Visalia City Council
November 6, 2023

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
Monday, November 6, 2023 7:00 PM City Council Chambers

ROLL CALL
CALL TO ORDER WORK SESSION - 5:00 PM

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

SPECIAL PRESENTATION / RECOGNITION

1. 2023 APWA Central CA Awards Ceremony and Project
Acknowledgement
23-0433
WORK SESSION AND ACTION ITEMS (as described)

1. NEW EMPLOYEE INTRODUCTIONS:

Community Development
Collen Moreno, Assistant Planner
23-0393

2. Receive an update on the City-wide marketing and rebranding project, including recommended, updated logo and color palette, and provide input for next steps.
23-0374

3. Update on direction received from City Council regarding outreach and input received by business owners related to potential consideration on directing staff to prepare a draft ordinance to regulate the use and operation of pedicabs within the City of Visalia.
23-0431

1 City Council Meeting Agenda - Final November 6, 2023
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 23-0226

2. Appoint Jerome Melgar to fill an unexpired term on the Historic Preservation Advisory Committee.
23-0414

3. Accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consists of months July, August, and September of 2023.
23-0432

4. Authorize the City Manager to award a contract for professional architectural and engineering design services for the new Fire Station 51 (FS51) in the amount of $794,787 to RRM Design Group.
23-0363

2 City Council Meeting Agenda - Final November 6, 2023

5. Authorize the transfer of $4,500,000 from the General Fund to the Vehicle Replacement Fund, $475,000 from the Police Measure T fund to the Police Measure T Vehicle Replacement Fund, and $1,480,000 from the Fire Measure T Fund to the Fire Measure T Vehicle Replacement Fund to replace future vehicles.
23-0390

6. Request authorization to file a Notice of Completion for Riggin Avenue Widening & Improvements (Akers to Demaree). City of Visalia Project Number 2430-72000/CP0397-999.
23-0395

7. Authorization to accept and appropriate $72,710 for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BAJ) and approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department 2023 JAG Joint Purchase Program. 23-0396

8. Authorize the City Manager to Award RFB 22-23-10 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant J to Brightview Landscape Services, Inc., of Fresno, CA, for an annual not to exceed amount of $96,232.00. 23-0397

9. Authorize the City Manager to Award RFB 22-23-13 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant M to JC’s Land Management, Inc., of Kingsburg, CA, for an annual not to exceed amount of $43,065.00. 23-0398

10. Authorize the City Manager to Award RFB 22-23-04 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant C to Perfect Care Landscape and Maintenance, of Tulare, CA, for an annual not to exceed amount of $128,851.00.
23-0400

11. Authorize an amendment to the 2017 lease agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento to include approximately 800 (eight hundred) additional square feet of office space.
23-0402

12. Authorize the City Manager to approve a contract change order to W.M. Lyles Company in the amount of $252,196 for the interior coating of Digester #4 at the Water Reclamation Facility (WRF). 23-0410

13. Request authorization to adopt Resolution No. 2023-53 ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records.
23-0413

3 City Council Meeting Agenda - Final November 6, 2023

14. Second reading and adoption of Ordinance No. 2023-10 pertaining to Specific Plan No. 2021-13 and entering into a development agreement: A request to establish a new specific plan (Carleton Acres Specific Plan) consisting of approximately 507 acres, including districts for low, medium, and high density residential, commercial mixed use, neighborhood commercial, parks / open space, and public institutional. Full buildout of the plan will accommodate approximately 3,262 dwelling units, approximately 205,000 square feet of leasable commercial area, 17 acres of parks / trails / recreational facilities, 17 acres for a drainage basin, and a future elementary school site, to be developed across Urban Development Boundary Tiers I, II, and III. A development agreement has been prepared with the specific plan in accordance with General Plan Policy LU-P-22 to address development terms for the project, including development within the Urban Growth Boundary Tier III. The proposed Project is located on
approximately 507 acres, generally bound by West Riggin Avenue to the south, North Akers Street to the east, North Shirk Road to the west and Avenue 320 (West Kibler Avenue) to the north (APN 077-100-108 and 077-100-105).
23-0417

15. Authorize the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000, and a contract to FM3 Research for an amount not to exceed $39,500, with a total budget of $45,000, to assist in the preparation of a potential local sales tax measure for cannabis sales for the 2024 general election and identify potential cannabis regulations, and appropriate $85,000 from the General Fund. 23-0418

16. Authorize City Manager to award RFQ 22-23-66 and establish a qualified bidders list to perform various maintenance activities in the sanitary and storm sewer systems, including rehabilitation of lift stations, wells & pumps, and repair sanitary and storm sewer mains. Work completed under this contract will be funded through the operating and CIP budgets of the Wastewater and Storm Sewer funds at an amount not to exceed $1,500,000 annually.

This is a one (1) year contract and is renewable for up to four (4) additional one year periods.
23-0419

17. Request authorization to file a Notice of Completion for Sequoia Bend Unit 1 subdivision containing 51 single-family residential lots, located on the south side of East Goshen Avenue between North Cain and North Virmargo Streets.
23-0420

18. Authorize the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to Interwest Consulting Group, not to exceed $200,000 for one year ending December 31, 2024.
23-0421

4 City Council Meeting Agenda - Final November 6, 2023

19. Approve the Citizens Advisory Committee’s recommendation to appoint William Mann and Julie Appelbaum to fill a vacant voting position on the Citizens Advisory Committee vacated by Kelli Pierce and Charles Garza.
23-0425

20. Second reading and adoption of Ordinance No. 2023-11 approving Zoning Text Amendment No. 2023-01, a request by the City of Visalia to amend Title 17 (Zoning) Chapter 17.32 Special Provisions to regulate Short-Term Rentals in single and multi-family residential zones Citywide.
23-0429

21. Authorize an amendment to the contract dated August 25th of 2021 between The City of Visalia’s Transit division and Kaweah Maintenance to include additional work to the existing scope on a monthly basis not to exceed an additional $13,500 annually for a total of $84,220 annually.
23-0412

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Conduct the first of two public hearings to amend the Measure N Spending Plan to appropriate $190,000 and advance the purchase of one (1) marked patrol vehicle for FY 24/25 and purchase one (1) marked patrol vehicle to replace a Measure N funded Dodge Charger. In addition, staff is requesting to appropriate an additional $30,000 to address the budget shortfall for FY 23/24 vehicle purchases.
23-0423

2. Authorize the City Manager to execute an agreement and appropriate an additional $425,000 in Successor Agency Housing (SAH) funds for Visalia Homekey LP to convert the Majestic Motel at 4545 W. Noble Avenue into a 42-unit Permanent Affordable Rental Housing complex for qualifying populations.
23-0302

3. First reading and public hearing for Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02, a request by the City of Visalia to add Chapter 5.66, amend Chapter 8.64, add section

17.32.167. and amend Visalia Municipal Code Chapter 17.25, in order to address upcoming state mandated changes as a result of the passage of Senate Bill (SB) 1186, the “Medicinal Cannabis Patients’ Right of Access Act,” and establish objective standards for permitting delivery only medical marijuana retail establishments within the City of Visalia.
23-0382

CLOSED SESSION REPORT

5 City Council Meeting Agenda - Final November 6, 2023

1. For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Olive Farms Associates, LLC, a Washington Limited Liability Company
APN: 123-080-032 & 123-080-033
Purpose: Storm Basin & Riparian Set Back
Brief Description: Willow Springs Development
Price: $347,614.10
Closing Date: 10/6/2022
Project Manager: Adrian Rubalcaba
For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Kaweah Delta Health Care District
APN: 126-130-030 (portion)
Purpose: Caldwell Widening Project
Price: $23,779.89
Closing Date: 10/24/2023
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
23-0411

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings:

Monday, November 20, 2023 at 7:00 p.m. @ 707 W. Acequia Monday, December 04, 2023 at 7:00 p.m. @ 707 W. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, November 6, 2023 to discuss your
accessibility needs: 559-713-4512 or email at
[email protected].
23-0427

6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0433 Agenda Date: 11/6/2023 Agenda #: 1.

Agenda Item Wording:
2023 APWA Central CA Awards Ceremony and Project Acknowledgement Visalia City Council Page 1 of 1 Printed on 11/3/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0393 Agenda Date: 11/6/2023 Agenda #: 1.

Agenda Item Wording:

NEW EMPLOYEE INTRODUCTIONS:

Community Development
Collen Moreno, Assistant Planner
Visalia City Council Page 1 of 1 Printed on 11/3/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0374 Agenda Date: 11/6/2023 Agenda #: 2.

Agenda Item Wording:

Receive an update on the City-wide marketing and rebranding project, including recommended, updated logo and color palette, and provide input for next steps.

Deadline for Action: 11/6/2023
Submitting Department: Administration
Contact Name and Phone Number: Allison Mackey, Communications Manager, 713-4535 Department Recommendation:

It is recommended that the Visalia City Council review and accept the revised logoas presented and review the color palettes presented and choose one, completing the logo and branding color portion of the Citywide rebranding.

Background Discussion:

In previous action, City Council approved a City-wide marketing and rebranding capital improvement project. We the Creative (WTC) was awarded the contract for the project through a competitive bid process. The overarching goal is to update the City’s identity, image, and brand to market the positive aspects of working for and living in the City of Visalia, as well as create a cohesive, modern, identifiable look to be used throughout the organization.

The process of rebranding began with a discovery phase examining the City of Visalia’s strengths, challenges, personality, organizational culture, and key attributes. This phase involved WTC meeting with the City’s project team, taking tours of the community, conducting roundtable discussions and focus groups that included City Council, City staff, residents, business owners, and staff from other stakeholder organizations.

Additional outreach included digital community surveys that were available to the public at large and were accompanied by targeted outreach to community partners such as Kaweah Health and the Visalia Chamber of Commerce and Tulare Kings Hispanic Chamber of Commerce. The results of the survey were reviewed and WTC then held further focus groups and one on one meetings to verify what the survey results had presented.

Ultimately, WTC found that there was a strong agreement that the results of the survey and the information culled from the community, (over 800 individual interactions), presented a cohesive vision of Visalia. This included the statements that Visalia had a small town/hometown feel with big city feel/amenities, that the city was vibrant with a good downtown and that Visalia was family friendly oriented. Through the discovery phase, WTC noted the words simple, casual, traditional, friendly, agriculture and diverse were repeated across discussions and focus groups. In discussion of a logo, respondents shared they would like it to be simple, artistic, colorful, and modern, while the top visuals Visalia City Council Page 1 of 4 Printed on 11/3/2023
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File #: 23-0374 Agenda Date: 11/6/2023 Agenda #: 2.
they identified would include agriculture, oak trees, view of the mountains and downtown. All of this information from conversations, surveys and interviews informed how the logo options and brand messaging components were developed.

Logo
One of the first steps in the branding process was to create a logo that is visually appealing, recognizable, and representative of Visalia. The input received during discovery indicated it should be simple, artistic, colorful, and modern. WTC initially presented 29 logo concept options, which were then narrowed down to a top three after review and input from the internal project team, City department heads, and staff. Council was also provided an opportunity to, individually, review the top options. From that input, a single concept was selected which is referred to as the “Breaking through the V” option.

Using that concept, WTC was asked to develop style variations of that logo. At the August 7, 2023 Council Meeting, WTC and City staff presented five variations of the “Breaking through the V” logo for Council consideration and input. The Council chose logo V5, which depicted rolling hills, a building, and mountains in the distance, with the direction that staff work with WTC to come back with a slightly redesigned logo, one that included the building to appear more like the Fox Theatre.

WTC has developed what is referred to as the R5 logo, herein referred to as R5-Fox Theatre and presented in Attachment A. This R5-Fox Theatreversion of the logo represents the direction of the City Council and has been previously reviewed by the Rebranding Committee and the Rebranding Department Head Subcommittee. The Rebranding Committee and the Rebranding Department Head Subcommittee recommend logo R5-Fox Theatre as the final City logo design.

Color Palette
A key piece of the logo is the color palette, as the chosen color palette will be how the logo is presented in color and will represent the new City of Visalia brand colors. WTC developed color palettes created from information obtained through discovery, and further developed and refined those palettes through input from the Rebranding Committee and the Department Head Subcommittee. Council is now presented with Color Palette 1, Color Palette 2 and Color Palette 3, showcased in Attachment B.

Each of the three palettes are different in the colors utilized and how they complement the logo. To display how these palettes would work within a City of Visalia logo, WTC has showcased the color palettes within the R5- Fox Theatre logo. Each of the Color Palettes include primary colors, secondary (accent) colors, a neutral color and a text color. Primary colors help a brand be identified quickly and are a brand’s fundamental colors. Secondary colors are used alongside primary colors, and are typically accent colors that do not distract from the primary colors. A neutral color was chosen for the color of the Fox Theater in each sample while the text color chosen for each sample is black.

Color Palette 1 includes green as the primary color, a color known for prosperity, the natural world and safety. Color Palette 2 has dark tan as a primary color, a color that evokes warmth, security and stability. Color Palette 3has lavender as a primary color, representing creativity and the arts, and is also known for being associated with royalty. Each of the logos are multi-colored, which are known for representing a united organization that is open to all, capturing diversity and sociability.

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The color palette ultimately chosen will be the official color palette of the City of Visalia and will provide brand consistency. It will not only be used in the color version of the logo, but will be the official color palette from which other graphic design elements, as well as the redesign of the City website, will draw color informed direction.

The Rebranding Committee recommends Color Palette 1, and the Department Head Subcommittee recommends Color Palette 2.

Next Steps
Staff asks for Council input, and approval, of the new City logo, R5-Fox Theatre, and then their choice of color palette.

Once the City Council reviews the deliverables presented with the logo and color palette, and directs staff on next steps, the Citywide Rebranding process will move forward as directed. This will ultimately include further brand development, creation of marketing campaigns, and photography/videography products. City Council will be provided an update as the process moves forward.

Fiscal Impact:

None with the action requested. The City currently has a Professional Services Agreement with firm We The Creative to complete the rebranding process through contracted services for a total of $150,000. This Citywide Rebranding scope of work includes: 1) Brand Audit: Provide recommendations on redesigning/enhancing existing templates, marketing and promotional materials and other relevant documents, 2) Visual Identity Design: Create a brand visual identity based on knowledge obtained through the branding and communications strategy process, 3) City Identity, Brand Development and Positioning: Brand Promise/Key Marketing Messages, Marketing Tagline, Wordmark, General Use Template Development, Fleet Branding, Solid Waste Truck Branding and Website Content, 4) Marketing Campaigns: Develop specific marketing campaigns (including conception, information architecture, creative design, copywriting and graphic design) that focus on clearly and reflectively marketing the City of Visalia, 5) Brand Hierarch: Provide recommendations on how to best accomplish folding the various City Departments under the unified messaging of the City organization, 6) Visual Identity Guidelines: Create a visual identity guidelines document or Style Book, 7) Photography: Library of 50 photos, 20 B-roll, 10-20 second videos, 8) Videography: A oneminute video giving an overview, benefits of living and working in Visalia.

Prior Council Action: August 7, 2023 - Council received an update on the City-wide marketing and rebranding project, directed staff to present a redesigned logo with additional elements and approved a new mission statement, vision statement, brand promise, values and tagline. April 17, 2023 - As part of the review of the Fiscal Year 2022/23 mid-year financial report, Council made a General Fund Capital Project appropriation of $50,000 for City rebranding implementation. August 15, 2022 - Council authorized staff to conduct a citywide rebranding process, appropriated an additional $25,000 to cover the costs of completing the administrative portion of the City of Visalia Human Resources Marketing and Branding Services, and appropriated $75,000 to cover the anticipated costs of undertaking and completing the administrative portion of the City of Visalia rebranding (Citywide Rebranding). Council authorized staff to utilize the services of We The Creative (by amending their contract with the City of Visalia Human Resources Division) for a project total of Visalia City Council Page 3 of 4 Printed on 11/3/2023
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File #: 23-0374 Agenda Date: 11/6/2023 Agenda #: 2.
$150,000. March 21, 2022 - City Council approved Proposed Capital Projects by Fund, Project # ADCP09 City Logo Refreshment for Fiscal Year 2024-25 for a total of $50,000. March 15, 2021- City Council reviewed Fiscal Year 2020/2021 mid-year financial report with recommended budget appropriations and authorized the Capital Project Request of City Rebranding for $50,000 to be used for initial implementation of the new branding.

Other: None.

Alternatives: 1. Direct staff to work with We The Creative to apply any desired edits/revisions to the materials presented and re-present the revised options at an upcoming Council meeting. 2. Direct staff to work with We The Creative to develop additional, new options for either the logo or the color palette, or for both items.

Recommended Motion (and Alternative Motions if expected):

Approve the new City of Visalia logo R5-Fox Theatreand choose the new City of Visalia color palette, (Color Palette 1, Color Palette 2, or Color Palette 3, dependent on Council choice).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1) Attachment A, 2) Attachment B, 3) COV Rebranding Update to Council_11.6.23 PowerPoint
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13 14
City of Visalia Administrative Services
City of Visalia
Rebranding
Continued Logo Exploration and Color Palettes
11/6/2023
15 For Review

COLOR PALETTES

CITY LOGO EXPLORATION
16 WE THE CREATIVE PPT SLIDE
17 WE THE CREATIVE PPT SLIDE
18 A scene vignetted in a V shape. The mountains breaking through anchored by Visalia elements. Council chose V5 and directed staff to explore redesigning the building to represent the Fox Theatre.

WE THE CREATIVE PPT SLIDE
19 WE THE CREATIVE PPT SLIDE
Logo development
Adding the Fox Theatre
20 For Review

COLOR PALETTES

CITY LOGO EXPLORATION
21 22
Choose the new City of Visalia Logo, R5-Fox
Theatre, and choose the new City of Visalia
Color Palette (Color Palette 1, Color Palette 2,
or Color Palette 3).

Recommended Motion
Visalia: A Better Way of Living
23 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0431 Agenda Date: 11/6/2023 Agenda #: 3.

Agenda Item Wording:

Update on direction received from City Council regarding outreach and input received by business owners related to potential consideration on directing staff to prepare a draft ordinance to regulate the use and operation of pedicabs within the City of Visalia.

Deadline for Action: 11/6/2023
Submitting Department: Police Department
Contact Name and Phone Number:

Luma Fahoum, Police Captain, ext. 4103, [email protected] <mailto:[email protected]>
Tracy Robertshaw, Neighborhood Preservation Manager, ext. 4187, [email protected] <mailto:[email protected]>
Jason Salazar, Police Chief, ext. 4253, [email protected] <mailto:[email protected]>
Jim Koontz, City Attorney, 559-372-2400, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, ext. 4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council receive a staff presentation and report regarding outreach engagement staff held with local businesses owners and stakeholders within the downtown area, receive public input from the community, and direct staff to prepare a draft ordinance for City Council’s consideration to regulate the use and operation of pedicabs within the City of Visalia.

Please note a pedicab ordinance may contain specific provisions allowing the consumption of alcohol by pedicab passengers if statutory requirements are followed. The City Council may direct staff to include language in the draft pedicab ordinance that may permit the consumption of alcohol by pedicab passengers, or the City Council may elect to direct staff to omit the consumption of alcohol in the ordinance.

Summary:

On August 21, 2023, City staff presented a Work Session item regarding consideration and direction on initiating a potential municipal code update to regulate the use of pedicabs within the City of Visalia. The City Council received staff’s presentation but stated that outreach should occur with business owners prior to any consideration on drafting a pedicab ordinance as described in the August 21st City Council staff report. As stated below, staff held a meeting with downtown business owners on September 19th where a majority of the owners present supported the concept of a pedicab use in the downtown area.

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Background Discussion:

On September 19, 2023, City staff held a meeting with downtown businessowners and stakeholders to allow them the opportunity to have input on the potential for the City to adopt a pedicab ordinance and the opportunities and/or potential concerns that may arise if such an ordinance were adopted to regulate this use in the greater downtown area.

The meeting was attended by several community members who represented various community organizations such as the Chamber of Commerce, Downtown Visalians, The Fox Theatre, and the Visalia Breakfast Lions. There were a total of 18 members of the community signed in for the meeting including the owners of Rookies, the Salad Shop, and Craig Hartman; the community member proposing a new pedal cart in downtown Visalia.

Those in attendance were given an overview of what was being proposed and the pertinent information of the proposed ordinance. The community members present were able to ask questions of staff. The questions asked centered around the proposed route, the hours of operation and locations for pick up and drop off.

At the conclusion of the meeting, the attendees supported the request based on information that was provided by the applicant seeking to operate a pedicab businesses.

Considerations for Potential Direction on a Visalia Pedicab Ordinance:

Pedicabs are defined under state law to include bicycles, including electric bicycles, that transports or is capable of transporting passengers, and is available for hire. The use of these types of vehicles as an alternative to larger vehicles for hire has increased in recent years. As cities develop additional bicycle lanes, the use of pedicabs as an alternative form of transportation for hire is likely to increase.

State law, Vehicle Code sections 21215-21215.5, state specific operational rules for pedicabs in California. These rules require that pedicabs be authorized by local ordinance to operate within the jurisdiction; that operators be over the age of 21 with a valid driver’s license; that the pedicab be equipped with seats for passengers, brakes, headlights, grab rails, and inspected annually; that operators be required to provide specified levels of insurance; that pedicabs are not allowed to operate on streets with a speed limits in excess of 30 miles per hour, except to cross at intersections; that pedicab operators report to the California Highway Patrol any accidents; that pedicabs are not permitted to load or unload passengers on roadways or in the middle of highways; that pedicabs shall be operated close to the right hand curb or edge of roadway except when necessary to overtake a vehicle, avoid an object, or when preparing to make a left turn.

In addition to these rules, state law allows local agencies to adopt their own regulations for pedicabs.

City staff, in response to requests for the operation of pedicab businesses, is seeking direction from City Council on consideration to direct staff to draft an ordinance to regulate the licensing, use, and operation of pedicabs.

Contents of a Potential Pedicab Ordinance:

An ordinance would require state mandates be followed. In addition, City staff suggest additional provisions requiring background review of pedicab owners.

