Agenda packet — Visalia City Council, February 20, 2024 (part 2 of 2)

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 417
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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. The remote and keys need to be 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-1 (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 above) 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:

1. Workers’ Compensation insurance as required by California statutes. 423
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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 424
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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 www.visalia.city.

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-22-23-06, LANDSCAPE MAINTENANCE OF QUADRANT E
In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-06 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 E, PER SPECIFICATIONS OF RFB-22-23-06 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 160,077 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 205,848 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: __________________________________ 428
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
41 of 58
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.
429
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
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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 #
430
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
43 of 58
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):
431
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
44 of 58
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):
432
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
45 of 58
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. 22-23-06
Project: Landscape Maintenance of Quadrant E 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. 433
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
46 of 58
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. 434
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
47 of 58
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.

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
48 of 58
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.

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
49 of 58
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 437
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
50 of 58
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.
438
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
51 of 58
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. 439
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
52 of 58
EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT E
(City of Visalia Bid No. 22-23-06)
This Agreement, entered into and effective this ________ day of ________________, 2024 [“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. 22-23-06 (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.
440
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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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-22-23-06, Landscape Maintenance of Quadrant E, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-06

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. 22-23-06.

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. 441
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
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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. 442
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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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. 443
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
56 of 58
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. 444
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
57 of 58
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.
445
BID NO. 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT E
58 of 58
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
446
RFB 22-23-06
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant E Page 1 of 3 City of Visalia, CA Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 REQUEST FOR BIDS RFB 22-23-06

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT E ADDENDUM NO. 1
Issued: Wednesday, January 24, 2024
Bids Due: Wednesday, January 31, 2024 at 2:00 P.M.

This Addendum is being issued to provide responses to questions and provide updated wages. This addendum becomes part of the RFB 22-23-06 document and must be signed and submitted with bid.

ITEM 1: QUESTIONS/RESPONSES
Q1. Is the work/ maintenance request for quadrant E subject to prevailing wage, meaning high rate pay or we are using (Determination N/C-LML-2023-1) which is similar to normal labor rates with some exceptions? Response: Work being performed under RFB 22-23-06 Landscape Maintenance of Quadrant E is subject to prevailing wage per DIR’s Determination NC-LML-2023- 01 as indicated in Exhibit D-5.

Q2. Can I have access to the award results of QJ, QM, and QC? Response: Please see the following tables:

Quadrant J – Awarded to BrightView Landscape Services
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 $0.025543/ sq. ft. = $3,108.28
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
220,739 X $0.018946/ sq. ft. = $4,182.12
Total Monthly for Level A Service $7,290.40
Quadrant M – Awarded to JCS Land Management
Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)
X Unit Cost
(Monthly)
= Monthly Price
Turf (including irrigation
maintenance)
61,025 X $0.019/ sq. ft. = $1,159.48
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
105,150 X $0.020/ sq. ft. = $2,103.00
Total Monthly for Level A Service $3,262.48
447
RFB 22-23-06
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant E Page 2 of 3 Quadrant C – Awarded to Perfect Care
Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)
X Unit Cost
(Monthly)
= Monthly Price
Turf (including irrigation
maintenance)
318,030 X $0.0171/ sq. ft. = $5,438.31
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
252,813 X $0.0171/ sq. ft. = $4,323.10
Total Monthly for Level A Service $9,761.41
Q3. Is a D49 Contractors license sufficient to bid on this project? Response: Unfortunately, a D-49 is for tree maintenance and would not be sufficient for this project.

Q4. What was the prior award amount? Response: The current pricing is listed below. The current contract is a temporary month to month contract and the scope of work (services) are not the same as the scope of work for RFB 22-23-06, which includes updated scope of work and additional square footage for planter.

Quadrant E – Temporary Month to Month Contract Awarded to Clean Cut Landscape Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)
X Unit Cost
(Monthly)
= Monthly Price
Turf (including irrigation
maintenance)
160,077 X $0.0169/ sq. ft. = $2,705.30
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
166,661 X $0.0169/ sq. ft. = $2,816.57
Total Monthly for Level A Service $5,521.87
Q5. Would you please let me know what other requirements other than a C-27 license there are? Response: Please refer to page 34 of the bid document under Permits and Licenses.

