ratified by the City Council. Upon ratification by the City Council, the proclamation of local emergency shall remain in effect until the Director or the City Council issue a proclamation that a local emergency no longer exists. The City Council is required to review their ratification of this proclamation within 60 days (VMC Section 2.28.110).

Fiscal Impact: To be determined.

Prior Council Action: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

I move to approve Resolution 2023-05 to ratify the Proclamation of Local Emergency that was declared on March 13, 2023, due to conditions of extreme peril to the safety of persons and property within said city caused by excessive past and expected rainfall and snowfall, resulting in uncontrolled waters coming from local rivers and streams.

Attachments: Resolution proclaiming existence of a local emergency dated March 13, 2023 and Resolution 2023-05, Resolution Proclaiming Existence of Local Emergency.

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RESOLUTION NO. 2023-05

CITY OF VISALIA RESOLUTION PROCLAIMING

EXISTENCE OF A LOCAL EMERGENCY

WHEREAS Visalia Municipal Code Section 2.28.050(B)(1) of the City of Visalia requires the Visalia City Council to ratify the proclamation of the Office of Emergency Management Director within 7 days of the of the proclamation of the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity; and
WHEREAS, the City Council of the City of Visalia does hereby find that conditions of extreme peril to the safety of persons and property have arisen within said city, caused by excessive past and expected rainfall and snowfall, resulting in the potential for uncontrolled waters coming from local rivers and streams.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said city; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this city shall be those prescribed by state law, by ordinances and resolutions of this city, and by the City of Visalia Emergency Plan.

Dated: March ___, 2023 By:
_________________________________
Brian Poochigian, Mayor of the City of Visalia

PASSED AND ADOPTED: March___, 2023 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-05 passed and adopted by the Council of the City of Visalia at a regular meeting held on March 20, 2023.

Dated: March ___, 2023 LESLIE B. CAVIGLIA, CITY CLERK

By: ____________________________________
Michelle Nicholson, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0084 Agenda Date: 3/20/2023 Agenda #: 1.

Agenda Item Wording:

UPCOMING CITY COUNCIL MEETINGS:

Thursday, March 23, 2023 @ 6:00 p.m., Special Joint Meeting w/ VUSD and COS, 915 S. Mooney, Porter Field House.

Monday, April 03, 2023 @ 7:00 p.m., 707 W. Acequia.

Monday, April 17, 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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Visalia City CouncilMarch 20, 2023

Visalia City Council
March 20, 2023