If directed to draft an ordinance City staff is proposing pedicab operators to be required to provide fixed routes and to designate the locations for picking up and dropping off passengers as part of the business licensing process. Although referred to as a pedicab, the businesses resemble bus service since they would operate on a fixed route and the particular business that is interested in operating in Visalia City Council Page 2 of 5 Printed on 11/3/2023
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File #: 23-0431 Agenda Date: 11/6/2023 Agenda #: 3.
since they would operate on a fixed route and the particular business that is interested in operating in Visalia could be described as a walking tour conducted on a multi-passenger bicycle. Below is an overview of the different sections that a potential ordinance could contain:

1. Pedicab Permit Requirements: The ordinance will be drafted detailing the permit requirements that pedicab owners will be subject to in order to operate a pedicab business in the City of Visalia. This section will require state that a pedicab owner shall not operate a pedicab, nor allow their pedicab to be operated within the City unless the owner has a valid business tax certificate, pedicab owner permit, and pedicab decal, issued by the City of Visalia. In addition, language under this section will be included to inform pedicab owners that the permits are the property of the City and are not transferable to another person. Furthermore, this section will include language that requires pedicab owners to have a complete background check prior to operating a pedicab business. Other items included in this section will be proof of insurance and indemnification requirement stating that the pedicab owner agrees to reimburse the City of Visalia for any costs incurred by it in repairing damages to City property proximately caused by permittee’s pedicab operations.

2. Pedicab Vehicle Operation Requirements: This section of the ordinance will contain provisions that outline the requirements on the pedicab is operate when in use. Contents included in this section may include:
· Pedicabs must meet California Vehicle Code requirements for pedicabs; · Seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rail. · Lighted turn signals shall be required and lighted running lights to improve visibility of pedicab at night. Reflectors must also be attached to all sides of the pedicab. · Headlights must be capable of projecting a beam of white light for three hundred feet. · Prior to issuance the pedicab must pass an inspection to confirm compliance with California Vehicle Code requirements and the requirements in this ordinance. · Pedicabs must be kept in a clean and sanitary condition, be available for inspection by City staff at reasonable times and operate in compliance with all local and state laws applicable to pedicabs and pedicab operations.
· Pedicabs may not impede or block normal or reasonable movement of pedestrians or vehicular traffic.
· Pedicabs may not impede or block normal or reasonable movement of pedestrians or vehicular traffic.

3. Pedicab Routes: As part of the pedicab ordinance requirements, language will be included requiring that pedicab owners submit an operations route with their application. Pedicabs shall only operate along routes that have been submitted to and approved by the City of Visalia as part of the issuance of a pedicab owner permit application. Fixed routes are recommended by City staff so that it would be clear where the pedicabs would be operating in the city. Requiring fixed routes also allows City staff to confirm that the pedicab operator has planned for space to load and unload passengers without blocking traffic. Provisions in the potential ordinance could be made to allow temporary routes or as part of a special event permit allow short term routes for a limited duration. Staff also suggests including language under this section that Visalia City Council Page 3 of 5 Printed on 11/3/2023
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File #: 23-0431 Agenda Date: 11/6/2023 Agenda #: 3.
routes for a limited duration. Staff also suggests including language under this section that requires the owner to identify designated loading and unloading locations, and that the pedicab owner be required to provide a diagram of each designated location and authority from the owner of the applicable location that demonstrates, to the satisfaction of City staff, that the pedicab operator has sufficient legal authorization to park, load, and unload passengers, at each designated location. Please note, if directed by Council, language can be included that the use and reference of private parking lots can be considered sufficient if the pedicab operator demonstrates that they have an agreement to utilize the private parking lot when the pedicab will be operating.

4. Consideration of Consumption of Alcohol: State law also allows for the consumption of alcohol by passengers riding in pedicabs when such usage is permitted by local agencies. Local agencies can decide whether to allow this type of usage by pedicab customers. Other jurisdictions allow public consumption by passengers of pedicabs as an excursion similar to other types of alcohol tasting events or as part of traveling to and from businesses that serve alcohol. This usage has proven popular in some jurisdictions.

Under state requirements, when alcohol consumption is allowed there must be a separate safety monitor and operator on the pedicab employed by pedicab owner. In addition, no passengers under the age of 21 are allowed on the pedicab during rides where alcohol is permitted. Pedicab employees must also complete designated state training on alcohol and drugs. The pedicab operator is not permitted to provide alcohol, passengers must supply their own and the beverages must be sealed and unopened prior to consumption on the pedicab.

At this time, staff would recommend the Council not direct staff to include provisions that would allow the consumption of alcohol by passengers riding in pedicabs. However, if the Council determines the usage to be reasonable, the City Council can direct staff to draft language that may permit the consumption of alcohol by passengers riding in pedicabs. The provisions allowing alcohol consumption can be removed by City Council prior to adoption and reconsidered at a later time if desire.

Fiscal Impact:

A cost recovery fee would be imposed as part of the licensing process to recover staff time spent conducting background reviews and vehicle inspections.

Prior Council Action: On August 21, 2023, City staff presented a work session item on consideration and direction on initiating a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia.

Other: N/A
Alternatives: The City Council, in lieu of the recommendations provided, may direct staff to consider the following: Receive the staff report and take no further action at this time.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to begin drafting a Pedicab Ordinance based on the City Council’s desired Visalia City Council Page 4 of 5 Printed on 11/3/2023
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File #: 23-0431 Agenda Date: 11/6/2023 Agenda #: 3.
options as identified in the staff report and during the work session presentation.

Environmental Assessment Status: The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Furthermore, even if the ordinance were to be determined to be a project, the ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the resolution or its implementation would have a significant effect on the environment.

CEQA Review: The requested action is not a “project” under CEQA.

Attachments: N/A
Visalia City Council Page 5 of 5 Printed on 11/3/2023
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PEDICAB ORDINANCE
November 6, 2023 CITY of Visalia
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Pedicab Discussion & Potential Direction
• On August 21, 2023, staff presented work session item regarding consideration & direction on a code update to regulate the use of pedicabs. • During overview of item Council raised concerns regarding public outreach. • Council directed staff to do public outreach and return with input received from interest groups/stakeholders.
• This report is an update on public engagement and request to seek direction on a potential ordinance.
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Public Outreach Meeting
• On September 19, 2023, City staff held a meeting with stakeholders/downtown businesses owners.
• Public meeting covered two items: Pedicabs & Special Events. • 14 people signed the Pedicab sign in sheet.
• Groups represented included Visalia Chamber, Downtown Visalians, Visalia Fox Theater, Rookies, The Salad Shop etc.
• Attendees were provided an overview of the pedicab use/request. • Attendees supported request based on information provided. 3 31
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Questions Asked at Public Outreach Meeting
• Can minors ride on a pedicab?
• There are no age restrictions under state law except that no riders under the age of 21 are allowed if a pedicab allows alcohol consumption on a ride. • Per the proposed owner who intends to be present during the work session there is no minimum age but there is a minimum height requirement, which staff believes is related to the proposed vehicle the owner’s proposed business would use. • Will they be allowed to pick up and drop off in the roadway? • State law does not allow pick up or drop offs on roadways • The city can further regulate through an ordinance where pick ups and drops offs can occur.

Staff would propose requiring business owners identify where pick ups and drop offs will occur and prevent them from occurring in public parking lots to reduce impacts to vehicle traffic.
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Definition of a Pedicab
Vehicle Code 467.5
“Pedicab” means any of the following:
(a) A bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. (b) A bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. 5 33
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• Operators must be 21 years-old.
• Pedicab must be equipped with seats,
brakes, headlights, grab rails, and annual
inspections.
• Business must maintain liability insurance.
• Pedicabs are not allowed on streets with
speed limits in excess of 30 miles per hour.
• Operators may not load or unload on
roadways.

VEHICLE CODE
21215-21515.5
6 STATE LAW REQUIREMENTS
34 CITY
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VEHICLE CODE
21215-21515.5

STAFF RECOMMENDATIONS
• Background Investigations.
• Pedicab Inspections.
• Route Requirements and Stopping Points.
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VEHICLE CODE
21215-21515.5

ALCOHOL CONSUMPTION (STATE REQUIREMENTS)
• Local Agency May Allow by Ordinance and impose additional restrictions
• Operator MUST obtain State training on alcohol and drugs. • Operator may NOT provide alcohol.
• Passengers MUST supply their own alcohol (unopened prior to boarding).
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Consideration on Direction for a
Pedicab Ordinance
• If it’s the desire of the City Council, staff can be directed to begin drafting a pedicab ordinance to allow and regulate pedicab usage within Visalia. • Council can further direct specific requirements be included to address this use within Visalia.
• The draft ordinance can be shared with the community for public input prior to being presented to the Council.
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Potential Ordinance Contents
• Permit Issuance – owner/driver requirements to obtain business license • Vehicle Requirements – detail specific requirements for vehicles to operate • Route Requirements – require specific routes be identified with pick up/ drop off locations
• Alcohol consumption not recommended but could be allowed. 10 38
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Permit Requirements
• Ordinance can detail permit requirements including:
• Valid business tax certificate & pedicab permit that must be renewed annually.
• Require a pedicab decal be placed on the pedicab.
• Permit is the property of the City and not transferable. 11 39
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Permit Requirements (Cont.)
• Proof of insurance.
• Indemnification requirement to hold City harmless in addition to required liability insurance.
• Establish background requirements for owners, operators, and drivers of pedicab.
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Vehicle Requirements
• Meet the CA Vehicle Code requirements.
• Prior to operation, inspection of pedicab must be completed. • Cannot impede or block normal traffic patterns when in use. • Safety requirements including seatbelts, headlights, signal lights, etc. 13 41
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Route Requirements
• Requirement to have owner submit an operations route
• Alternatively, areas within city could be designated as available. • Include process for approving temporary or special event routes. • Identify pick-up/drop-off locations on route, again not required under state law but staff proposes review to confirm locations to minimize traffic impacts.
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Consideration of Consumption of Alcohol
• State law allows local agencies to decide whether to allow alcohol consumption by pedicab passengers.
• Staff is not recommending to include allowance for alcohol as part of the ordinance.
• If council directs staff to explore this option further a draft ordinance allowing the usage with regulations could be prepared for further review. 15 43
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ENFORCEMENT
Traffic violations will be enforced by the Visalia Police Department.

Business violations will be enforced by City of Visalia Code Enforcement.
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Thank You

COMMENTS/
QUESTIONS?
17 45
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0226 Agenda Date: 11/6/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 11/3/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0414 Agenda Date: 11/6/2023 Agenda #: 2.

Agenda Item Wording:

Appoint Jerome Melgar to fill an unexpired term on the Historic Preservation Advisory Committee.

Deadline for Action: 11/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Walter Deissler, Chairperson, Historic Preservation Advisory Committee Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, 713-4025 [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council accept the recommendation of the Historic Preservation Advisory Committee (HPAC) and appoint Jerome Melgar to the Committee to fill an unexpired term which will complete the remaining term of former Committee member Michael Kreps, beginning November 6, 2023, and ending June 30, 2024.

Summary:

The HPAC currently has six seated members out of seven available positions. The appointment of Jerome Melgar will provide the Committee with a fully seated seven-member panel, which will continue to pursue its mission to protect historical resources in the City of Visalia.

Background Discussion:

The HPAC is a seven-member committee which administers the Historic Preservation Ordinance and encourages property owners to maintain the historic character of their properties. The Committee meets on the second and fourth Wednesdays of the month.

The HPAC currently operates with six active members. The HPAC is currently working on a survey of the Historic District and adjacent areas. Appointment of Jerome Melgar will restore the HPAC to a fully seated membership, providing additional assistance to bring the Historic District survey project to completion.

Jerome Melgar is an insurance broker with Primelink Insurance and has resided in Visalia for 17 years. Originally from the Los Angeles area, Mr. Melgar studied for a time at Los Angeles City College. Mr. Melgar has a strong interest in historic homes and is active as a member of Visalia Heritage, a local historical group. Recently, Mr. Melgar has volunteered a significant amount of time assisting the HPAC with the Historic District Survey Project, conducting site visits, documenting conditions, and occasionally conversing with homeowners in the historic district. Mr. Melgar’s other Visalia City Council Page 1 of 2 Printed on 11/3/2023
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File #: 23-0414 Agenda Date: 11/6/2023 Agenda #: 2.
interests include being a “foodie” and volunteering with the Sierra Baptist Church.

The current HPAC membership is as follows:

1. Walter Deissler, Chair - 2nd term

2. Tyler Davis, Vice-Chair - 2nd term

3. Patricia Kane - 3rd term

4. Jay Hohlbauch - 2nd term

5. Jordan Mulrooney - 1st term

6. Karen Ayala - 1st term

7. Vacant (previously filled by Michael Kreps, whose 3rd term was to run from July 1, 2022, to June 30, 2024).

Due to recent changes made by the City Council, alternates positions are no longer available.

Fiscal Impact: None.

Prior Council Action:

On June 19, 2023, the City Council took the following actions:
· Appointed Karen Ayala to the HPAC for a first two-year term beginning July 1, 2023, and ending June 30, 2025;
· Reappointed Walter Deissler to the HPAC for a second two-year term beginning July 1, 2023, and ending June 30, 2025; and
· Reappointed Jay Hohlbauch to the HPAC for a second two-year term beginning July 1, 2023, and ending June 30, 2025.

Alternatives:

The City Council may direct staff to initiate the recruitment process for Historic Preservation Advisory Committee members immediately.

Recommended Motion (and Alternative Motions if expected):

I move to appoint Jerome Melgar to fill an unexpired term beginning November 6, 2023, and ending June 30, 2024.

CEQA Review:

No environmental review is required for Committee appointments.

Attachments:

1. Historic Preservation Advisory Committee - 2023 Meeting Attendance

2. City of Visalia Committee and Commissions Handbook

3. Jerome Melgar Committee Application
Visalia City Council Page 2 of 2 Printed on 11/3/2023
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49 1

CITY OF VISALIA

COMMITTEES
AND

COMMISSIONS

HANDBOOK
“A Guide for Community Volunteers”
50 2
Table of Contents
INTRODUCTION ........................................................................................................................................ 3 THE COMMITTEE AND COMMISSION’S ROLE, AUTHORITY AND RESPONSIBILITIES............ 4 COMMITTEE AND COMMISSION GUIDELINES.................................................................................. 5 Formation of a new Committee or Commission by the City Council........................................................5 Appointment of Citizens to Committees/Commissions.............................................................................5 Eligibility ...................................................................................................................................................6 Term Limits and Replacement Process......................................................................................................6 Attendance..................................................................................................................................................7 Compensation.............................................................................................................................................8 Removal .....................................................................................................................................................8 Meeting Notices.........................................................................................................................................8 ORGANIZATION ...................................................................................................................................... 10 Regular Meetings.....................................................................................................................................10 Adjourned Regular Meetings...................................................................................................................10 Special Meetings......................................................................................................................................10 Agenda .....................................................................................................................................................10 Minutes.....................................................................................................................................................10 Annual Reports ........................................................................................................................................11 Parliamentary Procedure ..........................................................................................................................11 Appointment of Officers..........................................................................................................................11 Role of the Chairperson and Vice Chairperson........................................................................................12 Role of the Secretary................................................................................................................................12 Role of the Members................................................................................................................................12 Role of the Alternate ................................................................................................................................12 Role of the Staff Representative ..............................................................................................................12 GUIDELINES FOR RELATIONS WITH OTHERS................................................................................. 14 Relations with Fellow Commission/Committee Members......................................................................14 Relations with Council.............................................................................................................................14 Relations with Staff..................................................................................................................................14 Relations with Media and Public Statements...........................................................................................14 LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS .................................................................... 15 APPLICATION FOR APPOINTMENT..................................................................................................... 17 51 3

INTRODUCTION
Dear Citizen,
This packet has been prepared to inform you of how you can be involved in local government through citizen advisory committees or commissions. It includes basic information about the purpose and responsibilities, qualifications for membership and how to apply for a city committee or commission.

By serving on a city advisory committee or commission, you can help plan Visalia's future. These committees and commissions are making recommendations that affect life in Visalia. It is important that prospective members understand the functions and responsibilities of membership before actively seeking appointment. A great deal of personal satisfaction can be received through public service, and the knowledge and experience gained will be invaluable to you.

If you are interested in serving on a committee or commission, please fill out the application included in this booklet. Feel free to include a resume or other information you feel would help the City Council to decide which committee or commission could best use your expertise. Information about specific vacancies is published annually by the City. For further information or additional application forms contact the City Clerk’s Office, 220 N. Santa Fe, Visalia, CA 93292 or call (559) 713-4512 or visit our website at www.visalia.city
We welcome your attendance at any of our committee or commission meetings. Please see a listing of all committees/commissions and their meeting schedules at the end of this document and feel free to contact the staff representative for further information.

The City Council also encourages your participation and involvement at City Council meetings. The City Council meets on the first and third Mondays at 7:00 p.m., located at the City Hall Council Chambers, 707 W. Acequia. The Council Members are as follows:

Steve Nelsen, Mayor
Brian Poochigian, Vice Mayor
Greg Collins, Council Member
Brett Taylor, Council Member
Liz Wynn, Council Member
We look forward to working with you to create a better Visalia.

Steve Nelsen, Mayor
City of Visalia
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THE COMMITTEE AND COMMISSION’S ROLE,

AUTHORITY AND RESPONSIBILITIES
The role of city committees and commissions is to advise the City Council in the determination of city policies and procedures. Committees/commissions facilitate public participation.

City committees and commissions are not involved in the administration or operation of city departments.

Committee/commission members may not direct administrative staff to initiate programs.

Committees/commissions may not conduct major studies or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance to committees/commissions.

Despite committees/commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to the specific committee or commission.

Appointment to a commission or committee is an honor. It provides an opportunity for genuine public service. Each commission or committee member should be aware of the responsibilities that go along with officially serving the community. The specific duties of each commission or committee vary with the purposes for which it was formed. There are, however, many responsibilities common to all members.

1. Understand the role and responsibility of the commission or committee on which you serve. Be informed of its functions, work programs and relationship with other commissions/committees.

2. Represent the overall public good, not the exclusive point of view of a single group or interest.

3. Keep all lines of communication open. Each member serves as a communication link between the community, the City Council and the staff.

4. Do your homework and be prepared. Commission and committee members should become familiar with items under consideration prior to meetings in order to be fully prepared to discuss, evaluate, and act on matters scheduled for consideration. Feel free to seek staff’s advice and assistance in advance of a meeting.

5. Establish a good working relationship with fellow members, the Council, and your staff representative.

6. Understand the scope and authority of your responsibility and strive to work within that scope.

7. Be a participant, an active representative and be enthusiastic.

8. Commission/committee members should not approve projects that violate adopted City policies.

These bodies make recommendations to the Council about exceptions to or recommendations to change existing policies when appropriate.
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COMMITTEE AND COMMISSION GUIDELINES
Formation of a new Committee or Commission by the City Council Unless otherwise stated by Council, a committee or commission shall be formed initially for a period of one year with time extended at the request of the committee/commission and concurrence of the Council.

After a one-year evaluation and if the committee/commission is to continue, the length of terms will be increased, and the expiration of terms will be staggered.

A newly formed committee or commission will be convened by the city staff representative, and each committee/commission will elect a chairperson, a vice-chairperson, and a secretary once the members feel sufficiently acquainted with each other.

A staff representative will be assigned by the City Manager to work with each committee/commission to prepare agendas, keep minutes and furnish assistance.

The size of commissions and committees may vary from 5 to 15 members and is set for each body by the City Council. A committee or commission may decide that it is in the best interest of the committee/commission to modify the number of its members and may recommend a change to the Citizens Advisory Committee. After the Citizens Advisory Committee receives a recommendation from the committee/commission along with reason(s), a recommendation to modify the number of members will be made to the City Council.

Each Committee or Commission should have a mission statement. Ex: “It is the mission of the Citizens Advisory Committee to act as a liaison between the general public and the City Council concerning community issues.”
Commissions are provided for in the City of Visalia’s Charter and the duties of the Commissions are contained in the City’s Municipal Code. The formation of a new Commission requires a Charter Amendment. Revision to Commission duties and responsibilities require an Ordinance change.

Appointment of Citizens to Committees/Commissions
All appointments and reappointments require formal action of the Council. Every committee/commission serves in an advisory capacity to the City Council.

Names to be considered for appointment will be recommended to the Council by the respective committee or commission. The Council may choose, however, to fill some positions in other manners as needed.

Persons in the community wanting to serve on an advisory committee/commission should submit their name and resume to the City Clerk’s Office (a standard application form is available and included in this handbook). The City Clerk will annually publish a notice of the process and procedure to be followed by individuals wanting to serve the City.
54 6
Applications will be kept on file for a period of two years. Applicants will be contacted one year after they file their application to ensure their continued interest in serving on a City committee or commission.

Eligibility
City advisory committees/commissions will reflect, to the extent possible, the community's geographic, ethnic, gender and age composition.

Appointees to committees/commissions should be 18 years of age or older, and live or work within the urban area of Visalia as defined by Visalia Unified School District’s boundary map. First consideration will be given to residents of the City of Visalia. Individuals under the age of 18 who indicate they are interested in participating are encouraged to attend meetings and participate as a member of the public.

Additional requirements may be applicable to a specific Committee or Commission.

No person should serve on more than one committee or commission at one time as a regular member or as an alternate. However, individuals with unique qualifications may be asked to serve on an additional committee/commission by the City Council.

Immediate family members may not concurrently serve on the same committee or commission; however, family members are encouraged to serve on different committees/commissions.

Employees of the City of Visalia may not serve on any committee/commission other than as a staff representative. Employees of companies who do business with the City of Visalia are encouraged to serve on committees/commissions other than those where the actions of the committee/commission may directly benefit the work of the member’s employer.

In accordance with Government Code Section 87200, planning commissioners are mandated to file Fair Political Practices Commission Form 700 Statement of Economic Interests upon assuming office, annually, and upon leaving office.

Government Code Section 53235 (AB 1234) requires that planning commissioners complete required ethics training within one year of assuming office and every two years thereafter.

Term Limits and Replacement Process
Term length for all members of Committees/Commissions is standardized to two-year terms. All terms begin on July 1
st and end on June 30th
.

Each committee member may serve three (3) two-year terms (for a total of six years). After serving for six years on a committee, a person must remain off for one year before reapplying to that same committee.