Q6. Could you please clarify which areas represent:
1: 0099 Island Oaks Response: Island Oaks in the listing is the same as Island Oaks 1 on the map. 2: 0099 Silver Creek Response: Silver Creek is the LL0099 portion of Silver Creek estates that includes the landscape along Ben Maddox between Ben Maddox Ave. and the sidewalk. Silver Creek Estates LL9008 is from the sidewalk to the block wall. 3: 0099 Village Park Estates - Buena Vista to Margalo Response: This is the landscape along the east side of Burke south of Buena Vista to the ponding basin at Margalo.

Q7. Can you please let me know what are they getting paid now? Response: Please see response to Question 4.
448
RFB 22-23-06
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant E Page 3 of 3 ITEM 2: UPDATED PREVAILING WAGES
Prevailing wages were checked on January 22, 2024. There were no updates to the state wages. State wages originally posted with this RFB remain in effect.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid

Firm: Date:

By:

Bidder’s Signature
449
RFB 22-23-06
LL# Turf Sq Ft Shrub Sq Ft Acreage
0099 Aspen Village 4,605 698 0.12174
0099 Charter Oak #1-#4 9,517 1,242 0.246993
0099 East Glen #1 6,835 1,009 0.180073
0099 East Glen #2 5,993 756 0.154936
0402 Four Creeks Est #1 4,280 23,560 0.639118
0613 Four Creeks Est #2 4,940 30,978 0.824564
0099 Island Oaks 9,200 - 0.211203
8808 Island Oaks #1-#3 19,250 8,173 0.629545
0099 Island Oaks #4 10,576 3,244 0.317264
8808 Island Oaks #4-#5 5,540 7,093 0.290014
8808 Island Oaks #5 3,900 3,596 0.172084
0099 Island Oaks Median #4-#5 - 7,384 0.169513
0099 Orchard Walk - 37,892 0.869881
9404 Riverbend #1 7,360 2,005 0.214991
9404 Riverbend #2 5,460 3,960 0.216253
0703 Riverbend #8 & #9 30,828 0.707713
0099 Silver Creek 2,154 3,912 0.139256
9008 Silver Creek Estates 1,640 2,128 0.086501
0099 St. Johns by the River 7,028 1,008 0.184481
0099 St. Johns Estates, St. John Pkwy to Edison 2,583 5,104 0.176469 0099 St. Johns Pwy, Median, Edison - Ben Maddox - 9,595 0.220271 0099 St. Johns Pkwy, Med, E/S of Ben Mad - Gowdy - 6,336 0.145455 0099 St. Johns Pkwy, Median, Edison - Ben Maddox - 2,092 0.048026 0099 Village Oaks 2,970 2,200 0.118687
0099 Village Park Estates 4,369 - 0.100298
0099 Village Park Estates - Buena Vista to Margalo 1,295 0.029729 0328 Visalia Community Campus 33,157 4,895 0.873554
9014 Willow Brook 8,720 2,125 0.248967
0611 Summers Place 2,740 0.062902
2022-23 L & L Scope of Work Totals 160,077 205,848 8.4
365,925
Landscape Maintenance of Quadrant E
Exhibit D-1
Total Square Footage to be maintained:
450
R
iverbend#1
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NEIGHBORHOOD
MODOC
N Court St
N D ni uba B vl d
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N Mora Ct
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N Clay Ct
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ilroad
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basins
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DistrictE
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Island Oaks 1
Village Oaks
Aspen Village
East Glen #2
St. Johns By The River
Charter Oak 1-4
Village Park Estates
Willow Brook East Glen #1
Island Oaks 5
Island Oaks 3
St Johns Parkway
St Johns Parkway St Johns Parkway
Four Creeks Estates
Four Creeks Est. #2
Island Oaks 1-3
Island Oaks Median 4-5 Island Oaks 4
St Johns Estates
Silver Creek Estates