This does not prohibit the person from immediately applying to a different committee or commission.

Each commissioner (Planning and Parks and Recreation Commissions) may serve four (4) two-year terms (for a total of eight years). After serving for eight years on a commission, a person must remain off for one year before reapplying to that same commission. This does not prohibit the person from immediately applying to a different commission or committee.
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Because member turnover may periodically cause some difficulty in obtaining a quorum, a member’s term may be temporarily extended for an additional six months by the committee.

Appropriate recognition will be made of services when a term is completed, and a member leaves a committee or commission. This recognition will be made by the committee/commission with the help of the staff representative.

Scheduled Vacancies: To comply with the Maddy Act, on or before December 31st of each year, the City Clerk’s Office publishes the Local Appointment List informing the public of all scheduled vacancies for the upcoming year. The list is posted on the City’s website, at all City Hall posting boards, and at the public library.

Resignations: Members resigning from a committee or commission should submit a letter of resignation to the Mayor, City Clerk and the secretary of their committee or commission.

Reappointments: When a member is eligible for another term, the committee/commission will present a recommendation to the City Council asking for reappointment of the member. Reappointments are not automatic; the City Council makes the final determination on all appointments and reappointments.

Unscheduled Vacancies: The public will be informed regarding all unscheduled vacancies within 20 days after the vacancy occurs and at least 10 days before the vacancy is filled. Postings of unscheduled vacancies will be made by the City Clerk’s office by posting the vacancy on the City’s website, on the City Hall posting boards, the public library, through a press release, and an announcement included in the Inside City Hall newsletter.

Filling Unscheduled Vacancies with Alternates: For committees/commissions with membership under 12, a maximum of two (2) alternates may be, but are not required to be, appointed to a committee/commission by the Council and designated as alternate 1 and alternate 2. For committees/commissions with memberships of 12 or more, a maximum of four (4) alternates may be appointed and designated alternates 1, 2, 3, 4.

Once appointed as an alternate, the advance process can occur automatically, without any further confirmation by the Council, unless the Council specifically asks for a position to be brought before them for consideration. When an unscheduled vacancy occurs, alternate 1 may automatically advance to the voting position, and alternate 2 will become alternate 1. If an alternate serves more than half of an unexpired term, it will be considered a full term. If a committee/commission prefers to recommend a different approach to filling unscheduled vacancies with alternates, Council approval must be obtained.

Alternates do not automatically advance to a voting position at the end of a member’s term. When a term ends, the alternates and all other applicants are to be considered for appointment to the committee/commission and recommended to the City Council for final appointment.

Attendance
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Advisory body members are expected to attend meetings regularly. Conscientious attendance is a fundamental responsibility, as irregular attendance lessens one’s ability to study all aspects of items under consideration. It is important to notify staff of any absences for the purposes of determining a quorum.

Members are required to notify the staff liaison no later than 24 hours prior to any regular meeting of his/her intent not to attend said meeting.

Excessive absenteeism, which is defined to mean missing three consecutive regular meetings or four regular meetings in a 12-month period, shall constitute resignation of the member and the member shall be considered removed from the advisory body. In the event a meeting is cancelled because of a lack of quorum, the member(s) whose lack of attendance caused the cancellation will be counted, even though no meeting occurred.

Tardiness and early departure of more than 30 minutes in a meeting is considered an absence.

A Council sub-committee, comprised of the Mayor and Vice Mayor, may grant an exemption to the attendance policy or approve an extended leave of absence for members of City Committees/Commissions, based on individual circumstances.

The attendance policy becomes effective April 1, 2012, and April 2012 begins the first month in the 12- month attendance counting period.

Compensation
The members of the Planning Commission receive a $100 monthly stipend and paid conferences and training. Planning Commissioners do not receive city health benefits.

All other committee and commission members receive no compensation, stipend or benefits of any kind.

Actual and necessary expenditures incurred by members, while engaged in official commission or committee business, may be reimbursed to said members, provided such expenditures have been previously approved by the department head responsible for staffing the commission or committee.

Planning Commissioners and Parks and Recreation Commissioners will be provided business cards at the city’s expense at the request of the member. This is not available to committee members.

Removal
Commissioners and Committee members may be removed from office, upon the recommendation of any member of the City Council, and with the concurrence of a majority of the City Council, for breach of duty, for conduct unbecoming a public official of the city, for violation of the city’s code of ethics, or for any cause deemed warranted by a majority of the City Council.

Meeting Notices
Effective January 1, 2012, each Committee/Commission will provide notice of each meeting, including 57 9
special meetings, on the City’s web site. Committee/commission members, media representatives and any other interested persons who so requests will be notified in advance of time and place of each meeting. Meetings are open to the public and must follow the posting guidelines of the Brown Act.

The City Council is to receive all notices of meetings, agendas and minutes.

These guidelines may be waived or changed at the discretion of the Council. The Council has the discretion to make appointments outside of this stated policy. Statutory committees and commissions are separate from these guidelines to the degree required by State Law, City Charter or Ordinance Code. 58 10

ORGANIZATION
Regular Meetings
Regular meetings are held for most of the city’s committees and commissions. An exception would be committees that meet as needed or “on-call” or committees that convene on an occasional basis.

Agendas of all regular meetings must be posted for public review at least 72 hours prior to the meeting.

The official posting place of agendas is at City Hall West (707 W. Acequia), and the city’s web page www.visalia.city . Notices may also be posted at City Hall East (315 E. Acequia) or Administration (220 N.

Santa Fe)
Adjourned Regular Meetings
If for any reason the business to be considered at the regular meeting cannot be completed, the committee or commission may then adjourn to a specified time and location. A notice announcing the adjournment must be posted within twenty-four hours after the time of adjournment.

Special Meetings
If it is necessary to meet at a time or date that is not the regular meeting schedule, a Special Meeting may be called by the advisory body. A Special Meeting may also be called in order to discuss an important issue that needs to be addressed immediately. Notice of special meetings must be received by members and posted at City Hall and on the City’s web page at least 24 hours in advance of the meeting. Only the business set forth in the agenda may be considered at the meeting.

Agenda
At least 72 hours before a regular meeting, an agenda shall be publicly posted which specifies the time and location of the meeting and contains a brief general description of each item of business to be transacted or discussed at the meeting.

Minutes
Minutes of all meetings must be kept as a permanent record by the committee/commission’s staff representative. The minutes should be taken and prepared by the committee/commission’s secretary with the assistance of the staff representative. Written minutes, upon approval by the committee or commission, constitute the official record of its activities. Additions and correction of the minutes may be made only in public meetings, with the approval of the body, and not by the private request of individual members. Minutes are not verbatim but are instead, action minutes, which record the essence of the decision made and significant action taken.
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Annual Reports
Each Committee and Commission shall submit an annual report to the City Council. The annual report should include the number of meetings held, approximate number of citizens attending, accomplishments for the year, goals for the next year, and any other significant areas of which the Council should be aware.

Parliamentary Procedure
In order for a commission/committee to meet, conduct business and take action, a quorum must be present. A quorum is generally defined as a majority (one more than half) of appointed members to the particular advisory body. Meetings of commission/committees are generally operated according to parliamentary procedure using Roberts Rules of Order as a guideline. Each body may establish additional rules, limit debate and eject unruly persons if necessary.

The use of Parliamentary Procedure…
➢ Promotes cooperation and harmony so that people can work together more effectively to accomplish their goals.
➢ Guarantees each individual an equal right to propose motions, speak, ask questions and vote. ➢ Protects the rights of minority points of view and gives the minority the same consideration and respect as those in the majority.
➢ Encourages the full and free discussion of every motion presented. ➢ Ensures that the meeting is fair and conducted in good faith.

Commission/committee action is taken by motion. Motions go through the following general steps:

1. The member making the motion asks to be recognized by the chair;

2. The member makes the motion… “I move…”;

3. Another member seconds the motion (if there is no second, the motion dies and is not voted upon);

4. The chairperson states the motion or if he is not clear asks the member making the motion to re-state the motion;

5. The chairperson asks if there is any discussion on the motion;

6. When the chairperson determines that there is no more discussion on the motion, the debate is closed;

7. The chairperson puts the motion to a vote.

The vote on a motion may take the form of “all in favor” so state, “all opposed” so state, which is called a commission/committee vote. If members prefer, the vote may take the form of a voice or roll call vote.

The Brown Act prohibits voting or taking action by secret ballot.

Appointment of Officers
Annually, each Committee/Commission shall elect a Chairperson, Vice Chairperson, and Secretary from their members. Commissions may have a staff person appointed as secretary. 60 12
Role of the Chairperson and Vice Chairperson
During meetings, the chairperson is responsible for overseeing the public debate in a manner that encourages input while facilitating the decision-making process.

The chairperson should limit the discussion and debate to the particular scope of responsibility of the group and should ensure that all individuals have the opportunity to speak. The chairperson should expedite the business of the commission/committee by making sure that the discussion does not go offtrack or bog down on peripheral issues.

In the event that the chairperson is not present at the meeting, the meeting will be chaired by the vicechairperson and all duties of the chairperson will transfer to the vice-chair during the chairperson’s absence.

Role of the Secretary
The secretary is responsible for recording the actions at the meeting and keeping the attendance record of the advisory body. A staff person may assist with this duty, if needed. The secretary should prepare the action minutes as soon after the meeting as possible and review them with the staff person prior to submitting to the committee for approval. The staff person is the “keeper” of the committee’s agendas, action minutes and attendance records.

Role of the Members
The committee/commission members serve as the “workers” by providing ideas, suggestions, and perspectives that may not have been considered by the City Council, chairperson and staff.

Role of the Alternate
Alternates are not regular members of the committee or commission, and while encouraged to attend, they are not voting members and should not be accorded the same rights and privileges as voting members.

Role of the Staff Representative
The City Manager appoints staff representatives to serve each of the committees and commissions. The staff representative provides information, support services and facilitates communication between the committee, the City Council and city management.

The duties of the staff representative shall include:

1. Reserve and prepare a meeting location that is available to the general public and accessible to the handicapped throughout the entire meeting.
61 13

2. Secure the location when the meeting is completed.

3. Assure that the committee/commission maintains the established meeting schedule.

4. Monitor the committee/commission membership and assist members in filling open positions, notifying the City Clerk’s Office promptly when an unscheduled vacancy occurs and when an alternate is promoted to regular member status.

5. Act as a resource for questions or inquiries generated by members of the committee or commission.

6. Act as liaison between the committee/commission and the City of Visalia.

7. Make proper meeting notifications, in accordance with the Brown Act, and make certain that all meetings are conducted in accordance with all laws.

8. Make certain that all documents related to the committee/commission are current and reflect the present operational status of the committee or commission.

9. Assist the Secretary in preparation of the action minutes; the staff person is the official “keeper” of the agendas, back-up materials, and action minutes

10. Oversee preparation and presentation of the required year-end summary to the City Council.

11. Perform other duties as assigned by the City Manager, Department Head or City Council.

12. Maintain a list of terms of the committee/commission members. 62 14

GUIDELINES FOR RELATIONS WITH OTHERS
Relations with Fellow Commission/Committee Members
Cooperation among fellow commission/committee members plays an important role in the successful efforts of these groups. In order to build consensus around common goals and objectives, members should first show a willingness to objectively define the issues at hand and then work to reconcile opposing viewpoints. When commissioners/committee members interact positively, the group as a whole will be more effective. Important points to keep in mind in working with other commission/committee members:

1. Respect an individual’s viewpoint even though it may be different from your own;

2. Allow other members adequate time to present their view before making comments;

3. Be open and honest;

4. Welcome new commission/committee members and help them become acquainted with the commission/committee.

5. Accept responsibility, voice opinions and be fair and factual.

Relations with Council
The primary responsibility of commissions/committees is to advise and make recommendations to the Council. It is the Council’s role to absorb the advice and recommendations offered by numerous sources and to make decisions to the best of its ability. Because the Council is in such a position to see the broader context and is aware of other concerns, it may not always follow the recommendation offered by individual commissions/committees.

Relations with Staff
The staff representative’s role is valuable to the success of the commission/committee. They do research and provide relevant information that enhances a commission/committee’s ability to get things done. Staff is available to answer questions and follow-up on items brought before the commission/committee.

However, members should be aware that the staff representatives are there as liaisons, assisting the members of the commission/committee by gathering information when needed or requested, submitting recommendations of the commission/committee to the Council, etc. Staff representatives must sustain a balance between their role as a liaison and as a city employee. Commission/committee members must be sensitive to the unique and vital relationships that staff representatives must maintain.

Relations with Media and Public Statements
Commissioners and Committee members should not make public statements as a spokesperson for the City of Visalia or of their particular committee/commission. Any statement made reflects the opinion of that particular member only. Any inquiries regarding city committees or commission matters should be referred to the staff representative and/or the Community Relations Manager. 63 15

LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Citizens Advisory
Committee
11 members Held the first
Wednesday of each
month at 5:30 p.m. at
City Administration
220 N. Santa Fe
Acts as a liaison
between the general
public and the City
Council concerning
community issues.

Jason Serpa
713-4533
Luma Fahoum
713-4103
Historic Preservation
Committee
7 members Held the second and
fourth Wednesdays at
5:30 p.m. at City
Administration 220
N. Santa Fe
Administers and
carries out standards
and specifications of
the Historic
Preservation
Ordinance. Promotes
historic preservation
including
encouraging building
owners to initiate
preservation efforts.

Develops funding
and/or incentive
options, conducts
tours, and oversees
building
identification.

Cristobal Carrillo
713-4443
Park and Recreation
Commission
5 members Held the second
Tuesday of each
month at 5:30 p.m., at
City Hall Council
Chambers
707 W. Acequia
Advises the City
Council and City
staff in matters
pertaining to parks,
playgrounds and
recreation centers.

Laurissa
Roggenkamp
713-4042
Planning
Commission
5 members Held the second and
fourth Monday of
each month at 7:00
p.m., at the City Hall
Council Chambers
707 W. Acequia
Makes recommendations to the City
Council concerning
land use, building and
subdivisions,
administers the
Zoning Ordinance
and handles matters
that affect the growth
and development of
Visalia
Paul Bernal
713-4025
64 16
The following Boards have city appointees:

Committee/
Commission
Composition Regular Meetings Summary Staff Representative Delta Vector Control
Board
1 City representative On call. Monitors, controls
abate and otherwise
controls animals
which carry diseases
Leslie Caviglia
713-4332
Tulare Mosquito
Abatement District
Board
1 City appointee On call As a political
subdivision of the
State of California,
the district monitors,
inspects, abates and
otherwise controls
insects which carry
transmittable diseases
Visalia Civic
Facilities Authority
2 City appointees Obligated to meet
once a year.

Serves as the
governing body for
matters pertaining to
the Convention
Center, the L.J.

William’s Theater
and the Rotary
Theater. The
authority acquires
constructs, manages,
maintains, operates
and leases buildings.

Visalia Unified
School District lead
agency
Members of Committees may serve up to three (3) two-year terms (maximum 6 years) Members of Commissions may serve up to four (4) two-year terms (maximum 8 years) 65 17

CITY OF VISALIA

APPLICATION FOR APPOINTMENT

TO CITY BOARD, COMMITTEE OR COMMISSION
Name of Board, Committee or Commission
Name _______________________________________________________________________________ Mailing/ _______________________________________________________________________________ Address ________________________________________________ Residence Phone _____________ __________________________ Zip Code ___________ Work Phone _________________ Email ________________________________________________ Facsimile ___________________ Resident of Visalia for _________ years Visalia Registered Voter: Yes __________ No __________ NOTE: Of the contact information provided, please indicate with an asterisk “*” which is the best way to reach you.

TRAINING, EXPERIENCE and/or EDUCATION:
_____________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _________________________________________________________________________________ _____________________________________________________________________________________

SCHOOL MAJOR GRADUATION DATE & DEGREE
Additional Pertinent Skills, Experience or Interests: ___________________________________________ ______________________________________________________________________________________ Community activities in which you are involved: ___________________________________________ ______________________________________________________________________________________ Current or prior service on a City Board, Committee or Commission: _________________________ 66 18
Employment Information:

Present Occupation:
______________________________________________________________________________________ __
Name of Firm: ___________________________________________________________ Address: ________________________________________________________________ Phone: ________________________________________________________________ Rules of law and ethics prohibit members from participating in and voting on matters in which they have a direct or indirect conflict of interest including a financial interest. Are you aware of any potential conflicts of interest which may develop from your occupation or financial holdings in relation to your responsibilities as a member of the Board, Committee or Commission to which you seek appointment?
(If yes, please explain in detail any potential conflicts) YES ___________ NO _____________
(If you should have any questions about this matter or need further information as it relates to your situation, please advise the City Clerk’s Office prior to submitting your application.)
______________________________________________________________________________________ 67 19
FIRST choice for Board/Committee/Commission appointment: ___________________ SECOND choice for Board/Committee/Commission appointment: __________________ _________________
THIRD choice for Board/Committee/Commission appointment: ___________________ Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.

What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.

What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.

What are your goals in serving on this
Board/Committee/Commission?
68 20
When completed mail/submit original to: Office of the City Clerk – City of Visalia
220 N. Santa Fe St.

Visalia, California 93292
[email protected]

ON OCCASION, BOARD/COMMITTEE/COMMISSION MEMBERS, CITY STAFF, AND/OR THE

PUBLIC MAY HAVE NEED TO COMMUNICATE WITH YOU, PLEASE BE SURE TO NOTE ON YOUR APPLICATION THE BEST WAY TO CONTACT YOU (i.e., mailing address, phone number, or email address.)
I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
_______________________________________________ ____________________________ Signature of Applicant Date
The following information will be used for statistical purposes only. This information is requested on a voluntary basis. If you have questions regarding this request, please contact the City Clerk’s Office. Your application will be processed whether or not you complete these questions. Thank you for your assistance. Male Female
Ethnic Category: check all categories that apply:
White
(The category “White” includes White, Anglo-Saxons, Europeans, and person of Indo-European, North Africa or Middle Eastern origin.)
Black
(The category “Black” includes Blacks, Afro-Americans, and persons of Jamaican, Trinidadian, and West Indian descent.)
Hispanic
(The category “Hispanic” includes Mexican, Chicano, Latino, and all persons of Puerto Rican, Cuban Central or South American or Spanish descent.)
American Indian
(The category “American Indian” includes persons who identify themselves, or a re known as such, by virtue of tribal associations, including Alaskan Native.) Asian
(The category “Asian” includes Asian-Americans and persons of Japanese, Chinese, Korean, Filipino descent, Pacific Islanders and Vietnamese.)
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in the evaluation of your application.
69 70
71 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0432 Agenda Date: 11/6/2023 Agenda #: 3.

Agenda Item Wording:

Accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consists of months July, August, and September of 2023.

Deadline for Action: 11/6/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jason Montgomery, 4425
Department Recommendation:

Staff recommends that Council accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consists of months July, August, and September of 2023.

Background Discussion:

The City accumulates significant cash assets before they are spent on a variety of governmental operations. For example, several large capital projects have accumulated substantial cash as they approach the start of the projects in the near future, or in some cases, have already begun. Some of these projects are the Fire Station 56, downtown street light project, cape seal of various streets and the major rehab of Caldwell Avenue from Akers to Shady and Santa Fe to Lovers Lane. Some examples of large projects that cash has been accumulated for that have not started are the Civic Center Phase 2 project, and any potential mandated upgrades to the Water Reclamation Facility.

The quarterly investment report is intended to inform the City Council and community about the status of City investments and holds staff accountable for the investment and management of these funds.

City Investment Policy
The City’s investments are diversified by the various maturities and credit types which are allowed under the City’s Investment Policy and California Government Code Section 53600 et seq. It is the policy of the City to invest public funds in a manner which will provide the greatest security with the maximum investment return while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds.

The City continues to be conservative and prudent with the investment objectives, which in order of priority is safety, liquidity, and yield, while maintaining compliance with federal, state, and local laws and regulations. These investments will enable the City to meet expenditure requirements for the next six months, as required by state law.

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File #: 23-0432 Agenda Date: 11/6/2023 Agenda #: 3.

Economic Outlook
At September 30, 2023, the national unemployment rate was at 3.8%. The Consumer Price Index was at 3.70%, an increase from the June 2023 rate of 2.97%. At its September 20, 2023 meeting, the Federal Open Market Committee (FOMC) kept the Federal Funds Rate (the rate at which institutions borrow and lend overnight funds to each other) at the current range of 5.25% to 5.50%.

Investors are optimistic that the FOMC has finally reached the end of their rate hikes, however, projections released by the FOMC indicate one more increase by the end of 2023.

Movements of the Federal Funds Rate are closely linked to Treasury Security rates; as the Federal Funds Rate increases, typically so do Treasury Security rates. Treasury Securities are investments that the City can purchase and are key benchmarks for other financial assets that the City can purchase (i.e.: Federal Agency’s). Table I shows the rate comparison of the Federal Funds Rate and short term Treasury Securities between the fourth quarter of the fiscal year 2022-23 and the first quarter of the fiscal year 2023-24 as well as some more recent rates. Rates have continued to increase across all maturity levels. The City remains laddered across all maturities.

June 2023
(4th Quarter-FY22/23)
Septmeber 2023
(1st Quarter-FY23/24) October 27, 2023
Federal Funds Rate 5.00% - 5.25% 5.25% - 5.50% 5.25% - 5.50% 6 month Treasury 5.38% 5.51% 5.50%
1 year Treasury 5.39% 5.46% 5.39%
2 year Treasury 4.90% 5.05% 5.01%
3 year Treasury 4.53% 4.81% 4.85%
4 year Treasury 4.34% 4.71% 4.81%
5 year Treasury 4.16% 4.61% 4.77%
Table I
Portfolio Performance
The September 30, 2023 investment portfolio managed balance was $519,258,867.

The earnings rate as of September 30, 2023 was 3.04%. Key benchmarks and performance statistics for the City’s portfolio are shown in Table II, Managed Portfolio Performance Statistics.

Table II: Managed Portfolio Performance Statistics (dollars in millions) The following Charts I and II show the portfolio ladder and distribution as of September 30, 2023.

The portfolio ladder (Chart I - Maturity Ladder) shows our investments based on when they are to mature (ie. 1 year and under, 1-2 years, 2-3 years, etc…). The City invests in different maturity dates to take advantage of different earnings rates (usually the longer the maturity, the higher the earning Visalia City Council Page 2 of 5 Printed on 11/3/2023
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File #: 23-0432 Agenda Date: 11/6/2023 Agenda #: 3.
to take advantage of different earnings rates (usually the longer the maturity, the higher the earning rate) as well as to spread out maturities so that the proceeds are reinvested at regular intervals. In addition, the City will keep funds needed for operating costs in short term maturities, while investing funds in longer term maturities for those funds that are not yet needed (future projects). Chart II - Maturity Distribution shows what percent each maturity level is of the total investment portfolio.

Chart I
Maturity Ladder
· Note: Percent above each bar represents the average interest earnings rate for that maturity level Chart II
Maturity Distribution
Table III: 1st Quarter Investment Activity, shows investment activity for the quarter (July 2023 - September 2023).

Table III: 1st Quarter Investment Activity
Visalia City Council Page 3 of 5 Printed on 11/3/2023
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File #: 23-0432 Agenda Date: 11/6/2023 Agenda #: 3.

Fiscal Impact:
n/a
Prior Council Action: City of Visalia Cash and Investment Reports are reviewed and accepted quarterly.

Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):

Move to accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consist of months July, August, and September of 2023.

Environmental Assessment Status: n/a
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File #: 23-0432 Agenda Date: 11/6/2023 Agenda #: 3.

CEQA Review: n/a
Attachments: Attachment #1, City of Visalia Cash and Investment Summary Attachment #2, City of Visalia Investment Report by Maturity Date
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Attachment #1
% of
Security Investments Par Value Book Value Market Value Portfolio Yield Medium-Term Corporate Bonds $ 101,700,000 $ 96,714,995 $ 96,497,960 18.58% Agency's 186,946,000 180,931,840 180,992,077 34.86%
U.S. Treasury's 44,000,000 41,285,569 41,336,340 7.96%
Municipal Bonds 144,850,000 135,413,877 135,585,249 26.11% Total Security Investments $ 477,496,000 $ 454,346,281 $ 454,411,626 87.51% Other Investments
Local Agency Investment Fund (LAIF) $ 13,428,969 $ 13,428,969 $ 13,428,969 2.59% Local Agency Investment Fund (LAIF) - COVID 25,724,114 25,724,114 25,724,114 4.95% California Asset Management Program (CAMP) 14,440,181 14,440,181 14,440,181 2.78% California Asset Management Program (CAMP-TERM) 11,000,000 11,000,000 11,000,000 2.12% Local Bonds 253,977 253,977 253,977 0.05%
Total Other Investments $ 64,847,241 $ 64,847,241 $ 64,847,241 12.49% Total Investments $ 542,343,241 $ 519,193,522 $ 519,258,867 100.0% 3.04% Cash with Fiscal Agents
US Bank 2014 COP (Convention Center Refinancing) $ 2
US Bank 2015 COP (VECC Loan) 11,374
US Bank 2003 East Visalia RDA 283,074
Delta Dental (Dental Prefunding) 60,700
Keenan & Associates (Workers Comp Prefunding) 410,012
Total Cash with Fiscal Agents $ 765,162
Cash in Banks and Other Cash
Citizens Business Bank (Sweep and Operating)-estimate $ 3,536,157 Petty Cash - Various City Offices 14,150
Total Cash in Banks and Other Cash $ 3,550,307
Total Cash and Investments $ 523,574,336
City of Visalia
Cash and Investment Summary
Quarter Ended September 30, 2023
77 Attachment #2
Investments Type Par Value Book Value Market Value Coupon Yield % of
Portfoli
o Maturity
S&P/Moody's
Credit Rating
Days to
Maturity
U.S. Treasury Treasury $ 2,000,000.00 $ 1,975,700.00 $ 2,000,000.00 0.25% 0.26% 0.39% 09/30/23 Aaa 0 CA State Muni $ 2,000,000.00 $ 1,983,680.00 $ 2,000,000.00 2.25% 3.15% 0.39% 10/01/23 AA- 1 CA State Muni $ 2,500,000.00 $ 2,479,600.00 $ 2,500,000.00 2.25% 1.00% 0.48% 10/01/23 AA- 1 Federal Farm Credit Agency $ 3,000,000.00 $ 2,957,430.00 $ 2,995,740.00 0.29% 0.64% 0.58% 10/12/23 AA+ 12 Federal Home Loan Mortgage Corporation Agency $ 3,000,000.00 $ 2,953,890.00 $ 2,993,820.00 0.13% 0.46% 0.58% 10/16/23 AA+ 16 CA State Muni $ 1,500,000.00 $ 1,487,145.00 $ 1,496,925.00 3.00% 0.35% 0.29% 11/01/23 AA- 32 Federal Home Loan Mortgage Corporation Agency $ 3,000,000.00 $ 2,948,130.00 $ 2,985,420.00 0.25% 1.39% 0.57% 11/06/23 AA+ 37 Bristol-Myers Squibb Co. Corporate $ 3,000,000.00 $ 2,946,060.00 $ 2,982,450.00 0.54% 0.19% 0.57% 11/13/23 A+ 44 U.S. Treasury Treasury $ 2,000,000.00 $ 1,963,200.00 $ 1,987,620.00 0.25% 0.65% 0.38% 11/15/23 Aaa 46 Federal Farm Credit Agency $ 3,000,000.00 $ 2,943,240.00 $ 2,979,300.00 0.55% 0.75% 0.57% 11/24/23 AA+ 55 Federal National Mortgage Association Agency $ 2,200,000.00 $ 2,154,988.00 $ 2,182,906.00 0.25% 0.90% 0.42% 11/27/23 AA+ 58 U.S. Treasury Treasury $ 2,000,000.00 $ 1,960,620.00 $ 1,984,140.00 0.50% 0.66% 0.38% 11/30/23 Aaa 61 Sacramento County Sanatation District Muni $ 1,500,000.00 $ 1,470,435.00 $ 1,488,540.00 0.76% 2.75% 0.29% 12/01/23 AA+ 62 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,956,800.00 $ 1,982,280.00 0.25% 0.21% 0.38% 12/04/23 AA+ 65 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,983,480.00 $ 1,992,320.00 3.38% 2.68% 0.38% 12/08/23 AA+ 69 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,983,480.00 $ 1,992,320.00 3.38% 5.39% 0.38% 12/08/23 AA+ 69 U.S. Treasury Treasury $ 2,000,000.00 $ 1,954,540.00 $ 1,979,060.00 0.13% 0.67% 0.38% 12/15/23 Aaa 76 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,933,100.00 $ 2,967,960.00 0.63% 0.75% 0.57% 12/22/23 AA+ 83 U.S. Treasury Treasury $ 2,000,000.00 $ 1,974,060.00 $ 1,986,100.00 2.63% 0.68% 0.38% 12/31/23 Aaa 92 City of Oakland Muni $ 3,435,000.00 $ 3,363,517.65 $ 3,394,604.40 1.58% 1.56% 0.65% 01/15/24 AA+ 107 Bank of America Corporate $ 3,000,000.00 $ 2,973,900.00 $ 2,984,790.00 4.13% 0.44% 0.57% 01/22/24 A- 114 U.S. Bancorp Corporate $ 2,500,000.00 $ 2,468,300.00 $ 2,481,425.00 3.70% 1.32% 0.48% 01/30/24 A 122 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,964,580.00 $ 1,979,060.00 2.50% 1.76% 0.38% 02/05/24 AA+ 128 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,947,500.00 $ 2,966,700.00 2.50% 4.90% 0.57% 02/13/24 AA+ 136 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,965,000.00 $ 1,977,800.00 2.50% 4.90% 0.38% 02/13/24 AA+ 136 Federal Farm Credit Agency $ 2,000,000.00 $ 1,934,120.00 $ 1,958,900.00 0.25% 0.29% 0.38% 02/26/24 AA+ 149 Federal Farm Credit Agency $ 2,000,000.00 $ 1,944,580.00 $ 1,963,660.00 1.23% 4.84% 0.38% 03/04/24 AA+ 156 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,952,500.00 $ 1,968,080.00 1.88% 1.46% 0.38% 03/08/24 AA+ 160 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,985,390.00 $ 2,990,100.00 4.75% 4.79% 0.58% 03/08/24 AA+ 160 Federal Farm Credit Agency $ 2,000,000.00 $ 1,928,420.00 $ 1,953,540.00 0.30% 0.31% 0.38% 03/18/24 AA+ 170 CA ST Muni $ 2,000,000.00 $ 1,960,980.00 $ 1,974,680.00 3.00% 3.37% 0.38% 04/01/24 AA- 184 CA ST Muni $ 3,000,000.00 $ 2,941,470.00 $ 2,962,020.00 3.00% 4.00% 0.57% 04/01/24 AA- 184 CA ST Muni $ 3,000,000.00 $ 2,941,470.00 $ 2,962,020.00 3.00% 4.50% 0.57% 04/01/24 AA- 184 Citigroup Corporate $ 5,000,000.00 $ 4,886,850.00 $ 4,913,500.00 3.35% 3.35% 0.95% 04/29/24 A 212 Bank of America Corporate $ 3,000,000.00 $ 2,920,200.00 $ 2,945,490.00 3.10% 3.10% 0.57% 04/29/24 A- 212 Federal Home Loan Bank Agency $ 4,000,000.00 $ 3,978,840.00 $ 3,983,640.00 4.88% 4.80% 0.77% 05/08/24 AA+ 221 Federal Farm Credit Agency $ 3,000,000.00 $ 2,927,250.00 $ 2,948,850.00 2.63% 5.19% 0.57% 05/16/24 AA+ 229 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,951,400.00 $ 1,961,680.00 2.88% 1.85% 0.38% 06/14/24 AA+ 258 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,982,660.00 $ 2,982,150.00 4.88% 4.72% 0.57% 06/14/24 AA+ 258 Toyota Motor Credit Corporate $ 3,000,000.00 $ 2,858,640.00 $ 2,891,910.00 0.50% 0.59% 0.56% 06/14/24 A+ 258 Federal Home Loan Mortgage Corporation Agency $ 3,750,000.00 $ 3,564,787.50 $ 3,608,137.50 0.38% 0.38% 0.69% 06/28/24 AA+ 272 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,949,942.00 $ 1,959,460.00 2.75% 5.47% 0.38% 06/28/24 AA+ 272 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,928,640.00 $ 1,944,720.00 1.75% 1.68% 0.37% 07/02/24 AA+ 276 American Honda Finance Corp. Corporate $ 2,500,000.00 $ 2,375,275.00 $ 2,403,850.00 0.55% 0.71% 0.46% 07/12/24 A- 286 Santa Clara County Muni $ 6,535,000.00 $ 6,290,329.60 $ 6,348,099.00 2.00% 2.73% 1.22% 08/01/24 AAA 306 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,918,300.00 $ 1,932,520.00 1.50% 1.45% 0.37% 08/15/24 AA+ 320 City of Berkeley Muni $ 800,000.00 $ 780,664.00 $ 784,560.00 3.50% 1.95% 0.15% 09/01/24 AA+ 337 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,943,320.00 $ 1,951,140.00 2.88% 1.64% 0.38% 09/13/24 AA+ 349 Toyota Motor Credit Corporate $ 3,000,000.00 $ 2,833,320.00 $ 2,857,950.00 0.63% 1.04% 0.55% 09/13/24 A+ 349 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,955,760.00 $ 1,962,280.00 3.50% 4.00% 0.38% 09/13/24 AA+ 349 CA ST Muni $ 3,000,000.00 $ 2,994,870.00 $ 2,999,160.00 5.50% 4.72% 0.58% 10/01/24 AA- 367 Anaheim Housing and Public Improvements Auth. Muni $ 2,500,000.00 $ 2,418,775.00 $ 2,432,300.00 2.94% 4.30% 0.47% 10/01/24 AA- 367 CA ST Muni $ 1,450,000.00 $ 1,374,875.50 $ 1,389,419.00 1.25% 4.00% 0.27% 10/01/24 AA- 367 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,979,140.00 $ 1,978,060.00 4.50% 4.83% 0.38% 10/03/24 AA+ 369 Federal National Mortgage Association Agency $ 3,000,000.00 $ 2,862,330.00 $ 2,884,410.00 1.63% 0.75% 0.56% 10/15/24 AA+ 381 Bank of New York Mellon Corp. Corporate $ 3,000,000.00 $ 2,867,190.00 $ 2,882,490.00 2.10% 0.52% 0.56% 10/24/24 A 390 Bank of New York Mellon Corp. Corporate $ 3,000,000.00 $ 2,867,190.00 $ 2,882,490.00 2.10% 1.93% 0.56% 10/24/24 A 390 U.S. Treasury Treasury $ 2,000,000.00 $ 1,881,100.00 $ 1,899,680.00 0.75% 4.31% 0.37% 11/15/24 Aaa 412 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,760.00 $ 1,988,100.00 5.30% 5.30% 0.38% 11/18/24 AA+ 415 CA State Department Water Muni $ 5,000,000.00 $ 4,671,400.00 $ 4,720,600.00 0.51% 1.59% 0.91% 12/01/24 AAA 428 Santa Clara Valley California Water District Muni $ 3,500,000.00 $ 3,447,150.00 $ 3,449,565.00 4.25% 4.25% 0.66% 12/01/24 Aa1 428 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,929,160.00 $ 1,937,800.00 2.75% 1.48% 0.37% 12/13/24 AA+ 440 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,982,260.00 $ 1,981,360.00 4.63% 4.83% 0.38% 12/13/24 AA+ 440 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,993,690.00 $ 1,995,840.00 5.00% 5.24% 0.38% 12/13/24 AA+ 440 State Street Corp. Corporate $ 3,000,000.00 $ 2,895,120.00 $ 2,908,230.00 3.30% 0.64% 0.56% 12/16/24 A 443 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,974,170.00 $ 2,970,840.00 4.65% 4.25% 0.57% 01/06/25 AA+ 464 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,896,340.00 $ 1,908,660.00 1.63% 0.36% 0.37% 01/07/25 AA+ 465 U.S. Treasury Treasury $ 2,000,000.00 $ 1,886,180.00 $ 1,899,060.00 1.38% 0.52% 0.37% 01/31/25 Aaa 489 Federal Home Loan Mortgage Corporation Agency $ 3,000,000.00 $ 2,831,910.00 $ 2,851,560.00 1.50% 0.74% 0.55% 02/12/25 AA+ 501 Toyota Motor Credit Corporate $ 5,000,000.00 $ 4,731,050.00 $ 4,751,500.00 1.80% 2.30% 0.92% 02/13/25 A+ 502 U.S. Treasury Treasury $ 2,000,000.00 $ 1,903,760.00 $ 1,913,040.00 2.00% 0.52% 0.37% 02/15/25 Aaa 504 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,982,880.00 $ 1,977,040.00 4.63% 4.22% 0.38% 03/14/25 AA+ 531 City of Visalia
Investment Report
By Maturity Date
09/30/2023
78 City of Visalia
Investment Report
By Maturity Date
09/30/2023 (cont.)
U.S. Treasury Treasury $ 5,000,000.00 $ 4,799,400.00 $ 4,811,700.00 2.63% 2.36% 0.93% 03/31/25 Aaa 548 Bay Area Toll Authority Muni $ 3,000,000.00 $ 2,845,980.00 $ 2,864,220.00 2.33% 4.70% 0.55% 04/01/25 AA 549 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,849,640.00 $ 1,861,280.00 0.63% 0.59% 0.36% 04/22/25 AA+ 570 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,849,640.00 $ 1,861,280.00 0.63% 3.15% 0.36% 04/22/25 AA+ 570 Federal Farm Credit Agency $ 5,000,000.00 $ 4,795,850.00 $ 4,804,200.00 2.75% 2.75% 0.93% 04/25/25 AA+ 573 Citigroup Corporate $ 5,000,000.00 $ 4,821,450.00 $ 4,812,500.00 4.00% 4.00% 0.93% 05/13/25 A 591 University of California Revenue Muni $ 2,000,000.00 $ 1,899,500.00 $ 1,909,700.00 2.59% 4.20% 0.37% 05/15/25 AA- 593 University of California Revenue Muni $ 2,140,000.00 $ 2,167,777.20 $ 2,147,682.60 5.79% 5.00% 0.41% 05/15/25 AA- 593 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,980,000.00 $ 1,977,900.00 5.05% 5.05% 0.38% 05/22/25 AA+ 600 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,940,968.00 $ 1,934,120.00 3.40% 5.18% 0.37% 06/06/25 A 615 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,836,800.00 $ 1,850,920.00 0.63% 0.52% 0.36% 06/13/25 AA+ 622 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,991,904.00 $ 1,983,140.00 4.75% 4.97% 0.38% 06/13/25 AA+ 622 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,011,989.78 $ 1,996,440.00 5.13% 4.79% 0.38% 06/13/25 AA+ 622 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,836,160.00 $ 1,849,200.00 0.50% 0.46% 0.36% 06/17/25 AA+ 626 Federal Farm Credit Agency $ 2,000,000.00 $ 1,987,888.00 $ 1,980,140.00 4.63% 4.96% 0.38% 06/20/25 AA+ 629 Citigroup Corporate $ 3,000,000.00 $ 2,870,250.00 $ 2,874,690.00 4.75% 4.75% 0.55% 06/30/25 A 639 Los Angeles School District Muni $ 3,345,000.00 $ 3,073,319.10 $ 3,097,202.40 1.25% 1.09% 0.60% 07/01/25 Aa3 640 University of California Revenue Muni $ 3,000,000.00 $ 2,909,550.00 $ 2,890,950.00 3.06% 4.70% 0.56% 07/01/25 AA 640 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,839,340.00 $ 1,838,200.00 0.38% 4.88% 0.35% 07/21/25 AA+ 660 JP Morgan Chase Co. Corporate $ 1,450,000.00 $ 1,413,489.00 $ 1,404,107.50 3.90% 1.07% 0.27% 07/15/25 A- 654 Federal Home Loan Mortgage Corporation Agency $ 2,996,000.00 $ 2,733,520.44 $ 2,753,623.60 0.38% 0.46% 0.53% 07/21/25 AA+ 660 Los Angeles Commty College Muni $ 5,000,000.00 $ 4,543,900.00 $ 4,594,200.00 0.77% 0.97% 0.88% 08/01/25 AA+ 671 Pittsburg CA Unified School District Muni $ 4,375,000.00 $ 4,301,106.25 $ 4,277,306.25 4.15% 5.00% 0.82% 08/01/25 A1 671 U.S. Treasury Treasury $ 2,000,000.00 $ 1,931,640.00 $ 1,929,460.00 3.13% 4.38% 0.37% 08/15/25 Aaa 685 WalMart Inc. Corporate $ 3,000,000.00 $ 2,940,120.00 $ 2,924,370.00 3.90% 4.11% 0.56% 09/09/25 AA 710 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,924,120.00 $ 1,926,140.00 3.40% 4.27% 0.37% 09/11/25 A 712 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,803,110.00 $ 2,815,050.00 1.75% 1.33% 0.54% 09/12/25 AA+ 713 Los Angeles School District Muni $ 5,000,000.00 $ 4,588,650.00 $ 4,616,600.00 1.54% 1.58% 0.89% 09/15/25 AA- 716 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,814,740.00 $ 1,823,520.00 0.38% 0.44% 0.35% 09/23/25 AA+ 724 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,814,740.00 $ 1,823,520.00 0.38% 0.90% 0.35% 09/23/25 AA+ 724 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,816,360.00 $ 1,823,600.00 0.55% 0.55% 0.35% 09/30/25 AA+ 731 CA ST Muni $ 3,000,000.00 $ 3,013,290.00 $ 3,010,380.00 5.50% 4.74% 0.58% 10/01/25 AA- 732 Procter & Gamble Co. Corporate $ 3,000,000.00 $ 2,718,390.00 $ 2,728,020.00 0.55% 0.69% 0.53% 10/29/25 AA- 760 CA State Muni $ 2,000,000.00 $ 1,902,500.00 $ 1,906,820.00 3.00% 0.70% 0.37% 11/01/25 AA- 763 CA State University Muni $ 5,555,000.00 $ 5,047,606.30 $ 5,073,325.95 0.89% 1.63% 0.98% 11/01/25 AA- 763 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,812,640.00 $ 1,818,760.00 0.50% 0.68% 0.35% 11/07/25 AA+ 769 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,812,640.00 $ 1,818,760.00 0.50% 1.13% 0.35% 11/07/25 AA+ 769 U.S. Bancorp Corporate $ 3,000,000.00 $ 2,883,960.00 $ 2,886,840.00 3.95% 0.75% 0.56% 11/17/25 A 779 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,982,860.00 $ 1,974,460.00 4.50% 4.22% 0.38% 12/12/25 AA+ 804 Toyota Motor Credit Corporate $ 2,000,000.00 $ 1,817,740.00 $ 1,804,300.00 0.80% 4.85% 0.35% 01/09/26 A+ 832 Federal Farm Credit Agency $ 2,000,000.00 $ 1,965,800.00 $ 1,956,520.00 4.00% 4.00% 0.38% 01/13/26 AA+ 836 John Deere Capital Corp. Corporate $ 3,000,000.00 $ 2,698,770.00 $ 2,704,200.00 0.70% 0.74% 0.52% 01/15/26 A 838 Federal Farm Credit Agency $ 2,000,000.00 $ 2,001,200.00 $ 1,990,040.00 4.75% 4.10% 0.38% 03/09/26 AA+ 891 Charles Schwab Corp. Corporate $ 4,000,000.00 $ 3,533,520.00 $ 3,545,760.00 0.90% 1.04% 0.68% 03/11/26 A- 893 CA State Muni $ 3,400,000.00 $ 3,196,510.00 $ 3,197,938.00 2.65% 0.97% 0.62% 04/01/26 AA- 914 CA State Muni $ 1,320,000.00 $ 1,240,998.00 $ 1,241,552.40 2.65% 3.18% 0.24% 04/01/26 AA- 914 Bay Area Toll Authority Muni $ 2,405,000.00 $ 2,241,556.20 $ 2,244,249.80 2.43% 4.90% 0.43% 04/01/26 AA 914 Bay Area Toll Authority Muni $ 3,000,000.00 $ 2,796,120.00 $ 2,799,480.00 2.43% 4.69% 0.54% 04/01/26 AA 914 Amazon.Com Inc. Corporate $ 3,000,000.00 $ 2,697,090.00 $ 2,697,270.00 1.00% 1.02% 0.52% 05/12/26 AA 955 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,017,663.34 $ 1,989,860.00 4.75% 4.42% 0.38% 06/12/26 AA+ 986 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,013,181.96 $ 1,989,860.00 4.75% 4.50% 0.38% 06/12/26 AA+ 986 John Deere Capital Corp. Corporate $ 1,250,000.00 $ 1,122,362.50 $ 1,118,587.50 1.05% 0.91% 0.22% 06/17/26 A 991 U.S. Treasury Treasury $ 3,000,000.00 $ 2,703,060.00 $ 2,699,310.00 0.88% 1.61% 0.52% 06/30/26 Aaa 1004 Federal Farm Credit Agency $ 2,000,000.00 $ 1,992,740.00 $ 1,974,020.00 4.50% 4.68% 0.38% 07/27/26 AA+ 1031 U.S. Treasury Treasury $ 5,000,000.00 $ 4,454,500.00 $ 4,450,200.00 0.63% 2.58% 0.86% 07/31/26 Aaa 1035 Los Angeles Commty College Muni $ 2,000,000.00 $ 1,775,840.00 $ 1,785,420.00 1.17% 2.38% 0.34% 08/01/26 AA+ 1036 Fremont Unified School District Muni $ 5,470,000.00 $ 4,832,963.80 $ 4,841,223.50 0.83% 3.30% 0.93% 08/01/26 AA- 1036 Upper Santa Clara Valley Joint Powers Authority Muni $ 3,700,000.00 $ 3,301,917.00 $ 3,312,092.00 1.18% 3.43% 0.64% 08/01/26 AA+ 1036 San Jose Unified School District Muni $ 2,205,000.00 $ 2,112,125.40 $ 2,102,511.60 3.37% 3.55% 0.40% 08/01/26 AA+ 1036 Mountain View School District Muni $ 1,015,000.00 $ 937,332.20 $ 925,355.20 1.79% 4.45% 0.18% 09/01/26 AAA 1067 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,768,610.00 $ 2,751,120.00 1.88% 1.12% 0.53% 09/11/26 AA+ 1077 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,000,300.00 $ 1,984,080.00 4.63% 4.62% 0.38% 09/11/26 AA+ 1077 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,846,000.00 $ 1,836,660.00 1.88% 1.21% 0.35% 09/24/26 AA+ 1090 U.S. Treasury Treasury $ 3,000,000.00 $ 2,684,070.00 $ 2,677,020.00 0.88% 3.02% 0.52% 09/30/26 Aaa 1096 CA State Muni $ 3,000,000.00 $ 2,776,650.00 $ 2,773,320.00 2.38% 1.05% 0.53% 10/01/26 AA- 1097 Federal Farm Credit Agency $ 3,000,000.00 $ 2,973,450.00 $ 2,944,620.00 4.25% 4.27% 0.57% 11/23/26 AA+ 1150 CA State Department Water Muni $ 5,000,000.00 $ 4,408,950.00 $ 4,407,350.00 1.05% 1.68% 0.85% 12/01/26 AAA 1158 CA State Department Water Muni $ 1,500,000.00 $ 1,322,685.00 $ 1,322,205.00 1.05% 4.00% 0.25% 12/01/26 AAA 1158 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,698,380.00 $ 2,678,880.00 1.25% 1.66% 0.52% 12/21/26 AA+ 1178 Federal Home Loan Bank Agency $ 5,000,000.00 $ 4,497,300.00 $ 4,464,800.00 1.25% 2.70% 0.86% 12/21/26 AA+ 1178 Federal Farm Credit Agency $ 2,000,000.00 $ 1,963,800.00 $ 1,940,380.00 3.88% 4.07% 0.37% 12/23/26 AA+ 1180 U.S. Treasury Treasury $ 5,000,000.00 $ 4,583,200.00 $ 4,550,800.00 1.88% 2.37% 0.88% 02/28/27 Aaa 1247 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,996,370.00 $ 2,969,430.00 4.50% 4.01% 0.57% 03/12/27 AA+ 1259 Amazon.Com Inc. Corporate $ 5,000,000.00 $ 4,761,650.00 $ 4,704,500.00 3.30% 3.38% 0.91% 04/13/27 AA 1291 79 City of Visalia
Investment Report
By Maturity Date
09/30/2023 (cont.)
Federal Farm Credit Agency $ 5,000,000.00 $ 4,730,800.00 $ 4,678,800.00 2.88% 2.88% 0.90% 04/26/27 AA+ 1304 San Diego County Water Authority Muni $ 2,570,000.00 $ 2,280,515.20 $ 2,249,623.80 1.17% 4.55% 0.43% 05/01/27 AAA 1309 University of California Revenue Muni $ 1,600,000.00 $ 1,470,672.00 $ 1,461,424.00 2.56% 5.00% 0.28% 05/15/27 AA- 1323 University of California Revenue Muni $ 2,000,000.00 $ 1,773,260.00 $ 1,760,960.00 1.32% 4.69% 0.34% 05/15/27 AA 1323 University of California Revenue Muni $ 2,000,000.00 $ 1,773,260.00 $ 1,760,960.00 1.32% 4.00% 0.34% 05/15/27 AA 1323 University of California Revenue Muni $ 2,000,000.00 $ 1,758,540.00 $ 1,749,080.00 1.37% 3.90% 0.34% 05/15/27 AA 1323 Torrance CA Joint Powers Authority Muni $ 1,030,000.00 $ 908,573.30 $ 904,772.60 1.71% 4.85% 0.17% 06/01/27 AA 1340 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,992,720.00 $ 1,953,440.00 4.13% 4.23% 0.38% 06/11/27 AA+ 1350 San Joaquin California Community College Dist. Muni $ 2,500,000.00 $ 2,191,050.00 $ 2,194,875.00 1.43% 4.69% 0.42% 08/01/27 Aa2 1401 San Bernardino CA Community College Dist. Muni $ 1,455,000.00 $ 1,289,944.80 $ 1,285,245.15 1.61% 4.10% 0.25% 08/01/27 AA 1401 San Ramon Valley Unified School District Muni $ 3,445,000.00 $ 3,044,484.30 $ 3,017,406.60 1.44% 4.00% 0.58% 08/01/27 AA+ 1401 Campbell CA Unified High School District Muni $ 1,875,000.00 $ 1,633,987.50 $ 1,616,662.50 1.04% 4.70% 0.31% 08/01/27 AAA 1401 Gavilan CA Community College District Muni $ 2,225,000.00 $ 1,968,301.75 $ 1,954,262.00 1.51% 4.80% 0.38% 08/01/27 AA 1401 U.S. Treasury Treasury $ 3,000,000.00 $ 2,773,230.00 $ 2,741,490.00 2.25% 2.97% 0.53% 08/15/27 Aaa 1415 U.S. Treasury Treasury $ 2,000,000.00 $ 1,857,309.18 $ 1,827,660.00 2.25% 4.20% 0.35% 08/15/27 Aaa 1415 Amazon.Com Inc. Corporate $ 5,000,000.00 $ 4,704,300.00 $ 4,650,800.00 3.15% 4.11% 0.90% 08/22/27 AA 1422 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,985,126.68 $ 1,980,700.00 4.50% 4.71% 0.38% 09/10/27 AA+ 1441 Federal Farm Credit Agency $ 2,000,000.00 $ 2,011,160.00 $ 1,967,820.00 4.38% 3.77% 0.38% 09/15/27 AA+ 1446 Toyota Motor Credit Corporate $ 2,000,000.00 $ 1,972,060.00 $ 1,945,600.00 4.55% 4.70% 0.37% 09/20/27 A+ 1451 Federal Farm Credit Agency $ 2,000,000.00 $ 2,009,400.00 $ 1,977,140.00 4.50% 4.38% 0.38% 11/23/27 AA+ 1515 Amazon.Com Inc. Corporate $ 3,000,000.00 $ 2,981,160.00 $ 2,937,930.00 4.55% 4.83% 0.57% 12/01/27 AA 1523 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,993,140.00 $ 1,965,060.00 4.25% 4.03% 0.38% 12/10/27 AA+ 1532 Federal Farm Credit Agency $ 2,000,000.00 $ 1,952,240.00 $ 1,920,320.00 3.75% 4.00% 0.37% 12/22/27 AA+ 1544 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,998,340.00 $ 1,963,700.00 4.75% 4.64% 0.38% 01/20/28 A 1573 Apple Inc. Corporate $ 5,000,000.00 $ 4,333,550.00 $ 4,265,500.00 1.20% 4.67% 0.82% 02/08/28 AA+ 1592 JP Morgan Chase Co. Corporate $ 3,000,000.00 $ 3,003,390.00 $ 2,865,330.00 5.20% 5.21% 0.55% 02/28/28 A- 1612 CA ST Muni $ 3,000,000.00 $ 2,847,780.00 $ 2,817,000.00 3.50% 3.95% 0.54% 04/01/28 AA- 1645 CA ST Muni $ 3,000,000.00 $ 2,871,780.00 $ 2,817,000.00 3.50% 4.52% 0.54% 04/01/28 AA- 1645 JP Morgan Chase Co. Corporate $ 2,000,000.00 $ 1,955,220.00 $ 1,917,620.00 5.25% 5.25% 0.37% 05/30/28 A- 1704 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,994,600.00 $ 1,941,600.00 4.00% 4.06% 0.37% 06/30/28 AA+ 1735 Desert CA Community College District Muni $ 2,000,000.00 $ 1,758,540.00 $ 1,752,400.00 2.02% 4.85% 0.34% 08/01/28 AA 1767 Federal Farm Credit Agency $ 2,000,000.00 $ 2,015,688.00 $ 1,973,640.00 4.50% 4.32% 0.38% 08/28/28 AA+ 1794 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,976,180.00 $ 1,971,140.00 4.38% 4.64% 0.38% 09/08/28 AA+ 1805 Total Investments $ 477,496,000.00 $ 454,346,280.43 $ 454,411,625.85 87.5% Other Investments
Local Agency Investment Funds (LAIF) LAIF $ 13,428,968.30 $ 13,428,968.30 $ 13,428,968.30 3.42% 3.42% 2.6% 09/30/23 N/A - Local Agency Investment Funds (LAIF) - COVID LAIF $ 25,724,114.20 $ 25,724,114.20 $ 25,724,114.20 3.42% 3.42% 5.0% 09/30/23 N/A - California Asset Management Program (CAMP) CAMP $ 14,440,181.10 $ 14,440,181.10 $ 14,440,181.10 5.55% 5.55% 2.8% 09/30/23 N/A - California Asset Management Program (TERM) TERM $ 11,000,000.00 $ 11,000,000.00 $ 11,000,000.00 5.58% 5.58% 2.1% 07/01/24 N/A 275 Orchard Walk West Bond $ 135,000.00 $ 135,000.00 $ 135,000.00 6.75% 6.75% 0.0% 06/01/26 N/A 975 Atwood Water Main District Bond $ 72,812.23 $ 72,812.23 $ 72,812.23 4.00% 4.00% 0.0% 09/02/30 N/A 2529 Laura Water Main District Bond $ 46,165.22 $ 46,165.22 $ 46,165.22 4.00% 4.00% 0.0% 09/02/30 N/A 2529 Total Other Investments $ 64,847,241.05 $ 64,847,241.05 $ 64,847,241.05 12.5% Total Portfolio Holdings $ 542,343,241.05 $ 519,193,521.48 $ 519,258,866.90 3.04% 100.0% 80 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0363 Agenda Date: 11/6/2023 Agenda #: 4.