OPEN SPACE

NEIGHBORHOOD
MODOC
UPHILL

ST JOHN'S RIVER
UPHILL
N Burke St
N Cain St
E St Johns Pkwy
Rd 132
N Br di ge St
N Ben Maddox Way
N St Johns Pkwy
E Vine Ct
E Buena Vista Ave
E Harold Ave
E Margalo Ave
E Atkins Ave
E Wren Ave
N
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St
E Ferguson Ave
E Dove Ave
N L bi erty St
E Modoc Ave
N He mr osa St
N Thomas St E Lark Ave
E Riverbend Ct
E Chavez Ave
N Ed si on Ct
E Woodsville Dr
E Prospect Ave
N Mora Ct
E Sunnyview Ave
N Bradley St
N T pi ot n St
E Oakridge Ave
E Robin Ave
E Prospect Ct
E Margalo Ct
E Babcock Ave
E Babcock Ct
E Atkins Ct E Parker Ct
E Vine Ave
N Char et r Oak Ct
E Dove Ct
E Buena Vista Ct
N C al y Ct
E Ferguson Ct
E Andrea Ct
E Modoc Ct
E Trinidad Ave
N Br di ge St
E Buena Vista Ave
E Ferguson Ave
N T pi ot n St
E Vine Ct
E Buena Vista Ave
E Sunnyview Ave
N Bradley St
E Oakridge Ave
E Oakridge Ave
MODOC
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UPHILL
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NW 3rd Ave
N West St
N Court St
Pearl St
NW 2nd Ave
NW 5th Ave
Strawberry St
NW 4th Ave
Granite St NE 5th Ave NE 4th Ave
Strawberry St
0250500F
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DistrictE
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C i t y o f V i s a l i a L & L D i s t r i c t E
454
N
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W Shannon Pkwy E Shannon Pkwy
E Porter Ave
N
Court St
E Sedona Ave
N
Church St
E Shannon Pkwy
E Porter Ave
N
Garden St
N
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E Sedona Ave
N
Garden St
N
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St
N
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E Shannon Pkwy
N
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E Brooke Ave
N
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N
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St
Orchard Walk
City of Visalia
Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
8/28/2023, 12:53:17 PM
0 0.02 0.04 0.08 mi
0 0.03 0.07 0.13 km
1:2,257
455
Area: 710.1 Square feet
Area: 108.1 Square feet
Area: 194.4 Square feet
Area: 282 Square feet
N
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Burke St
City of Visalia
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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%
473
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0039 Agenda Date: 2/20/2024 Agenda #: 8.

Agenda Item Wording:

Authorization for TRATT Software Licenses - Authorize the City Manager to accept and appropriate $40,205 from the Tulare County AB286 Auto Theft Fund and award a 46-month sole source contract with Axon Enterprise Inc. to provide the Tulare Regional Auto Theft Task Force (TRATT) with four (4) software licenses for Automatic License Plate Readers (ALPR).

Deadline for Action: 2/20/2024
Submitting Department: Police Department
Contact Name and Phone Number:

Chief of Police Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>;
Sergeant Clay Moffett, ext. 4240, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the City Manager to award a sole source contract for a 46-month service contract with Axon Enterprise Inc. in the amount of $40,205 to provide the Tulare County Auto Theft Task Force through the Visalia Police Department with four (4) software licenses for Automatic License Plate Readers (ALPR) to outfit the Tulare County Regional Auto Task Force (TRATT) funded through Tulare County AB286 Auto Theft Funds.

Summary:

On September 14, 2023, the Tulare County Chief’s Association authorized $45,194.78 in AB286, AB183, and DMV funds to be allocated to outfit four (4) Tulare County Regional Auto Task Force (TRATT) vehicles with Axon Fleet 3 ALPR camera systems.

On March 21, 2022, the Council approved the purchase of 133 AXON Fleet 3 ALPR camera systems, to replace the obsolete ICOP camera systems. Funding for this project came from the American Rescue Plan Act (ARPA) funds. The installation of 133 AXON Fleet 3 ALPR camera system in marked patrol cars has been completed in multiple phases, and the remaining installations will be completed by January 2027, coinciding with scheduled vehicle replacements. The activation of the ALPR Licenses will follow the same installation schedule.

A second amendment to the AXON service contract (C22053) to purchase a single ALPR License was completed for the unmarked vehicle in the Department’s fleet assigned to TRATT. This additional purchase of one AXON Fleet 3 ALPR camera system for the TRATT vehicle could not be included in the same contract as the 133 ALPR licenses. A separate contract for the TRATT vehicle separated the expenditure since funding for this vehicle came from sources under AB286.

The remaining four (4) unmarked TRATT vehicles need to be outfitted with the AXON Fleet 3 ALPR Visalia City Council Page 1 of 3 Printed on 4/26/2024
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File #: 24-0039 Agenda Date: 2/20/2024 Agenda #: 8.