Agenda Item Wording:

Authorize the City Manager to award a contract for professional architectural and engineering design services for the new Fire Station 51 (FS51) in the amount of $794,787 to RRM Design Group.

Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Jaklin H Rowley, Assistant Engineer, [email protected], (559) 713-4369 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award the design contract to RRM Design Group for professional consulting services to prepare plans, specifications, and estimates for a new Fire Station 51 Project in the amount total not to exceed of $794,787. (1410- 72000/CP0415-999).

Background Discussion:

The City is actively seeking the expertise of a professional Consultant to undertake the comprehensive development of Plans, Specifications, and Estimates (PS&E) for the construction of a new Fire Station 51. This project is expected to not only meet the immediate requirements and needs of our firefighters but also to incorporate a forward-thinking approach, accommodating potential future expansions and enhancements.

Fire Station 51, situated at 309 S. Johnson Street, is the main fire department headquarters and has been a vital part of our community for several decades. Station 51 is an essential services building located in the heart of Visalia and serves both the downtown community and much of central Visalia.

City staff recently completed the process of soliciting proposals from qualified design professionals for a new Fire Station 51. This new station is intended to upgrade facilities and provide much-needed additional space for the firefighters, their equipment, and their larger fire engines. This new facility is intended to serve our community for the next 50-plus years.

The new station will be constructed across the street from the existing station, and will occupy the existing city-owned parking lot area between Conyer St. and Stevenson St. This strategic location will help ensure coverage of the current emergency response area and emergency response times provided by our current Fire Station 51. (see attached vicinity map) The new Fire Station 51 will, at a minimum, be designed to meet current operational needs, which include housing eight firefighters on a continuous 24/7 basis, two paramedics during daytime hours, and providing quarters for the battalion chief. Fire Station 51 will also be designed to meet California Visalia City Council Page 1 of 5 Printed on 11/3/2023
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File #: 23-0363 Agenda Date: 11/6/2023 Agenda #: 4.
and providing quarters for the battalion chief. Fire Station 51 will also be designed to meet California Building Code requirements for Essential Services Building type construction. Design for Essential Services Buildings follow more stringent structural design and construction requirements to prevent catastrophic collapse and ensure facilities are able to provide essential services to the public following a disaster. Staff is also considering future needs and will explore designing the station to accommodate a minimum capacity of 12 personnel on a 24/7 schedule to meet the expected future growth through a space needs assessment. To determine the precise space requirements, the consultant will conduct a space needs assessment in close collaboration with City Staff. This assessment will play a pivotal role in determining the square footage required for the new Fire Station

51. In addition to living quarters, the station must have adequate space for the four frontline units currently stationed at Fire Station 51, comprising two large fire trucks and two sizeable SUVs.

Furthermore, provisions must be made for the storage of a reserve ladder truck and a breathing support apparatus.

Construction Methods:

In pursuit of fiscal responsibility, the consultant will assist the City in exploring various construction methodologies to ensure cost-effectiveness and efficiency. As part of this initiative, there is a particular interest in investigating the feasibility and benefits of prefabricated construction. The use of prefabricated components or structures has gained significant attention in recent years for its potential to expedite construction timelines and enhance cost predictability. Additionally, there are hybrid facilities comprised of a combination of both prefabricated and traditional building types.

To make an informed decision that best serves the City's interests, Staff intends to conduct a thorough comparative analysis between prefabricated construction and traditional construction methods. This evaluation will delve into factors such as construction quality, project timeline, budgetary considerations, sustainability, and long-term maintenance costs.

By considering all available design and construction options, the aim is to select the approach that not only aligns with our budgetary constraints but also ensures the safety, functionality, and longevity of Fire Station 51.

Staff will soon be soliciting proposals for construction management (CM) services so that the CM firm is on-board at the appropriate time and able to also weigh in on the above methodology analysis.

Selection Process:

The City of Visalia received three (3) proposals in response to the advertised Request for Proposals, RFP 22-23-53, seeking Professional Design Services for a new Fire Station 51. These proposals were received on August 15th, 2023, from RRM Design Group, PBK, and Omni Design. All proposers are located in San Luis Obispo.

All firms were found technically qualified to do the work. Therefore, to ensure a thorough and fair evaluation of the consultants' proposals, both a proposal review committee and an interview committee were assembled. The proposal review committee diligently assessed and scored the proposals, providing detailed comments throughout the process. Subsequently, the interview committee evaluated the responses to interview questions and assigned scores to each proposer.

The primary objective was to select a consultant that demonstrated the highest level of qualification for the project and a comprehensive understanding of the scope of work. Following the committees' evaluations and interview, staff identified RRM Design Group as the most qualified candidate due to their meticulously outlined and well-structured proposal, their excellent presentation during the Visalia City Council Page 2 of 5 Printed on 11/3/2023
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File #: 23-0363 Agenda Date: 11/6/2023 Agenda #: 4.
their meticulously outlined and well-structured proposal, their excellent presentation during the interview process, their extensive portfolio of previously designed fire stations throughout California, and their experience completing a pre-fab fire station. It is worth noting that RRM was the only one of the three proposers with experience designing and constructing a prefab fire station.

RRM has designed many recent Fire Station projects in California and across the Central Valley including:

1. City of Madera Fire Station No. 58

2. County of Madera Fire Station No. 3

3. New Cuyama Fire Station No. 27 (Pre-Fabricated Design)

4. Ventura County Station 34

5. Seaside Fire Station No. 2

6. Manteca Fire Stations 4 & 5

7. Tracy Fire Station No. 95
RRM comes highly recommended, receiving praise both from Visalia staff and from the references they included in their RFP. Their references included Matt Watson from Madera County, Mike Porter from the City of Visalia, Sergio Sanches from the County of Santa Barbra, and Latz Rey the former Fire Marshall from the City of Manteca. Their references described RRM as an amazing partner, an efficient problem solver, easy to work with, quick to respond, and passionate about their work. Many of RRM’s references expressed their wish to work with RRM again in the future. Matt Watson from the County of Madera said “Mike Scott [the lead architect from RRM] is phenomenal to work with, and we were able to work through all issues on the project together”. RRM was chosen to complete 3 Station designs and 1 other new building design with the City of Madera. Matt expressed that he liked working with RRM and hopes to work with them again in the future. In addition to RRM's impressive references, they have demonstrated their expertise in prefabricated construction methods in their proposal with the successful completion of the New Cuyama Fire Station. The project utilized preengineered construction and was designed as a net-zero energy building.

Staff has a history of collaboration with RRM Design Group, particularly in their assistance in designing Visalia Fire Stations 53, 55, and 56. Given their proven expertise, Staff recommends that RRM Design Group be chosen as the designated design consultant for the new Station 51.

Project Timeline:

Design
The project's progression is outlined through a series of pivotal milestones, each closely tied to a completion date. With the award of the design consultant scheduled for November 2023, the project timeline will swiftly transition into the design phase, commencing immediately after the award. From December 2023 to February 2025, the project’s design phase will be in full swing. City staff will come back to City council multiple times throughout the design process to provide updates and gather input during work sessions, much like city staff has done with the Civic Center. The anticipated touchpoints Staff will return to City Council are:

Visalia City Council Page 3 of 5 Printed on 11/3/2023
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File #: 23-0363 Agenda Date: 11/6/2023 Agenda #: 4.

1. The Building Aesthetic

2. Construction Method Study (presentation/recommendation)

3. Construction Estimate

4. Final Elevation and Floor Plan Presentation
Construction
It is anticipated that the construction bidding process will commence in the summer of 2025, aiming to award the construction contract in the fall of 2025. The construction itself is projected to kick off in the winter of 2025 and continue for a span of 14 months, setting the completion of the station for the spring of 2027.

Staff is recommending a very aggressive project schedule, particularly for the design phase. This recommendation stems from the intention to submit project plans to the permit system before the upcoming major building code update, ensuring compliance with the current building code requirements. The California Building Code (CBC) updates its code every three years, with a midpoint review and potential adjustments during that period. The next code adoption is set for 2025, and completing the plans prior to this update will help circumvent the need for substantial changes mandated by future code updates.

Fiscal Impact:

The project currently has $4,400,000 budgeted from the Measure N Fund (141). Current budget is sufficient to cover the cost of design and staff time through the design process. Additional funds will be required to complete the construction of the station. These additional funds will be requested at the time of award of the construction bid, and after approval from the Measure N committee.

Budget Summary:

Project Funding
Available CIP Funding $4,400,000
Estimated Project Costs:

Estimated Construction Cost $12,100,000
Architect/Engineer (per submitted fee) $794,787
Construction Manager (6.5%) $786,500
Surveying (1%) $121,000
City Staff Time (2%) $242,000
Construction Contingency (10%) $1,210,000
Inspection/testing (2%) $242,000
permits/fees (2%) $242,000
Total Estimated Project Costs $15,716,552.00
Total estimated deficit ($11,316,000)
The budget summary presented above represents an initial estimate and may not reflect the ultimate budget. This estimate relies on an analysis of the construction bid recently received for Fire Station Visalia City Council Page 4 of 5 Printed on 11/3/2023
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File #: 23-0363 Agenda Date: 11/6/2023 Agenda #: 4.

No. 56.

To arrive at this estimate, the total bid cost was divided by the square footage of Fire Station No. 56, establishing the cost per square foot. This per-square-foot cost was then applied to the projected square footage of the new Station 51 (14,000SF) or approximately $864/SF. This is consistent with costs of $900/SF that RRM is seeing statewide for fire stations.

However, it's important to note that this estimate remains subject to change. The precise square footage of Station 51 will be determined after a comprehensive space needs assessment conducted by the consultant designer. This assessment will consider various factors, including the station's functional requirements, safety standards, and available space. The final budget will be adjusted based on the results of this assessment and the consultant designers' construction estimate.

Prior Council Action:

None
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City manager to enter into a contract with RRM Design Group for professional consulting services to prepare plans, specifications, and estimates for a new Fire Station 51 in a not to exceed amount of $794,787.