The remaining four (4) unmarked TRATT vehicles need to be outfitted with the AXON Fleet 3 ALPR camera systems. Outfitting these remaining vehicles will provide the auto theft unit with a two-lens camera system that includes a forward-facing camera with a wide-angle view to capture and record activity to the front of the vehicle. Axon Fleet 3 can also function as an ALPR system due to the front camera being equipped with an additional lens that is capable of scanning and reading vehicle license plates in a range up to 50 feet in front of the vehicle and at an angle of 60 degrees from the camera. The ALPR software reads license plates and can identify vehicle license plates and compare them to license plates that have been entered into the Stolen Vehicle System (SVS), the National Crime Information Center (NCIC), or manually entered as a wanted vehicle by the Department.

All AXON hardware currently installed in the vehicles would require the use of Axon software and could not be transferred to another provider. The Department would be required to purchase additional hardware and software to utilize a different service. By utilizing Axon, the Department would be able to activate this service immediately upon purchase while utilizing the existing operating system software provided by Axon (Evidence.com). This tool will be significant in helping the Department increase the rate of criminal apprehension and vehicle recoveries related to vehicle theft and violent crime.

Background Discussion:

During the review and evaluation of AXON Fleet 3, the Department was able to test the ALPR and immediately discovered the benefits it would have towards locating stolen vehicles and reducing auto -theft rates. In 2023, the Department had reported a 7% increase in auto-theft compared to the prior year and the geographic region in the Central Valley or California has historically and consistently experienced one of the highest auto-theft rates in the nation. Since te City initiated the trial and evaluation with ALPR, there has been an increased stolen vehicle recovery rate of 414% from the same reporting period in 2021. In the four-weeks of evaluation (only two of which had full deployment of 88 systems), the City’s Police Department recovered 21 stolen vehicles utilizing ALPR, accounting for 58% of the total recoveries.

AXON Fleet 3 ALPR works by identifying vehicle license plates that have been entered into the Stolen Vehicle System, National Crime Information Center, or manually entered by sworn officers within the Department. The cameras that are currently installed in the patrol cars capture the license and plate and compare the plate to a “hotlist” of stolen or wanted vehicles. This analysis will provide a result and notify the officer in approximately one second. Since we currently use AXON Fleet 3, an ALPR would require no additional software or hardware installation. The service is already activated for additional evaluation with the permission of Axon. Because the hardware have installed is proprietary, there is no other system that can be used without requiring the installation of additional hardware or software.

Fiscal Impact:

Appropriate a total of $40,205 in AB286 Funds. State Anti-Auto Theft Funds will reimburse the General Fund. State Auto Theft Funds are disbursed by the State of California to the County of Tulare with the Tulare County District Attorney’s Officer serving as the fiscal agent for Tulare County.

These funds are identified in the General Fund under 2104/T21001. Auto Theft Funds can only be used for personnel and equipment for the purpose of prevention and suppression of auto theft. The State of California passes on a portion of DMV registration fees to the County, to be used specifically for auto theft prevention and suppression.

Visalia City Council Page 2 of 3 Printed on 4/26/2024
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File #: 24-0039 Agenda Date: 2/20/2024 Agenda #: 8.

Projected Auto Theft Funds available as follows:

Description Quantity Unit Cost Extended Cost
ALPR Camera 4 $9,734.60 $38,938.40
Tax $1,265.82
Total $40,204.22
The attached quote falls under the same Axon Master Services and Purchasing Agreement signed by the City Manager on March 30, 2022. The first amendment to the contract added 133 ALPR licenses and the second amendment added one (1) ALPR license. A third amendment to contract C22053 will be processed to add these four (4) ALPR licenses.

Prior Council Action: AXON MAV contract approved on March 21, 2022, for installation of 133 units.

Other: N/A
Alternatives: Not to move forward with the contract.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to accept and appropriate $40,205 from the Tulare County AB286 Auto Theft Fund and award a 46-month sole source contract with Axon Enterprise Inc. to provide the Tulare Regional Auto Theft Task Force (TARTT) with four (4) software licenses for Automatic License Plate Readers (ALPR).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Axon Quote.

Visalia City Council Page 3 of 3 Printed on 4/26/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0042 Agenda Date: 2/20/2024 Agenda #: 9.

Agenda Item Wording:

Alley Abandonment North of Meadow Ave - Request authorization to adopt Resolution No. 2024-03, ordering the summary vacation and abandonment of the alleyway owned by the City of Visalia dedicated under the subdivision map, Beverly Glen and reserving a public utility easement (APNs: 096-023-031 & 096- 023-023).

Deadline for Action: N/A
Submitting Department: Community Development
Contact Name and Phone Number: Keyshawn Ford, Assistant Engineer, [email protected] <mailto:[email protected]>, (559)713,4268, Lupe Garcia, Acting City Engineer, [email protected] <mailto:[email protected]>, (559)713-4197, Jason Huckleberry, Engineering and Building Director, [email protected] <mailto:[email protected]>, (559)713-4495
Department Recommendation:

Staff recommends that City Council adopt Resolution No. 2024-03, ordering the summary vacation and abandonment of the alleyway dedicated under the subdivision map, Beverly Glen, and the reservation of a public utility easement, without the need of a public hearing.

Background Discussion:

The Beverly Glen subdivision was recorded June 13, 1949 and spans Meadow Avenue to Beverly Drive between Mooney Boulevard and Divisadero Street as shown in Exhibit “A”. The alleyway between Lots 12, 13 and 14, approximately 150’ in length, was dedicated to the City to allow access to the public utilities located in the area.

The current property owner, Ming Lu, is developing on all three lots. As approved by the Visalia Planning Commission, the project is modifying the boundaries of the commercial property to provide additional parking spaces, while still leaving a vacant residential lot between the revised commercial space and the existing home to the east. A copy of the site plan, Exhibit B, is attached for reference. Phase 1 of the project proposes a portion of the building be developed as the Tiger Tea House and the remaining shell be dedicated for future retail or restaurant space.

While there are existing public utilities within the area of the alleyway being abandoned by the City, those utilities will not be affected due to the reservation of a public utilities easement and the future parking lot will not interfere with access to said public utilities.

The vacation and abandonment of the alleyway meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate right of way under any of the following circumstances stated in Section 8334 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Visalia City Council Page 1 of 3 Printed on 4/26/2024
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File #: 24-0042 Agenda Date: 2/20/2024 Agenda #: 9.

Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:
a) An excess right-of-way of a street or highway not required for street or highway purposes. b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.

Under paragraph “a” of the referenced California Streets and Highways Code, the alleyway is in excess and not required for street or highway purposes, therefore, it can be vacated. The alleyway is not accessible from the properties to the north, but it is adjacent to the two northern properties, specifically the back fence and landscaped parking area of the restaurant to the north, therefor only Section 8334(a) applies. The alley is no longer necessary for street purposes since the properties to the north have been fully built out and it is no longer viable for the alley to be extended in the future. Furthermore, based on the configuration of the area it would not be recommended for the City to incur costs maintaining this space. Continuing to hold the public right of way serves no municipal purpose if a public utility easement can continue over the same area since the parking lot and public utility easement can utilize the same space.

As stated in Section 8340 under Chapter 5 (Reservation and Preservation of Easements), in proceeding to vacate a street or highway the City can reserve public utilities easements:
a. A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. b. A local agency may reserve and except from vacation an easement for a future street or highway unless the local agency finds that the street or highway is unnecessary for prospective public use. c. If there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities.
d. A public entity may reserve and except from the vacation or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.

Under paragraphs “a” and “c” of the referenced California Streets and Highways Code, since there are public utilities in use, an easement may be reserved to maintain, operate, replace, remove, or renew said public utility facilities. City staff are requesting a reservation for public utility facilities over the current alleyway.

Fiscal Impact:

None
Prior Council Action: Resolution No. 2022-46 and the associated General Plan Amendment (GPA) No. 2021-10, approved by Council on August 1, 2022, changed the land use designation on a portion of Lot 12 from Low Density Residential (RLD) to Commercial Mixed Use (CMU). The Change of Zone (COZ) Ordinance No. 2022-11 and the associated COZ No. 2021-12, approved by Council on August 15, 2022, changed the Visalia City Council Page 2 of 3 Printed on 4/26/2024
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File #: 24-0042 Agenda Date: 2/20/2024 Agenda #: 9.
zoning designation on a portion of Lot 12 from Single-Family Residential to Mixed Use Commercial.

Resolution No. 2021-57 and the associated Variance No. 2021-05 was approved by the Planning Commission on June 27, 2022, with one of the underlying conditions being the vacation of the alleyway.