Environmental Assessment Status:

TBD
CEQA Review:

TBD
Attachments:

Attachment A: Vicinity Map
Proposal Attachments
Proposal Budget
Visalia City Council Page 5 of 5 Printed on 11/3/2023
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Alley
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® Street Names
City Limits
Streets

PARCELS
0 50 100 150 200 25
Feet
City of Visalia
Phase VI of the Riverway Sports Park
86 City of Visalia
RRM
Mike Scott
RRM
Charles
RRM
Paige
RRM
Scott
Martin
RRM
Cameron
RRM
Sogio RRM CornerstoneLawrence Sing Lane
Engineers
Sierra
Designs
Lane Technicon Sierra
West
Fire Station No. 1 Principal-inCharge
Project
Manager
Architect Senior
Designer
Job
Captain
Designer Architect Struct Eng Mech Eng Elect Eng Civil Eng Landscape Architect
Flood
Report
Geotechnical Eng Cost
Estimation
Revised 11-2-23 245 $ per hour 230 $ per hour 150 $ per hour 240 $ per hour 140 $ per hour 110 $ per hour 372,230$ 95,920$ 36,850$ 44,220$ 89,320 $ 33,752$ 4,950$ 9,290$ 20,625$ Phase 1 - Planning and Project Assessment 53%
Task 1.1 Fire Station Conceptual Layout 39,150$
Task 1.1a Preliminary Project Budget 2,500$ 4 $980 4 $920 4 $600 0 $0 0 $0 0 $0 Task 1.1b Feasibility Study - Prefabricated Construction 4,520$ 8 $1,960 4 $920 8 $1,200 0 $0 0 $0 4 $440 Task 1.1b Prliminary Project Schedule 1,820$ 0 $0 4 $920 6 $900 0 $0 0 $0 0 $0 Task 1.1c Conceptual Floor Plans and Site Plan 5,380$ 8 $1,960 2 $460 8 $1,200 0 $0 0 $0 16 $1,760 Task 1.1d Image Board 3,750$ 2 $490 0 $0 8 $1,200 4 $960 0 $0 10 $1,100 Task 1.1d Conceptual Building Elevations 9,980$ 4 $980 4 $920 20 $3,000 12 $2,880 0 $0 20 $2,200 Task 1.1e Refined plans 4,620$ 4 $980 0 $0 8 $1,200 0 $0 8 $1,120 12 $1,320 Task 1.1f Meetings 6,580$ 12 $2,940 8 $1,840 12 $1,800 0 $0 0 $0 0 $0 Task 1.2 Schematic Design 28,280$
Task 1.2a Preparation of Site Plan for SPRC 5,080$ 4 $980 2 $460 8 $1,200 0 $0 8 $1,120 12 $1,320 Task 1.2b Preparation of CUP package 8,410$ 2 $490 8 $1,840 12 $1,800 4 $960 8 $1,120 20 $2,200 Task 1.2c Preparation of Schematic Design Package 6,070$ 2 $490 2 $460 12 $1,800 0 $0 8 $1,120 20 $2,200 Task 1.2d Colored Rendering 4,160$ 0 $0 0 $0 12 $1,800 8 $1,920 0 $0 4 $440 Task 1.2e Outline Specifications - None Needed -$ 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Task 1.2f Construction Cost Estimate 1,520$ 0 $0 4 $920 4 $600 0 $0 0 $0 0 $0 Task 1.2g Meetings 3,040$ 0 $0 8 $1,840 8 $1,200 0 $0 0 $0 0 $0 Phase 2 - Design Development and Construction Documents Task 2.1 Design Development - Without 50% submittal 60,220$ Task 2.2a Preparation of drawings 42,080$ 24 $5,880 20 $4,600 100 $15,000 0 $0 40 $5,600 100 $11,000 Task 2.1b Preparation of progress specifications 6,200$ 8 $1,960 8 $1,840 16 $2,400 0 $0 0 $0 0 $0 Task 2.1c Construction Cost Estimate 3,100$ 4 $980 4 $920 8 $1,200 0 $0 0 $0 0 $0 Task 2.1d Interior Materials Board 3,840$ 0 $0 0 $0 8 $1,200 0 $0 0 $0 24 $2,640 Task 2.1e Meetings 5,000$ 8 $1,960 8 $1,840 8 $1,200 0 $0 0 $0 0 $0 Task 2.2 100% Construction Documents 98,160$
Task 2.2a Preparation of drawings 55,160$ 40 $9,800 8 $1,840 100 $15,000 8 $1,920 80 $11,200 140 $15,400 Task 2.2b Preparation of specifications 14,560$ 20 $4,900 20 $4,600 30 $4,500 0 $0 4 $560 0 $0 Task 2.2c Preparation of calculations 3,520$ 0 $0 0 $0 16 $2,400 0 $0 8 $1,120 0 $0 Task 2.2d Construction Cost Estimate 3,040$ 0 $0 8 $1,840 8 $1,200 0 $0 0 $0 0 $0 Task 2.2e QAQC Review / Constructability Review 15,300$ 20 $4,900 20 $4,600 0 $0 0 $0 10 $1,400 40 $4,400 Task 2.2f Meetings 6,580$ 12 $2,940 8 $1,840 12 $1,800 0 $0 0 $0 0 $0 Task 2.3 Permitting 13,710$
Task 2.3a Preparation of plan check and bid documents 10,550$ 10 $2,450 0 $0 30 $4,500 0 $0 10 $1,400 20 $2,200 Task 2.3b Meetings 3,160$ 8 $1,960 0 $0 8 $1,200 0 $0 0 $0 0 $0 Phase 3 - Bidding
Task 3.1 Bidding 9,140$
Task 3.1a Response to bidders 2,420$ 0 $0 4 $920 10 $1,500 0 $0 0 $0 0 $0 Task 3.1b Preparation of addendums 3,560$ 0 $0 0 $0 12 $1,800 0 $0 0 $0 16 $1,760 Task 3.1c Meetings 3,160$ 8 $1,960 0 $0 8 $1,200 0 $0 0 $0 0 $0 Phase 4 - Construction and Project Completion
Task 4.1 Construction Administration 114,060$
Task 4.1a Review of Submittals 25,400$ 20 $4,900 0 $0 100 $15,000 0 $0 0 $0 50 $5,500 Task 4.1b Response to RFIs 39,600$ 40 $9,800 0 $0 140 $21,000 0 $0 0 $0 80 $8,800 Task 4.1c Punch List review 6,560$ 8 $1,960 0 $0 16 $2,400 0 $0 0 $0 20 $2,200 Task 4.1d Job Site Meetings - 1 epr month for 14 months 29,000$ 20 $4,900 20 $4,600 130 $19,500 0 $0 0 $0 0 $0 Task 4.1d Virtual' Meetings - 1 per month for 14 months 13,500$ 0 $0 0 $0 90 $13,500 0 $0 0 $0 0 $0 Task 4.2 Record Drawings and Project Closeout 7,240$
Task 4.2a Record Drawings 7,240$ 4 $980 0 $0 16 $2,400 0 $0 4 $560 30 $3,300 8,340$ Specialty Reports - Beyond Standard Services
Task 5.1 Geotechnical Investigation Report 1,090$
Task 5.1a Geotechnical Investigation Report 1,090$ 2 $490 0 $0 4 $600 0 $0 0 $0 0 $0 10,380$ Task 5.2 Flood Elevation Certificate 1,090$
Task 5.2a Flood Elev Cert 1,090$ 2 $490 0 $0 4 $600 0 $0 0 $0 0 $0 6,040$ Task 5.3 Survey 1,090$
Task 5.3a Field Survey & Plot Utilities 1,090$ 2 $490 0 $0 4 $600 0 $0 0 $0 0 $0 19,240$ FEE SUBTOTALS $707,157
Estimated Reimbursables $12,000
Alternates
Task A1 Removal of Work for Prefabricated Elements
Structual Design Reduction (16,000)$
Task A2 Prefabricated Building RFP Assistance and Manuf Coordination RFP Assistance and Prefab Manufacturer Coordination 8,000$ Optional Tasks
Task O 1 Commissioning for Cal Green - If Needed 2,180$ Required for Buildings Over 10,000 sf 2,180$ 4 $980 0 $0 8 $1,200 0 $0 0 $0 0 $0 19,780$ Task O 2 Lot Line Merger 1,580$
1,580$ 4 $980 0 $0 4 $600 0 $0 0 $0 0 $0 7,630$
Task O 3 Record of Survey Map 1,580$
1,580$ 4 $980 0 $0 4 $600 0 $0 0 $0 0 $0 8,730$
Task O 4 Stormwater Prevention Plan - Normally By Contractor 1,580$ 1,580$ 4 $980 0 $0 4 $600 0 $0 0 $0 0 $0 7,630$
Task O 5 Potholing - Allowance 1,960$
Budget for Unknown Potholing Cost 1,960$ 8 $1,960 0 $0 0 $0 0 $0 0 $0 0 $0 8,760$ Task O 6 Construction Admin - Additional Site Meetings 12,600$ Adding a Second On Site Meeting per month 12,600$ 0 $0 0 $0 84 $12,600 0 $0 0 $0 0 $0 12,600$ Task O 7 VR Walkthru Tour - Interior Additional Model Upgrades 6,000$ Budget for upgrading the 3D Model to be used for Interior visual walk thru 6,000$ 0 $0 0 $0 40 $6,000 0 $0 0 $0 0 $0 6,000$ Task O 8 VR Walkthru Tour - Additional Exterior Model graphic Upgrades 4,500$ Budget for upgrading the 3D Model to be used for exterior visual walk around 4,500$ 0 $0 0 $0 30 $4,500 0 $0 0 $0 0 $0 $4,500 4,500$ $12,600
$1,960 $6,800
$6,000
$1,580 $6,050
$1,580 $7,150
$1,580 $6,050
$2,180 $17,600
$8,000
-$16,000
$1,090 $18,150
$9,290
$1,090 $4,950
$1,090
163,111$
$7,240 $1,100 $0 $0
19,260$
$114,060 $19,800 $7,480 $5,500 $8,250 $8,021
$2,200 23,280$
$9,140 $1,100 $1,870 $2,200 $2,200 $2,750
$8,250 199,140$
$13,710 $4,400 $1,870 $1,100
$6,875 120,336$
$98,160 $35,200 $16,830 $16,500 $13,750 $10,450
$59,220 $21,120 $5,060 $12,320 $10,120 $5,621
$6,910 $3,300 98,880$
39,150$
$28,280 $13,200 $3,740 $6,600 $36,850

BUILDING SITE

TOTAL FEES
$39,150
87 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0390 Agenda Date: 11/6/2023 Agenda #: 5.

Agenda Item Wording:

Authorize the transfer of $4,500,000 from the General Fund to the Vehicle Replacement Fund, $475,000 from the Police Measure T fund to the Police Measure T Vehicle Replacement Fund, and $1,480,000 from the Fire Measure T Fund to the Fire Measure T Vehicle Replacement Fund to replace future vehicles.

Deadline for Action: 11/6/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Renee Nagel, 559-713-4375, [email protected] <mailto:[email protected]> Department Recommendation:

That Council authorize the transfer of $4,500,000 from the General Fund to the Vehicle Replacement Fund, $475,000 from the Police Measure T fund to the Police Measure T Vehicle Replacement Fund, and $1,480,000 from the Fire Measure T Fund to the Fire Measure T Vehicle Replacement Fund to replace future vehicles. Staff is requesting that this approval be retroactive to June 30,2023 to be included in FY 22/23.

Background Discussion:

The City of Visalia owns and maintains 648 vehicles and pieces of equipment (hereafter referred to as the “Fleet”) that are utilized throughout the City. This fleet is owned by a variety of City funds and was purchased from various funding sources. All vehicles and equipment are tracked and replaced by the fund that originally purchased them. Enterprise Funds typically have their rates and fees set to cover operating and capital costs which also includes fleet replacements. The General Fund, which is a Governmental Fund, is required to have revenue cover expenses annually. Any left-over remaining funds are then designated to specific projects or purposes such as the Emergency Reserve and the Civic Center Reserve. To ensure that the General Fund has money to replace the fleet, City Council approved a Replacement Fund many years ago. This fund has allowed the General Fund divisions to be able to replace the fleet as needed and not defer replacement based on funds available. Many agencies do not do this and fleet replacement must compete with all departmental operational needs. This can cause a problem when a high dollar vehicle needs to be replaced such as a fire truck that costs over a million dollars. The General Fund method is also used for Sales Tax Measure Funds such as T & N. This is to ensure that money is set-aside and available to replace the fleet when needed.

The replacement funds receive their money using a method that was established when the original replacement fund was created for the General Fund. This method is designed to transfer cash from the respective funding sources equal to the amount of depreciation calculated for the vehicles and equipment each year. Depreciation is based on the purchase price plus the life of the vehicle. The life of the vehicle is established by the Vehicle Replacement Policy and is approved by the City Visalia City Council Page 1 of 6 Printed on 11/3/2023
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File #: 23-0390 Agenda Date: 11/6/2023 Agenda #: 5.
life of the vehicle is established by the Vehicle Replacement Policy and is approved by the City Council. The cash held in the replacement fund is invested to offset the increase in the cost of the vehicle being replaced.

This method ensures that funds are available and allows the City to replace vehicles annually with the adopted budget. The City has four vehicle replacement funds that consist of 386 vehicles and equipment as shown in Table 1: Summary of Vehicles & Equipment in Vehicle Replacement Funds.

These four funds represent 60% of the City Fleet.

Fund Owning Vehicles
Replacement
Fund
Total Vehicles and
Equipment
General Fund (001) 502 329
Measure T Police (121) 503 23
Measure T Fire (122) 504 2
Measure N (141) 505 32
Total 386
Table 1: Summary of Vehicles & Equipment in Vehicle Replacement Funds The remaining 262 vehicles and equipment are owned by Enterprise and Internal Service funds.

This portion of the fleet is also depreciated annually based upon the useful life. These funds use their respective revenues (rates and fees charged for services) and any available grant funding to cover the replacement of the vehicles and equipment they own. Depending upon the availability of resources, these funds may build up a reserve in their fund balance which can be used for the replacement of vehicles and equipment. These funds represent 40% of the City’s Fleet as shown in Table 2: Summary of Vehicles in Other Funds.

Fund with Ownership of Vehicles
Total Vehicles
and Equipment
CDBG Code Enforcement (311) 1
Building Safety (401) 9
Animal Services (406) 5
Airport (411) 9
Convention Center(413) 3
Water ConservationPlant (431) 40
Solid Waste (441) 81
Transit (451)* 102
Storm Sewer (481) 6
Fleet (501) 2
Information Systems(511) 3
Risk Safty (551) 1
Total 262
Table 2: Summary of Vehicles in Other Funds
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Vehicle Replacement Fund Operations:

Over the years, vehicle and equipment prices have risen steadily leaving the replacement funds without enough cash to replace the fleet at their designated years. There are several contributing factors:
· Historically Low Interest Earnings: The investment rates earned by the vehicle replacement funds have been consistently low for more than a decade, preventing interest earnings from keeping up with cost increases. Over the last 12 years, the City’s portfolio annual average was 1.18%.
· Current Rates of Inflation: The rate at which costs are increasing due to inflation far exceeds the funds that were set aside and planned for vehicle replacement. Over the last 12 years the average California Consumer Price Index was 2.9%.
· Vehicle Shortages: Supply is not meeting the demand for many types of vehicles. o This is especially true for police patrol cars which represent 20% of the fleet. Car manufacturers are focusing on development of electric vehicles (EV’s) and terminating production of gas models which is forcing the City to replace Dodge Charger Police models which are being discontinued, with more expensive Police interceptor patrol vehicles.
o Apart from the EV conversion, supply chain issues continue to be a problem which limits the number and variety of vehicles available to purchase, driving up prices.

To manage the health of the replacement funds over the years, City staff has worked to right-size the vehicles and extend the life of the City fleet in various ways. In addition, staff periodically reviews the City Vehicle Policy to ensure the rules and procedures it contains continue to provide adequate internal controls and remain responsive to the environment within which they are applied. The main goal for the City Fleet is to provide City staff with the necessary tools to perform their assigned duties while being safe and efficient. It is also important to maximize the lives of vehicles and equipment in the fleet to prevent the waste of this costly resource. The following controls are enforced for the purchase of vehicles and equipment.
· Requests to purchase new or replace existing vehicles are made through the Capital Budget process providing an additional layer of review by the Finance department. Vehicle requests that occur between budgets must have the approval of the City Manager. · New vehicle assignments require the need for frequent use and/or the need to transport special tools or equipment, and an estimated average use of 650+ miles per month.

Assignments that do not meet the criteria may request a Ghost vehicle. · Existing vehicles are only eligible for replacement once they have reached both the years and miles projected for their use.
· Before replacement, all vehicles, including those that have reached the years and miles planned for their replacement, are required to undergo an evaluation of the vehicle condition by Fleet before final authorization for replacement. This approval process requires the authorization of the appropriate department head, the Fleet Supervisor, the Public Works Director, and the Finance Director. Replacements are delayed when feasible. · Vehicles in heavy-duty assignments that have reached the end of their useful lives are evaluated for their ability to be placed in lower demand assignments rather than automatically Visalia City Council Page 3 of 6 Printed on 11/3/2023
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evaluated for their ability to be placed in lower demand assignments rather than automatically being sold at auction. This practice allows vehicles to have a second life and save money by not having to purchase new vehicles. An example of this is patrol vehicles. Their life as a pursuit vehicle ends at 100,000 miles and 9 years and then these vehicles are repurposed for janitorial, code enforcement, etc.

For informational purposes, a more detailed summary of the City of Visalia Fleet as of September 8, 2023, has been provided as Attachment A: City Fleet Summary.

Subsidy Needed
It has been more than 20 years since a cash infusion has been required by the Vehicle Replacement fund, back in the 1990’s, when the Measure T and Measure N Vehicle Replacement funds didn’t even exist. Unfortunately, the resources of the replacement funds have been stretched as far as they can go. With the additional challenges of higher-than-normal inflation experienced over the last two years, and the continued supply chain issues, three of the four fleet replacement funds are projected to be in a deficit starting in 2024/25. The projections prepared for the vehicle replacement funds discussed below are conservative and intended to ensure necessary funding through FY 31/32.

Given the proper economic conditions, the cash infusion could last longer than the projected time frame.

General Fund Vehicle Replacement fund (502): This fund is responsible for the replacement of General Fund vehicles and equipment. There are currently 329 vehicles and equipment in this fund with the majority of these belonging to Public Safety. To fully replenish this fund and provide for the scheduled vehicle replacements projected in the next 8 years, a subsidy of $4,500,000 is requested to be transferred from the General Fund to the Vehicle Replacement Fund as shown in the table below.
2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 Beginning Cash Balance 6,105,967 968,600 (2,669,300) (2,921,800) (2,476,400) (2,544,800) (1,859,400) (2,513,000) (2,548,000) Investment Earnings 50,700 - - - - - - - -
Operating Revenues 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Depreciation Transfer 909,557 894,300 867,500 884,900 902,600 920,700 939,100 957,900 977,100 Operating Expenditures (16,800) (17,100) (17,400) (17,700) (18,100) (18,500) (18,900) (19,300) (19,700) Capital Improvements (6,100,800) (4,535,100) (1,122,600) (441,800) (972,900) (236,800) (1,593,800) (993,600) (2,946,100) Ending Cash Balance $968,624 ($2,669,300)($2,921,800)($2,476,400)($2,544,800)($1,859,400)($2,513,000)($2,548,000)($4,516,700) Vehicle Replacement - 502 (5020)
Cash Balance Summary
Measure T Police Vehicle Replacement Fund (503): This fund was established with the Measure T Plan to ensure money would be set aside and available to replace Police Measure T vehicles. This fund currently has 23 police patrol vehicles. To fully fund the replacement of the current vehicles, a cash infusion of $475,000 is requested to be transferred from the Police Measure T fund to the Police Measure T Vehicle Replacement Fund. The 8-year projected cash flow is shown below. 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 Beginning Cash Balance 653,383 198,400 54,200 (8,400) 116,200 (62,400) 67,200 (475,000) (336,200) Depreciation Transfer 117,428 119,800 122,200 124,600 127,100 129,600 132,200 138,800 145,700 Capital Improvements (572,400) (264,000) (184,800) - (305,700) - (674,400) - (247,800) Ending Cash Balance $198,411 $54,200 ($8,400) $116,200 ($62,400) $67,200 ($475,000) ($336,200) ($438,300) Cash Balance Summary
Police Measure T Vehicle Replacement - 503 (5030)
Measure T Fire Vehicle Replacement Fund (504): This fund was established with the Measure T Plan to ensure money would be set aside and available to replace Fire Measure T vehicles. This Visalia City Council Page 4 of 6 Printed on 11/3/2023
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Plan to ensure money would be set aside and available to replace Fire Measure T vehicles. This fund currently has 2 fire trucks. This may seem like a small number, however, the cost per fully equipped Fire Truck is currently estimated to be $1.1 million ($951k for the truck, $142k for the equipment). To fully fund the replacement of the current vehicles, a cash infusion of $1,480,000 is requested to be transferred from the Fire Measure T fund to the Fire Measure T Vehicle Replacement Fund. The 8-year projected cash flow is shown below.
2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 Beginning Cash Balance 874,100 (79,400) (163,600) (132,000) (100,400) (68,800) (37,200) (5,600) (1,380,100) Depreciation Transfer 32,500 32,500 32,500 32,500 32,500 32,500 32,500 32,500 32,500 Operating Expenditures (900) (900) (900) (900) (900) (900) (900) (900) (900) Capital Improvements (985,100) (115,800) - - - - - (1,406,100) (210,000) Ending Cash Balance ($79,400) ($163,600) ($132,000) ($100,400) ($68,800) ($37,200) ($5,600)($1,380,100)($1,558,500) Fire Measure T Vehicle Replacement - 504 (5040)
Cash Balance Summary
Measure N Vehicle Replacement Fund (505): This fund was established with the Measure N Plan to ensure money would be set aside and available to replace Measure N funded vehicles. This fund currently has 32 vehicles which are utilized by Police, Fire, and Parks Maintenance. With no vehicles older than 2018, this fund has the advantage of having paid higher prices for the existing vehicles, which increases the annual depreciation amounts, providing additional resources. Current projections do not require a cash infusion however, this fund will be evaluated periodically to ensure it continues to be healthy. The 8-year projected cash flow is shown below. 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 Beginning Cash Balance 1,054,000 1,322,300 1,498,600 1,751,100 2,016,200 2,294,500 2,158,700 677,500 676,800 Depreciation Transfer 267,700 259,700 251,900 264,500 277,700 291,600 306,200 321,500 337,600 Operating Expenditures 600 600 600 600 600 600 600 600 600 Capital Improvements - (84,000) - - - (428,000) (1,788,000) (322,800) (747,400) Ending Cash Balance $1,322,300 $1,498,600 $1,751,100 $2,016,200 $2,294,500 $2,158,700 $677,500 $676,800 $267,600 Measure N - 505 (5050)
Cash Balance Summary
Ongoing Funding of Vehicle Replacement Funds: As discussed above, numerous factors has caused a funding shortfall. To keep up with vehicle costs in the future, staff is recommending changing the methodology to be depreciation, interest earnings, plus a 3-5% mark-up. The mark-up will depend on interest earnings plus the CPI. Having the mark-up be a range keeps the fund from having a shortfall or a large surplus that could be used on other projects. Interest earnings is currently averaging 3%.