Other: N/A
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the adoption of Resolution No. 2024-03, ordering the summary vacation and abandonment of the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision and reservation of a public utility easement.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1) Resolution No. 2024-03
2) Location Map
3) Exhibit A - Beverly Glen Final Map
4) Exhibit B - Tiger Tea Site Plan
Visalia City Council Page 3 of 3 Printed on 4/26/2024
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RESOLUTION NO. 2024-03

RESOLUTION ODERING THE

SUMMARY VACATION AND ABANDONMENT
OF THE ALLEYWAY BETWEEN LOTS 12, 13, AND 14 OF BEVERLY GLEN SUBDIVISION

AND RESERVING AND EXCEPTING FROM THE VACATION A PUBLIC SERVICE

EASEMENT
WHEREAS, The City of Visalia, State of California, owns the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision, recorded in Volume 20 of Maps, at Page 46, Tulare County Records, that has been determined to be excess right-of-way of a street or highway not required for street or highway purposes; and
WHEREAS, The City of Visalia, State of California, owns the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision, recorded in Volume 20 of Maps, at Page 46, Tulare County Records, and there are in-place public utility facilities that are in use in; and WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code; and
WHEREAS, the summary vacation requirement has been met, pursuant to §8334(a) of the California Streets & Highways Code; and
WHEREAS, the reservation of easement proceedings are to be conducted pursuant to the provisions in § 8340 – 8349, Chapter 5 of Part 3, Division 9, entitled “Reservation and Preservation of Easements,” of the State of California Streets & Highways Code; and WHEREAS, there are in-place public utility facilities that are in use in the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision, the public convenience and necessity require the City to reserve and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities, pursuant to §8340(c) and §8341(a) of the California Streets & Highways Code.

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Council of the City of Visalia hereby orders the summary vacation and abandonment of the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision.

2. A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of these public service easements by having met at least one of the following cases described in California Streets and Highways Code Section 8334:
a. An excess right-of-way of a street or highway not required for street for highway purposes.
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b. A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.

3. From and after the date this resolution is recorded, the alleyway is vacated and abandoned, and no longer constitutes a street or highway.

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Council of the City of Visalia hereby orders the reservation and excepts from the vacation, a public service easement.

2. In proceeding to vacate a street or highway, a public entity may reserve an easement having met at least one of the following cases described in California Streets and Highways Code Section 8340:
a. A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
b. A local agency may reserve and except from vacation an easement for a future street or highway unless the local agency finds that the street or highway is unnecessary for prospective public use.
c. If there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities. d. A public entity may reserve and except from the vacation or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.
493

3. From and after the date this resolution is recorded, a public service easement over the current alleyway is reserved and excepted from the summary vacation.

PASSED AND ADOPTED: Month __, 2024 Leslie B. Caviglia, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2024-03 passed and adopted by the Council of the City of Visalia at a regular meeting held on February 20, 2024.

Dated: Leslie B. Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk
494
495
GSPublisherVersion 154.95.95.100
Sheet :

REVISED :

DATE :

JOB # :

SCALE :
4412 W. FERGUSON
VISALIA, CA. 93291
(559) 732-9236
FAX: 732-5836 A NEW PROJECT FOR:
914 S. MOONEY BLVD, VISALIA, CA 93277

AS NOTED
21-008

ARCHITECTS TIGER TEA HOUSE
3-2-23 7-31
R
.

U -
O
G
E
H
R
E
N
EY
C
No. C-22781 N Mc N C A I FO
AI T
TEC I

NE IC L
OF
C
ALI
STATE
RN
ED
A
H
S
R
C 23
A-1
3/2/23
3 A-1.1
7' 18' 25' 17' 4' 17' 25' 18' 5'-6" 7 1/2"
148'
(E) ALLEY TO

BE ABANDONED
101'-6" 25' 38' 25'

NEW DRIVE APPROACH
±24'-1 1/2"
2' 5'
12' VAN

ACCESSIBLE
5'
AISLE
9'

ACCESSIBLE
12' EVCS
VAN
6' 9' EVCS

STANDARD
(FUTURE EV CHARGING)
(FUTURE EV CHARGING) (FUTURE EV CHARGING)
(E) OVERHEAD POLE
(E) OVERHEAD POLE
(E) OVERHEAD
ELECTRICAL & TEL.
(N) 7' BLOCK WALL
(N) 7' BLOCK WALL

TRASH ENCLOSURE
2-BIKE CAPACITY
RACK
MEADOW AVE.

MOONEY BLVD.

SITE PLAN
SCALE: 1" = 10'-0"
north

PARKING CALCULATION
REQUIRED PARKING:

TEA SHOP:
1,498 S.F. / 150 = 10
RESTAURANT / RETAIL:
4,549 S.F. / 150 = 30.3
41 STALLS REQUIRED
PROVIDED PARKING:

STANDARD STALLS 27
COMPACT STALL 5
ACCESSIBLE VAN 1
ACCESSIBLE STANDARD 1
EV CAPABLE 6
EVCS VAN 1
EVCS STANDARD 1
STALLS PROVIDED 42

OPERATIONAL STATEMENT
THIS PROJECT IS A REMODEL OF AN EXISTING COMMERCIAL BUILDING.

THE USES WILL BE A 2,192 SQUARE FOOT TEA HOUSE, 3,658 S.F. OF SHELL RETAIL/RESTAURANT SPACE.

THE TEA HOUSE WILL BE OPEN FROM 11:00AM TO 9:00PM AND HAVE 2 EMPLOYEES. THE RETAIL SPACES DO NOT HAVE TENANTS AT THIS TIME.

WE WILL BE REQUESTING A VARIANCE TO ALLOW FOR 198 S.F. OF NEW BUILDING TO BE ALLOWED IN THE SIDE YARD SETBACK. THIS ADDITIONAL SPACE IS THE CONTINUATION OF THE EXISTING BUILDING LINE.

PHASE 1

COMPACT

RESIDENTIAL LOT

COMPACT

OPEN SHELL
10,065 S.F.
1,498 S.F.

W/H

EV CHARGING
ONLY
NO

PARKING
NO

PARKING

EV CHARGING
ONLY
496
Alleyway Between Lots 12, 13
and 14 of Beverly Glen Subdivision
Ncarmap US, Esri, CGTAR, USGS
2024
Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere N
A
0 IIIIIIIIIC:::::::Jlllll..:::::::j 65 130
Feet
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0044 Agenda Date: 2/20/2024 Agenda #: 10.

Agenda Item Wording:

Purchase of Five (5) CNG-Powered Solid Waste Trucks Authorize the City Manager to award a purchase order to E.M. Tharp of Porterville, CA for the purchase of five (5) CNG-powered solid waste trucks through the Sourcewell Cooperative contract in the amount of $2,466,220 and appropriate an additional $558,720 from the Solid Waste Enterprise Fund (441).

Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number:

Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award a purchase order to E.M. Tharp Inc. of Porterville, CA for the purchase and delivery of five (5) CNG-powered solid waste trucks in the amount of $2,466,220 and appropriate an additional $558,720 from the Solid Waste Enterprise Fund (441).

Background Discussion:

In accordance with the replacement schedule set by the City’s Capital Improvement Program, the Solid Waste Division within the Public Works Department is seeking the authorization to replace five (5) solid waste trucks that were included in the FY 23/24 Budget. The type and quantity of trucks to be replaced are as follows:
(5) Residential Side Loader (VH0257)
In the past, the City has utilized Congested Mitigation & Air Quality (CMAQ) funds to supplement costs to purchase Compressed Natural Gas (CNG) solid waste vehicles. Over the past 3 years, staff has recommended and purchased diesel-powered trucks in order to diversify the fleet and lower the costs of operation. The goal of fleet diversification was to bring the fleet to a diesel to CNG ratio of 25% diesel power and 75% CNG power. This ratio has been achieved. Staff is now recommending the new purchases revert back to CNG powered trucks to be able to continue utilizing the CNG fuel line.

E.M. Tharp is the Peterbilt chassis dealer in the area and will coordinate with Ruckstell, Inc. out of Fresno, CA to install the truck bodies. Ruckstell is the only Heil and New Way body dealer in the Central Valley and also has a Sourcewell Cooperative contract.