Fiscal Impact:

As discussed above, staff is requesting to transfer cash into the three Vehicle Replacement Funds.

Approval of this request would result in a transfer of $4.5 million in cash from the General Fund to the Vehicle Replacement Fund, a transfer of $475k in cash from the Police Measure T fund to the Police Measure T Vehicle Replacement Fund, and a transfer of $1.48 million in cash from the Fire Measure T Fund to the Fire Measure T Vehicle Replacement Fund as shown in Table 3: Summary of Requested Cash Transfers below.

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File #: 23-0390 Agenda Date: 11/6/2023 Agenda #: 5.

Source Fund Source Fund Description
Transfer
Amount
Receiving
Fund Receiving Fund Description
001 General Fund $ 4,500,000 502 Vehicle Replacement (for General Fund) 121 Measure T Police 475,000 503 Police Measure T Vehicle Replacement 122 Measure T Fire $ 1,480,000 504 Fire Measure T Vehicle Replacement Table 3: Summary of Requested Cash Transfers
In addition, staff is requesting the transfer to be effective June 30, 2023, and come from last fiscal years (FY 22/23) surplus for each fund. This recommendation is based on two factors. The first one being that staff is projecting current and future surpluses to be much smaller due to a decline in sales tax, the slowing economy, continued rising operational costs, and additional cost increases due to recently approved legislation. Second, the General Fund and Measure T Funds have experienced three years of a larger than normal surplus, ending with FY 22/23.

The General Fund surplus for FY 22/23 is currently projected to be $14.4 million after funding the emergency reserves at the 25% operating level. These numbers will be presented once the City’s financials are completed in January. The General Fund transfer request is conservative at $4.5 million due to the need to fund the Civic Center phase 2 (Public Safety Building, Council Chambers and Evidence Building).

Prior Council Action: None
Other: N/A
Alternatives:Transfer funds in each year that is a deficit.

Recommended Motion (and Alternative Motions if expected):

That Council authorize the retro-active transfer to FY 22/23 of $4.5 million from the General Fund to the Vehicle Replacement Fund, $475 thousand from the Police Measure T fund to the Police Measure T Vehicle Replacement Fund, and $1.48 million from the Fire Measure T Fund to the Fire Measure T Vehicle Replacement Fund for the replacement of future vehicles and change the methodology as outline in the report.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Attachment A: City Fleet Summary
Attachment B: Vehicle Policy
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Vehicle/Equipment Category General Fund (001) Meas T Police (121) Meas T Fire (122) Measure N (141) CDBG Code Enforcement (311) Building Safety (401) Animal Services (406) Airport (411) ConvenƟon Center(413) Water ConservaƟonPlant (431) Solid Waste (441) Transit (451) Storm Sewer (481) Fleet (501) InformaƟon Systems(511) Risk Safty (551) Totals By Type Regular Fleet (Eligible for Replacement)
Sedan (4-door) 22 1 23
Hybrid Sedan (4-door) 17 1 1 1 20
Police Cruiser (Black and Black/White) 86 23 23 132
Small SUV (Sport Utility Vehicle) 6 6 1 13
Large SUV (Sport Utility Vehicle) 13 2 1 16
Van (Passenger & Cargo) 9 1 1 2 2 15
Small Pickup 6 1 1 1 9
Large Pickup (1/2 ton) 22 1 1 1 2 1 1 29
Heavy Duty Pickup (3/4 ton & Larger) 28 4 1 4 1 1 12 7 1 3 1 63 Fire Trucks, Engines, and Quints 8 2 1 11
Solid Waste Trucks 0 65 65
Motorcycles (Police) 9 9
Specialty Vehicles 22 1 5 13 1 94 3 1 140
Trailers (Hauling and Special Purpose) 47 1 1 6 5 60
Specialty Equipment 25 1 2 28
Utility and Golf Carts 3 1 2 1 7
Lights, Generators & Message Boards 6 2 8
Grand Total 329 23 2 32 1 9 5 9 3 40 81 102 6 2 3 1 648 Attachment A: City Fleet Summary
as of September 8,2023
Fleet Count Summary 1 of 1 10/30/2023 12:53 PM 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0395 Agenda Date: 11/6/2023 Agenda #: 6.

Agenda Item Wording:

Request authorization to file a Notice of Completion for Riggin Avenue Widening & Improvements (Akers to Demaree). City of Visalia Project Number 2430-72000/CP0397-999.

Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Katherine Woodhull-Fuget, Assistant Engineer, [email protected], (559) 713- 4447
Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends City Council authorization to file a Notice of Completion for Riggin Avenue Widening & Improvements (Akers to Demaree).

Background Discussion:

On December 5th, 2022, the City Council authorized the City Manager to award the construction contract for RFB 22-23-19, Riggin Widening & Improvements (Akers to Demaree) to Agee Construction Corporation in the amount of $4,059,548.45. The project widened the existing roadway to four lanes and added buffered bike lanes, sidewalk, bus turnouts, landscaped medians, and fire hydrants. Construction started April 17th, 2023.

The project has been completed and the final total construction cost was $3,913,992.07, which is

3.59% below the original contract price.

The following is a breakdown of the contract changes:

Errors and Omissions (E&O) $ 15,334.00 0.38%
Utilities (UT) $ 62,706.36 1.54%
Balance of Quantities (BQ) $ (135,508.90) -3.34%
Unforeseen Conditions (UN) $ 13,358.24 0.33%
Owner Directed Change of Scope (CofS) $ (101,446.08) -2.50% TOTALS $ (145,556.38) -3.59%
There was a total of three (3) change orders approved for the Riggin Avenue Widening Project. Each of the change orders was reviewed by the City of Visalia Change Order Committee. The change orders consisted of multiple items that were individually evaluated by the committee.

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The Change Order Committee is a group of non-appointed technical staff without direct involvement with the project submitted for review. The committee is an informal committee that reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.

The following is a breakdown of the change order items by category:

Errors and Omissions
The demo and installation of survey monuments was missed during the development of the project specifications, resulting in no language for payment. An E&O change order was processed for the missing item.

Additional pavement grinding was required on the south side of Riggin between Linwood and Kayenta to address design drainage/grading transition issues between the existing roadway and the new section.

Utilities
There were three (3) change order items due to utility conflicts:

Firstly, a shallow abandoned AT&T conduit was discovered on the north side of Riggin between Kayenta and Bollinger in conflict with the new road structural section and had to be removed.

Secondly, the new drainage inlets on the north side of Riggin between Kayenta and Linwood had to be modified to avoid conflict with an existing water main.

Thirdly, the Modoc Ditch inlet structure at the southeast corner of Riggin and Crenshaw required modification in order to avoid two existing gas lines and an existing water line.

Balance of Quantities
The following bid items required a Balance of Quantities. Balance of Quantities items are changes based on final material quantities actually constructed or installed with the project:

Bid Item No. Description
15 Remove Existing 24” Irrigation Pipeline
21 24” Storm Drain Pipe
28 Barrier Curb & Gutter Type A2-6
30 Barrier Curb [Bus Turnouts]
34 Concrete Median Curb
35 Concrete Median Curb with Gutter
38 Warm Mix Asphalt (Type A, ¾”)
40 Increase or Decrease in Cement for FDR-C Method
45 Street Light Pull Box
59 Landscape Materials - Mow Curb
67 (Alt) Increase or Decrease in Cement for FDR-C Method These changes resulted in a net decrease in the project cost.

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Unforeseen Conditions
There were three (3) change order items due to unforeseen conditions:

In phase 2, on the south side of Riggin, an existing storm drain manhole cone was discovered in conflict with the Full Depth Reclamation grade and needed to be replaced with a flat top.

The existing 24” irrigation pipeline for Modoc Ditch just east of Crenshaw slated for removal was encased in concrete, which was unforeseen. This resulted in a Removal and Disposal of Buried ManMade Objects change order.

Due to standing water in the storm drain system thanks to use of Modoc Basin for groundwater recharge, the contractor was directed to pour a new storm drain manhole around the existing 30” storm drain and to open the 30” SD to allow water to flow at a later date. Opening the pipe at a later date required remobilization.

Owner Directed Change of Scope
Change order items related to an owner directed change of scope included changing the canal gate type within the Modoc Ditch inlet structure at the request of the ditch company, expanding the limits of pavement rehabilitation, and a number of value engineering (cost saving) scope changes.

Cost saving change of scope items included reducing the number of construction notification signs, converting the local street intersections from conventional aggregate base to full depth reclamation, switching from Warm Mix Asphalt (for winter construction) to Hot Mix Asphalt, and changing the type of Fiber Optic Pull Box.

Fiscal Impact:

The Riggin Avenue Widening & Improvements (Akers to Demaree) project was funded by the Measure R Regional Fund (133). Below is the budget summary.

Project Budget
Measure R Regional Fund (133) $ 5,100,000.00
Total Project Funding $ 5,100,000.00
Design Expenditures:
4Creeks (Total Contract) $ 104,023.00
City Staff Time $ 89,121.72
Pre-Construction Misc. (Permit Fees, Potholing, etc.) $ 18,955.51 Total Design Expenditures $ 212,100.23
Construction:

Cal Water Hydrants and Water Meter $ 156,731.00
Akers/Riggin Traffic Signal by Don Berry Construction Inc $ 72,600.00 Construction by Agee (including Change Orders) $ 3,913,992.07 Material Testing $ 29,030.63
Construction Management & Inspection Staff Time (Estimate) $ 150,000.00 Construction Miscellaneous $ 18,985.99
Estimated Total Construction Cost $ 4,341,339.69
Estimated Total Project Cost $ 4,553,439.92
Estimated Budget Surplus $ 546,560.08
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g
Construction Management & Inspection Staff Time (Estimate) $ 150,000.00 Construction Miscellaneous $ 18,985.99
Estimated Total Construction Cost $ 4,341,339.69
Estimated Total Project Cost $ 4,553,439.92
Estimated Budget Surplus $ 546,560.08
Current estimates indicate there will be a surplus of funds in CP0397. Once the close-out process is complete, any excess Measure R Regional funds will be returned to the fund.

Prior Council Action:

December 5th, 2022 - Authorized the City Manager to award the construction contract to Agee Construction Corporation in the amount of $4,059,548.45 for Riggin Avenue Widening & Improvements (Akers to Demaree) and transfer $1.6M of Measure R Regional Funds to CP0397 from the CIPs identified in the staff report.

August 15th, 2022 - Authorized the City Manager to approve payment to California Water Service in the amount of $155,731 for the installation of six fire hydrants and one irrigation service along Riggin Ave between Akers St and Demaree St.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to file a Notice of Completion for the Riggin Avenue Widening & Improvements (Akers to Demaree) Project.

Environmental Assessment Status:

Notice of Exemption filed October 31st, 2019
CEQA Review:

Notice of Exemption filed October 31st, 2019
Attachments:

1. Vicinity Map

2. Site Pictures

3. Contractor Disclosure Form
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119
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0396 Agenda Date: 11/6/2023 Agenda #: 7.

Agenda Item Wording:

Authorization to accept and appropriate $72,710 for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BAJ) and approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department 2023 JAG Joint Purchase Program.

Deadline for Action: 11/6/2023
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> Captain Andrew Swarthout, ext. 4035, [email protected] <mailto:[email protected]>
Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorization to accept and appropriate $72,710 for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA) and approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department 2023 JAG Joint Purchase Program. There is no requirement for matching funds. The Grant is effective from 10/1/2022 to 9/3/2026, however the Department does not budget for the retroactive year.

Summary:

The Visalia Police Department has thoroughly researched various methods to prevent and respond to Part One crimes within the City of Visalia and County of Tulare. Nationwide, fixed mount Automated License Plate Reader (ALPR) cameras have had a tremendous impact on reducing these types of crimes that affect our community. Fixed mount ALPR cameras work by identifying vehicle license plates that have been entered in the Stolen Vehicle System, National Crime Information Center, or entered by officers throughout the State of California In addition to an effective response for auto-theft related crimes, fixed mount ALPR cameras can also provide significant benefits through its community care taking functions and as an investigatory tool.

Fixed mount ALPR cameras allow staff to enter license plates for missing persons that are considered at-risk. This allows staff to proactively enter license plate information quickly which is pushed out to all fixed mount ALPR cameras. This same feature can assist staff in criminal investigations by allowing staff to enter plates for vehicles that are associated with wanted offenders.

Investigators can also use previously scanned license plates to identify if subjects were observed traveling to or from a crime scene. Finally, fixed mount ALPR cameras can identify license plates associated with law enforcement-based alerts that are generated and shared nationwide, such as Visalia City Council Page 1 of 3 Printed on 11/3/2023
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File #: 23-0396 Agenda Date: 11/6/2023 Agenda #: 7.
known retail theft offender groups.

This year, a nearby law enforcement agency’s fixed mount ALPR camera captured a vehicle that was involved in a homicide in the City of Visalia. The information obtained from the fixed mount ALPR camera was instrumental in identifying the suspects involved in that murder. Fixed mount ALPR cameras are currently being used by law enforcement agencies throughout the Nation. Locally, the College of the Sequoias and the Cities of Fresno, Farmersville, Hanford, Lindsay, Porterville, Tulare, and Woodlake have fixed mount ALPR cameras installed in their jurisdictions.

One fixed mount ALPR camera has the ability to capture a minimum of two lanes of traffic simultaneously. With the deployment of five fixed mount ALPR cameras, five intersections can be outfitted. A future goal of the Visalia Police Department is to acquire additional fixed mount ALPR cameras to be installed throughout the City of Visalia. Doing so would ensure adequate coverage to help address the ever-changing needs of the community.

The total allocated amount of $72,710 for the disparate jurisdictions of the City of Visalia Police Department and Tulare County Sheriff’s Office would be used to purchase five fixed mount ALPR cameras. The total allocated amount will provide funding to purchase five (5) fixed mount ALPR cameras and the included data services which will be budgeted over three (3) years. The cameras would be placed in strategic areas that would benefit the Visalia Police Department and the Tulare County Sheriff’s Office.

Background Discussion:

On June 30,2023 the U.S. Department of Justice (DOJ) - Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) announced the 2023 Edward Byrne Memorial Justice Assistance (BJA) Grant Program. The JAG Grant is a federally funded program through the Bureau of Justice Assistance and allocations are made to each state based on a formula that weighs equally its share of violent crime and population. The same formula is then used to determine the allocations awarded to the City and County jurisdictions. JAG Grant funds may be used to provide additional personnel, equipment, supplies, training, technical assistance, and information systems for criminal justice programs.

The City of Visalia was directly allocated $43,802 and Tulare County was directly allocated $28,908 for a total joint allocation of $72,710. However, because the City’s allocation is $150% of the County’s award amount, the JAG legislation requires that the County be a partner with the local jurisdiction receiving the higher amount of funds. The JAG program considers this type of allocation a Disparate Jurisdiction and requires a Memorandum of Understanding (MOU) between the City of Visalia and Tulare County Sheriff’s Office to agree on a mutual purchase plan that will benefit both agencies.

Visalia Police Chief, Jason Salazar, reached out to Sheriff Mike Boudreaux at the Tulare County Sheriff’s Office and agreed to the joint purchase program. The Visalia Police Department will be the fiscal agent and accept administrative responsibilities for the Grant. A single grant application was submitted on August 29, 2023, and the award announcement was received on October 1, 2023.

Fiscal Impact:

Appropriate $72,710 in the General Fund and set up a CIP account for the purchase of the Automated License Plate Reader equipment and included data services. The Grant will reimburse Visalia City Council Page 2 of 3 Printed on 11/3/2023
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File #: 23-0396 Agenda Date: 11/6/2023 Agenda #: 7.

Automated License Plate Reader equipment and included data services. The Grant will reimburse the General Fund. A request for Bid will be announced soon after this report is approved. The Grant will fund the equipment purchase as well as the data for the program for 3 years with an estimated annually cost for the data of $24,200. After the grant ends in Fiscal Year 26/27, the program will be evaluated and determined at that time if the City of Visalia will continue the use of the cameras. The 2023 JAG Grant requires the City of Visalia to comply with the special conditions and the City Mayor is required to execute the Certification and Assurances document prior to the release of funds. The form is attached for the City of Visalia Mayor’s signature.

Prior Council Action: None.

Other: N/A
Alternatives: Not to accept the Grant.

Recommended Motion (and Alternative Motions if expected):

Authorization to accept and appropriate $72,710 for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA); approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department 2023 JAG Joint Purchase Program.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Award Package, Cert & Assurances, and MOU.

Visalia City Council Page 3 of 3 Printed on 11/3/2023
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

Washington, D.C. 20531

Name and Address of Recipient: VISALIA, CITY OF (INC)
303 S JOHNSON ST
City, State and Zip: VISALIA, CA 93291
Recipient UEI: FTWNLMJ88VN6
Project Title: Visalia Police Dept JAG 2023
Joint Purchase program with Tulare
County
Award Number: 15PBJA-23-GG-03165-JAGX
Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $72,710.00 Federal Award Date: 9/26/23 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 Budget Period End Date: 9/30/26 Project Description:

The Visalia Police Department has researched methods to address Part One crimes within the City of Visalia and County of Tulare. Fixed mount automated license plate reader (ALPR) cameras have had a tremendous impact on reducing these types of crimes. Fixed mount ALPR cameras work by identifying vehicle license plates that have been entered in the Stolen Vehicle System, National Crime Information Center, or entered by officers throughout the State of California. The cameras would be placed in strategic areas that would benefit the Tulare County Sheriff’s Department and the Visalia Police Department.

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Award Letter
September 26, 2023
Dear Jason Salazar,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by VISALIA, CITY OF (INC) for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $72,710.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm.

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.

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These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).

The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].

Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant.

The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html.

NEPA Coordinator
First Name
Orbin Middle Name Last NameTerry
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Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

VISALIA, CITY OF (INC)
UEI
FTWNLMJ88VN6
Street 1
303 S JOHNSON ST Street 2
City

VISALIA
State/U.S. Territory
California
Zip/Postal Code
93291
Country
United States
County/Parish Province
Award Details
Federal Award Date
9/26/23
Award Type
Initial
Award Number
15PBJA-23-GG-03165-JAGX
Supplement Number
00 Federal Award Amount
$72,710.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a)
[X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
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This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2023 BJA FY 23 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Application Number
GRANT13948142
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name
Fadumo Tahlil
Phone Number
202-598-9805
E-mail Address
[email protected]
Project Title
Visalia Police Dept JAG 2023 Joint Purchase program with Tulare County Performance Period Start
Date
10/01/2022
Performance Period End Date
09/30/2026
Budget Period Start Date
10/01/2022
Budget Period End Date
09/30/2026
Project Description
The Visalia Police Department has researched methods to address Part One crimes within the City of Visalia and County of Tulare. Fixed mount automated license plate reader (ALPR) cameras have had a tremendous impact on reducing these types of crimes. Fixed mount ALPR cameras work by identifying vehicle license plates that have been entered in the Stolen Vehicle System, National Crime Information Center, or entered by officers throughout the State of California. The cameras would be placed in strategic areas that would benefit the Tulare County Sheriff’s Department and the Visalia Police Department.
[X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Page: 5 of 23
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Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

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In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

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The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
10 Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:

Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
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Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
14 Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

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States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

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purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The Page: 11 of 23
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reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
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The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently Page: 13 of 23
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accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (firsttier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
31 Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.

The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
33 Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds Page: 14 of 23
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who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
34 Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.

Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.
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Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.

Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG Page: 16 of 23
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and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, deescalation of conflict, and constructive engagement with the public. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICSPage: 17 of 23 139
relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor
48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 Page: 18 of 23
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FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
53 Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.
55 Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable Page: 19 of 23
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deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 56 Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
57 Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and Page: 20 of 23
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regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 63 Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition. 64 Withholding of funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
Deputy Assistant Attorney General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/23/23 2:09 PM
Authorized Representative
Declaration and Certification
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Entity Acceptance
Title of Authorized Entity Official
Financial Analyst
Name of Authorized Entity Official
Liz Ybarra
Signed Date And Time
10/10/2023 12:32 PM
Page: 22 of 23
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Page: 23 of 23
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1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF VISALIA, CA AND COUNTY OF TULARE, CA 2023 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 30
th day of August 2023 by and between the County of
Tulare, hereinafter referred to as County and the City of Visalia, hereinafter referred to as City, both of Tulare County, State of California with reference to the following:

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the County was allocated by the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for Fiscal Year 2023 Edward Byrne Justice Assistance Grant (JAG) in the amount of $28,908: and
WHEREAS, the City was allocated by the U.S Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for FY 2023 Edward Byrne Justice Assistance Grant in the amount of $43,802: and
WHEREAS, the allocation for City and County is considered a “Disparate Award Amount” by BJA because both the County and City qualify for a direct award, but the award amount for the City is 150% or more than the County award: and
WHEREAS, a joint grant application for the aggregate allocation of $72,710 is required due to the disparate allocation of federal funds: and
WHEREAS, the City and County believe it to be in their respective interests to enter into this Agreement and reallocate the County’s JAG funds to the City for use toward a joint purchase program with the City titled VPD JAG 2023 Joint Purchase Program: and NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1. City will submit a joint grant application on behalf of both the County and City for the aggregate allocation of $72,710.

Section 2. The grant application by the City will state that the funds shall be used for the purchase of fixed mount automatic license plate reader cameras. The cameras will be installed in locations identified as main thoroughfares that would have the most impact on Part One crimes in the City of 147
2 Visalia and in the communities and jurisdictions throughout Tulare County.

Section 3. The City and County agree to assign the City as the fiscal agent that will submit a joint application and follow the guidelines of the JAG 2023 Grant: The City shall be solely responsible for administering the grant, maintaining all required documentation, and submitting all required reporting. The City will comply with all 64 award conditions and sign the Certification and Assurances by the Chief Executive of the Applicant Government as required by the fiscal agent/applicant, signature by Tulare County is not required on this document.

Section 4. Nothing in this Agreement shall be construed to impose any liability for claims against County other than claims for which liability may be imposed under the Tort Claims Act found in the California Government Code.

Section 5. Nothing in this Agreement shall be constructed to impose any liability for claims against City other than claims for which liability may be imposed under the Tort Claims Act found in the California Government Code.

Section 6. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Section 9. The City and the County must abide by state/local policies and procedures regarding governing body review and public comment opportunity.

CITY OF VISALIA COUNTY OF TULARE
City Manager, Leslie Caviglia Chair, Dennis Townsend
Chief of Police, Jason Salazar Sheriff, Mike Boudreaux
APPROVED AS TO FORM:

City Attorney
(Insert TC Counsel Stamp of Approval)
148
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0397 Agenda Date: 11/6/2023 Agenda #: 8.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-10 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant J to Brightview Landscape Services, Inc., of Fresno, CA, for an annual not to exceed amount of $96,232.00.

Deadline for Action: 11/6/2023
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Brightview Landscape Services, Inc., of Fresno, CA, in the amount of $87,482.88 plus a ten percent contingency, per specifications of RFB 22-23-10. The total annual not to exceed amount is $96,232.00.

Background Discussion:

The previous Quadrant J landscape contract expired on May 31, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant J is in the northwestern portion of the City, between N. Akers ST. to the west, W. Riggin Ave. to the north, N. Demaree ST. to the east, and W. Goshen Ave. to the south, and is one of the few Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On August 16, 2023, and August 22, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Tuesday, September 5, 2023, a pre-bid meeting was held in the City Council Chambers. During the prebid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.

On September 19, 2023, the City received bids from four (4) contractors in the Bid Summary below. Brightview Landscape Services, Inc., of Fresno, CA was the qualified low bidder for RFB 22-23-10 Landscape Maintenance of Quadrant J contract.

Visalia City Council Page 1 of 3 Printed on 11/3/2023
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File #: 23-0397 Agenda Date: 11/6/2023 Agenda #: 8.
· Brightview, Fresno, CA $87,482.88 annually
· Elite Maintenance and Tree Service, Clovis, CA $90,203.88 annually · JC’s Land Management, Inc., Kingsburg, CA $116,244.12 annually · Perfect Care Landscape & Maintenance, Tulare, CA $133,546.56 annually With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) Brightview Landscape Services, Inc. currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant J at a “Level A” service.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 22-23-10 Annual Contract for Landscape Maintenance of Quadrant J will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for landscape maintenance of Quadrant J, to Brightview Landscape Visalia City Council Page 2 of 3 Printed on 11/3/2023
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File #: 23-0397 Agenda Date: 11/6/2023 Agenda #: 8.

Services Inc., (RFB 22-23-10) for an annual not to exceed amount of $96,232.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of Quadrant J RFB 22-23-10, Exhibits, Brightview Landscape Services, Inc. signed bid form.

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BID NO. 22-23-10

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-10

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT J
Bid Submittal Deadline:Tuesday, September 19, 2023, at 11:00 A.M.

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia expressly reserves the right to 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 reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected] or via fax (559) 713-4801. All questions must be received by 4:00pm on Friday, Sept. 8, 2023.

Legal Ads 8/16/23 & 8/22/23
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TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance...................................................................................... 11 C. Important Notice................................................................................................... 22 D. Department of Industrial Relations Requirements............................................... 22 E. City of Visalia Labor Compliance Manual............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency.............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate.......................................................................................... 26 E. Examination of Specifications and Site(s) of Work.............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs..................................................................................................... 27 VIII.Protests and Appeals............................................................................................... 27 IX. Award and Execution of Contract........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award............................................................................................... 29 C. References........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 29 A. City-Contractor Relations..................................................................................... 29 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities.................................................................................................... 30 D. Labor.................................................................................................................... 31 E. Use of City Personnel and Equipment................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment................................................................................. 32 C. City’s Right to Withhold Certain Amounts............................................................ 32 D. Extra Work ........................................................................................................... 33 XII. Legal Responsibilities & Special Provisions......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default.............................................................. 34 D. Permits and Licenses........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification............................................................................. 35 153
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J. Public Convenience and Safety........................................................................ 36 K. Safety Orders.................................................................................................... 36 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions.................................................... 38 Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ...............................................................................................39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities.................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Disclosure Forms....................................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification............................................................ 50 Exhibit B-9 Iran Contracting Act Certification............................................................... 51 Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements.................................... 57 Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual
Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS
For the purposes of RFB NO. 22-23-10 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “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. 22-23-10.

II. INTRODUCTION
The City of Visalia is requesting bids for landscape maintenance of an area identified as Quadrant J.

Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 342,427 sq. ft. (7.861 acres) Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

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. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Tuesday, September 5, at 9:00 A.M.

Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected] or via fax: 559-713-4801.

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 155
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The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance contract: Notice is hereby given that this is a Public Works Maintenance Contract.

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects to the Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

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

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 target 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 time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids. 156
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III. INSTRUCTIONS TO BIDDERS

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:

From: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope write or type: Landscape Maintenance Quadrant J RFB NO. 22-23-10

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Assurances, Statements and Questionnaires as well as optional waiver(s) to the City with the sealed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected] or via fax (559) 713- 4801.

Questions regarding this RFB are due no later than 4:00pm on Friday, September 8, 2023.

IV. LANDSCAPE AND LIGHTING MAINTENANCE ACREAGE POLICY
The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants). This policy became effective June 19, 2023.

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and maintain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60-acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an existing landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

This exception will only apply for the duration of the current maintenance contract. 157
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3. Landscape Maintenance contractors are limited to a maximum of 60-acres of territory in the City of Visalia. If a Contractor is not yet at the 60-acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contractor is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60-acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

V. CONTRACT ACCEPTANCE AFTER AWARD
Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

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VI. SCOPE OF WORK/SERVICES
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
• No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
.
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• All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.
• All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.
• All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.

Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.
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Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slowrelease nitrogen source.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.

12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a a $100 penalty per incident or termination of contract if multiple incidents are noted. The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor. b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting 161
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attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Managers shall discuss any penalties to the contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas. a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and 162
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shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Proper solenoid replacement should be completed with dry and tight connections • Minor graffiti removal from irrigation controllers
• Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to 163
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repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.

Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.

The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of materials only. • Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the
City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident. • Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devises to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water. 164
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d. Turf Watering All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the PM.
f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Natural Resource and Conservation Department to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials.
j. Remote Control Receiver: Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the 165
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contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.

Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. • Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
• Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
• Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
• Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes 166
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adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants. a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walk, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.

Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining. 167
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No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Visalia, Corporation Yard for storage.

The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident 168
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complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slowrelease fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to contractor faulty maintenance or negligence shall be determined by the Project Manager.

The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced. 169
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In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines. c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The contractor will perform the work and the City will pay for the contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST plus 10%.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The contractor will perform the work and The City will pay for the contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from contractor. • Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for contractor’s employees to operate equipment.
• All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers. • All mowers must be cleaned prior to each mowing to avoid possible weed invasion. • Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
• Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
• Blades must be kept sharp at all times to prevent turf damage. • Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
• Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
• Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
• Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers 170
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shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and MidNovember of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor will notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus. g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. 171
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Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth. b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e.

Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

Note: If and when using a blower or other power equipment the City’s municipal code

8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m. a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;
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b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IMPORTANT NOTICE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements This contract is considered a public works maintenance 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. 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 submitted after will be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance 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 authorized by Section 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 project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes 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 requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing 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. 173
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❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform 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 Industrial Relations. ❑ As set forth in CLC section 1771.4(a) (2), the prime contractor 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 Labor 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 to 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 contractor 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 wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with 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 section 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 Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount 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 subcontractor 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 contractor 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 certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
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o As set forth in CLC section 1775(b)(2), the contractor shall monitor the 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 failure 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), prior 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 perjury from 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 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) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice 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 applicable apprenticeship 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 prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor 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 penalties assessed for 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 provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be 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 project 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 contractor 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. 175
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❑ 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 Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in 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 apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in 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 E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into This RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VII. GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

B. TERM OF CONTRACT
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 on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.
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C. PRICING
All prices quoted in response to this Invitation 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 incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. 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 prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts 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.

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

E. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. 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, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

F. DISCREPANCIES AND MISUNDERSTANDINGS
No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.

The contractor will bear no liability for any errors that he discovers and reports to the City. 177
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The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

G. BID FORMS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

I. DISQUALIFICATION OF BIDDERS
Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VIII. PROTESTS/APPEALS
Because it is essential that bidders have confidence in the procurement procedures for soliciting 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 in regard to appeals:
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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 aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and

2. Should identify only the areas regarding big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to bidder in writing within five (5) working days of receipt of the appeal unless the bidder is notified more time is required.

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

IX. AWARD AND EXECUTION OF CONTRACT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

The award, if made, will be made within ninety (90) days from bid closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.

4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract 179
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or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.

X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have 180
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control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which time and/or financial considerations are involved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shall be liable for all damage done to any structure arising through his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such improvements. The contractor shall notify the project manager and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

The contractor shall notify the owners of all utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.
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2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a meter, if required by said authority, of a size and type acceptable to said authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor 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 equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. If the remote and keys need to returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized 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 performance of work associated with this contract.
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F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XI. MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:

• Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers. • Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.

The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
• Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
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• When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-2 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear 5% 25% 20% 25% 15% 5%
Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur. • If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
• If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment. • The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.
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XII. LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned in Section E) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
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E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

Without limiting the City of Visalia’s right to indemnification, it is agreed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

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2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this contract shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”
In addition, the commercial general liability and comprehensive automobile liability policies required by this contract shall contain the following clauses:
“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.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under this contract with the City of Visalia.” J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Access. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner. When working in City Right of Way, the Contractor shall comply with the California Department of Transportation, Manual of Uniform Traffic Control Devices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours. Street closures will not be allowed except as specifically permitted by the City and the proper governmental authority. The contractor shall prepare any traffic control or detour plans that may be required as directed by the City of Visalia.

K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and services rendered under this bid complies, as applicable, with the Occupational Safety and Health Act of 1970 (or latest revisions), including all applicable amendments thereof, the State of California Industrial Safety Act, and regulations issued 187
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thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of conflicts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued 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.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at http://www.visaliapurchasing.org.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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T. EXECUTIVE ORDER N-6-22 – Russia Sanctions 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-10, LANDSCAPE MAINTENANCE OF QUADRANT J
In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-10 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into 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 the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipment, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs associated with performing the work described in the bidding documents including all exhibits and attachments.

BIDDER hereby agrees to execute a contract and provide insurance and a performance bond within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

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 the quantities given on the Bid form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly, or impliedly agree that the actual amount of work will correspond therewith and 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 City deems necessary or advisable, at the prices Bid.

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
• Level A service for all areas, or
• Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.

BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Quadrant, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.
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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

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

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT J, PER SPECIFICATIONS OF RFB-22-23-10 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 121,688 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 220,739 X $________/sq. ft. = $_____________ Total Monthly for Level A Service $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager. $__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign ________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 191
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Name of Bidding Agency:____________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________ BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:
10% Bid Guarantee Bond Yes______ No________
Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________ If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

REFERENCES
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
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Name of Bidding Agency:____________________

SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 to 4113 inclusive of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and the approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
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EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of 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 race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for 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 all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 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 information 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 accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, 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 (if any):
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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semiannually, 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 (if any):
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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That we, ___________________________________________________________________________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 22-23-10
Project: Landscape Maintenance of Quadrant J in Visalia, CA NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _______________________________ day of _______________________________, 2023 Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________ Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________ Date:____________________ Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged. 196
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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any 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 his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):

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. 197
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EXHIBIT “B-5”
Submit with Bid
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 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will 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 (if any):
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EXHIBIT “B-6”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-7”
Submit with Bid
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _____________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 200
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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )

TITLE OF PERSON SIGNING
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 Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that 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 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-9”
Submit with Bid

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 202
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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT J
(City of Visalia Bid No. 22-23-10)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “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 desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-10 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing 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 Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. 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.

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
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2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-22-23-10, Landscape Maintenance of Quadrant J, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-10

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-10.

4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation 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 incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. 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 will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts 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. 204
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: _______________ By: _______________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully 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: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 205
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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 206
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 207
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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
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 Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase 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:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, 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 Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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7.416 Acres 342,427 Total Sq. Ft.

Area Description Turf Sq Ft Planter Sq. Ft.

Linwood & Ferguson 4,060 2,800
Los Gatos - 7,570
Oakwood #1 6,420 12,145
Oakwood #2 11,417 13,130
Oakwood #3 4,665 4,760
Oakwood Ranch 3,309 4,700
Serenata 12,148 5,025
Silver Oaks #1 9,350 7,100
Silver Oaks #2 4,810 10,775
Silver Oaks #3 27,810 44,340
Summerfield #1 3,130 5,530
Summerfield #2 15,148 11,279
The Ranch #3 & 4 12,339 20,820
Tumble Rose - 36,180
Valley Palms 7,082 15,235
Kayenta Crossing 19,350
Totals 121,688 220,739

LANDSCAPE MAINTENANCE OF QUADRANT J
Total Square Footage to be maintained:

RFB-22-23-10
EXHIBIT D-1
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Landscape
Maintenance
Areas
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0398 Agenda Date: 11/6/2023 Agenda #: 9.

Agenda Item Wording:

Authorize the City Manager to Award RFB 22-23-13 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant M to JC’s Land Management, Inc., of Kingsburg, CA, for an annual not to exceed amount of $43,065.00.

Deadline for Action: 11/6/2023
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to JC’s Land Management, Inc., of Kingsburg, CA, in the amount of $39,149.76 plus a ten percent contingency, per specifications of RFB 22-23-13. The total annual not to exceed amount is $43,065.00.

Background Discussion:

The previous Quadrant M landscape contract expired on April 30, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant M is in the northcentral portion of the City, between N. Mooney Blvd. to the west, W. Riggin Ave. to the north, N. Dinuba Ave. to the east, and W. Houton Ave. to the south, and is one of several Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On August 23, 2023, and August 29, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Tuesday, September 12, 2023, a pre-bid meeting was held in the City Council Chambers. During the prebid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.

On September 26, 2023, the City received bids from five (5) contractors in the Bid Summary below. JC’s Land Management, Inc., of Kingsburg, CA was the qualified low bidder for RFB 22-23-13 Landscape Maintenance of Quadrant A contract.

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File #: 23-0398 Agenda Date: 11/6/2023 Agenda #: 9.
· JC’s Land Management, Inc., Kingsburg, CA $39,149.76 annually · Brightview, Fresno, CA $42,388.20 annually
· Perfect Care Landscape & Maintenance, Tulare, CA $58,227.72 annually · Elite Maintenance and Tree Service, Clovis, CA $59,759.88 annually · Clean Cut Landscape Management, Clovis, CA $69,219.00 annually With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) JC’s Land Management currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant M at a “Level A” service.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 22-23-13 Annual Contract for Landscape Maintenance of Quadrant M will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for landscape maintenance of Quadrant M, to JC’s Land Management, Visalia City Council Page 2 of 3 Printed on 11/3/2023
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File #: 23-0398 Agenda Date: 11/6/2023 Agenda #: 9.
(RFB 22-23-13) for an annual not to exceed amount of $43,065.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of Quadrant M RFB 22-23-13, Exhibits, JC’s Land Management, Inc. signed bid form.

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-13

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT M
Bid Submittal Deadline:Tuesday, September 26, 2023, at 11:00 A.M.

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia expressly reserves the right to 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 reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected] or via fax (559) 713-4801. All questions must be received by 4:00pm on Friday, Sept. 15, 2023.

Legal Ads 8/23/23 & 8/29/23
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TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance...................................................................................... 11 C. Important Notice................................................................................................... 22 D. Department of Industrial Relations Requirements............................................... 22 E. City of Visalia Labor Compliance Manual............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency.............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate.......................................................................................... 26 E. Examination of Specifications and Site(s) of Work.............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs..................................................................................................... 27 VIII.Protests and Appeals............................................................................................... 27 IX. Award and Execution of Contract........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award............................................................................................... 29 C. References........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 29 A. City-Contractor Relations..................................................................................... 29 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities.................................................................................................... 30 D. Labor.................................................................................................................... 31 E. Use of City Personnel and Equipment................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment................................................................................. 32 C. City’s Right to Withhold Certain Amounts............................................................ 32 D. Extra Work ........................................................................................................... 33 XII. Legal Responsibilities & Special Provisions......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default.............................................................. 34 D. Permits and Licenses........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification............................................................................. 35 239
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J. Public Convenience and Safety........................................................................ 36 K. Safety Orders.................................................................................................... 36 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions.................................................... 38 Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ...............................................................................................39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities.................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Disclosure Forms....................................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification............................................................ 50 Exhibit B-9 Iran Contracting Act Certification............................................................... 51 Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements.................................... 57 Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual
Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS
For the purposes of RFB NO. 22-23-13 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “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. 22-23-13.

II. INTRODUCTION
The City of Visalia is requesting bids for landscape maintenance of an area identified as Quadrant M.

Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 166,185 sq. ft. (3.815 acres) Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

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. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Tuesday, September 12, at 9:00 A.M.

Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected] or via fax: 559-713-4801.

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 241
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The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance contract: Notice is hereby given that this is a Public Works Maintenance Contract.

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects to the Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

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

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 target 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 time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids. 242
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III. INSTRUCTIONS TO BIDDERS

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:

From: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope write or type: Landscape Maintenance Quadrant M RFB NO. 22-23-13

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Assurances, Statements and Questionnaires as well as optional waiver(s) to the City with the sealed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected] or via fax (559) 713- 4801.

Questions regarding this RFB are due no later than 4:00pm on Friday, September 15, 2023.

IV. LANDSCAPE AND LIGHTING MAINTENANCE ACREAGE POLICY
The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants). This policy became effective June 19, 2023.

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and maintain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60-acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an existing landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

This exception will only apply for the duration of the current maintenance contract. 243
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3. Landscape Maintenance contractors are limited to a maximum of 60-acres of territory in the City of Visalia. If a Contractor is not yet at the 60-acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contractor is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60-acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

V. CONTRACT ACCEPTANCE AFTER AWARD
Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summery of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting. 244
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VI. SCOPE OF WORK/SERVICES
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
• No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
.
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• All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.
• All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.
• All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.

Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.
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Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slowrelease nitrogen source.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.

12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a a $100 penalty per incident or termination of contract if multiple incidents are noted. The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor. b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting 247
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attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Managers shall discuss any penalties to the contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas. a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and 248
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shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Proper solenoid replacement should be completed with dry and tight connections • Minor graffiti removal from irrigation controllers
• Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to 249
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repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.

Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.

The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of materials only. • Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the
City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident. • Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devises to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water. 250
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d. Turf Watering All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the PM.
f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Natural Resource and Conservation Department to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials.
j. Remote Control Receiver: Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the 251
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contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.

Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. • Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
• Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
• Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
• Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes 252
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adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants. a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walk, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.

Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining. 253
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No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Visalia, Corporation Yard for storage.

The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident 254
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complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slowrelease fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to contractor faulty maintenance or negligence shall be determined by the Project Manager.

The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced. 255
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In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines. c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The contractor will perform the work and the City will pay for the contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST plus 10%.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The contractor will perform the work and The City will pay for the contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from contractor. • Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for contractor’s employees to operate equipment.
• All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers. • All mowers must be cleaned prior to each mowing to avoid possible weed invasion. • Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
• Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
• Blades must be kept sharp at all times to prevent turf damage. • Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
• Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
• Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
• Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers 256
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shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and MidNovember of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor will notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus. g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. 257
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Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth. b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e.

Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

Note: If and when using a blower or other power equipment the City’s municipal code

8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m. a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;
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b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IMPORTANT NOTICE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements This contract is considered a public works maintenance 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. 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 submitted after will be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance 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 authorized by Section 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 project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes 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 requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing 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. 259
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❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform 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 Industrial Relations. ❑ As set forth in CLC section 1771.4(a) (2), the prime contractor 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 Labor 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 to 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 contractor 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 wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with 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 section 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 Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount 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 subcontractor 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 contractor 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 certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
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o As set forth in CLC section 1775(b)(2), the contractor shall monitor the 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 failure 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), prior 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 perjury from 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 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) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice 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 applicable apprenticeship 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 prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor 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 penalties assessed for 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 provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be 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 project 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 contractor 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. 261
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❑ 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 Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in 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 apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in 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 E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into This RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VII. GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

B. TERM OF CONTRACT
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 on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.
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C. PRICING
All prices quoted in response to this Invitation 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 incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. 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 prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts 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.

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

E. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. 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, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

F. DISCREPANCIES AND MISUNDERSTANDINGS
No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.

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The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

G. BID FORMS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

I. DISQUALIFICATION OF BIDDERS
Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VIII. PROTESTS/APPEALS
Because it is essential that bidders have confidence in the procurement procedures for soliciting 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 in regard to appeals:
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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 aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and

2. Should identify only the areas regarding big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to bidder in writing within five (5) working days of receipt of the appeal unless the bidder is notified more time is required.

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

IX. AWARD AND EXECUTION OF CONTRACT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

The award, if made, will be made within ninety (90) days from bid closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.

4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract 265
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or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.

X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have 266
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control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which time and/or financial considerations are involved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shall be liable for all damage done to any structure arising through his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such improvements. The contractor shall notify the project manager and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

The contractor shall notify the owners of all utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.
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2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a meter, if required by said authority, of a size and type acceptable to said authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor 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 equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. If the remote and keys need to returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized 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 performance of work associated with this contract.
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F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XI. MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:

• Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers. • Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.

The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
• Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
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• When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-2 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear 5% 25% 20% 25% 15% 5%
Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur. • If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
• If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment. • The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.
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XII. LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned in Section E) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
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E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.