Sourcewell Cooperative Purchasing helps the City save time and money by purchasing from ready-to -use, competitively solicited contracts. Cooperative Purchasing is “Procurement conducted by, or on Visalia City Council Page 1 of 3 Printed on 4/26/2024
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File #: 24-0044 Agenda Date: 2/20/2024 Agenda #: 10.
-use, competitively solicited contracts. Cooperative Purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units,” as defined by the American Bar Association Model Procurement Code for State and Local Governments. Sourcewell streamlines the purchasing process by developing Requests for Purchase for national competitive solicitations that meet or exceed local requirements. Because E.M. Tharp is the Peterbuilt dealer in Tulare County, and Peterbuilt Trucks are already competitively bid by Sourcewell, the City is able to utilize that contract to obtain the Sourcewell price. This helps the City maintain a uniform fleet by using the same truck and body manufacturers available through a local dealer, thus keeping maintenance costs down for fleet maintenance and repair.

The Visalia Solid Waste Division operates a fleet of 61 trucks, including: (19) commercial front-load trucks, (5) roll-off trucks, and (37) residential side-load trucks. The current replacement program for a solid waste truck is 10 years. As mentioned previously, the five trucks being replaced were included in the FY 23/24 budget. Once they are replaced, the trucks will have been in operation for 12 years.

Over the last five fiscal years, the Solid Waste Division has replaced (45) refuse trucks, thus improving the City’s fleet to more current standards and greater operational efficiency and effectiveness. The replacement schedule that pertains to this report and for the future is as follows:

FY 23/24: (5) trucks
FY 24/25: (5) trucks
FY 25/26: (6) trucks
After FY25/26, all Solid Waste trucks will have gone through a recent replacement cycle, and the new replacement cycle would begin anew in FY31/32.

Carbon footprint:

Without going electric, the current Cummins Westport CNG engine is the lowest Nitrogen Oxide (NOx) producing engine for solid waste collection vehicles. The Valley Air Pollution District states that these engines burn ten times cleaner than the older CNG engines that the City will be replacing.

Continuing with the environmental landscape, the Solid Waste department understands the impact of current legislation regarding zero emissions. There is current availability for the purchase of electric solid waste trucks, but staff does not feel confident in the ability of the solicited equipment to be able to efficiently complete a day’s route. Coupled with a non-existent electric infrastructure, staff does not recommend this type of purchase at this time.

Looking to the future, the department will be researching different options that may present themselves, including hydrogen fueled trucks. Along with electric funding that may be utilized, the future zero-emission landscape should be able to be navigated.

Fiscal Impact:

The City's Capital Improvement Plan included $1,907,500 to purchase 5 trucks for the fiscal year 23/24 (VH0257). This price of one truck is now $493,244, leaving a shortfall of $558,720 for 5 trucks.

CIP Project #
Total Amount
Budgeted FY 23/24 Order Shortfall/Surplus
VH0257 $1,907,500 $2,466,220 ($558,720) Visalia City Council Page 2 of 3 Printed on 4/26/2024 powered by Legistar™499
File #: 24-0044 Agenda Date: 2/20/2024 Agenda #: 10.

CIP Project #
Total Amount
Budgeted FY 23/24 Order Shortfall/Surplus
VH0257 $1,907,500 $2,466,220 ($558,720)
This purchase will be (5) trucks and will be paid for by the Solid Waste Enterprise Fund (441). Staff is requested to appropriate the shortfall of $558,720 for CIP Project# VH0257. Any remaining funds, including proceeds from auctioning off old vehicles, will return to the Solid Waste Fund (441).

Prior Council Action:

May 20, 2019 Award Purchase of 4 CNG refuse trucks to E.M. Tharp. January 6, 2020 Award Purchase of 13 CNG refuse trucks to E.M. Tharp. May 18, 2020 Award Purchase of 13 CNG refuse trucks to E.M. Tharp. June 7, 2021 Award Purchase of 6 Diesel refuse trucks to E.M. Tharp. May 16, 2022 Award Purchase of 2 Diesel refuse trucks to E.M. Tharp.

March 3, 2023 Award Purchase of 7 Diesel refuse trucks to E.M. Tharp.

Other:

N/A
Alternatives:

Choose not to authorize the use of Sourcewell’s national cooperative agreement with E.M. Tharp, Inc. This is not recommended as there can be significant delays with the procurement of vehicles.

This may result in higher maintenance costs to keep older vehicles operating in the meantime.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a Purchase Order to E.M. Tharp Inc. of Porterville, CA for the purchase and delivery of (5) CNG-powered Solid Waste Trucks in the amount of $2,466,220 and appropriate an additional $558,720 from the Solid Waste Enterprise Fund (441).

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

Sourcewell Pricing Quote - Side Load Truck (CNG)
Visalia City Council Page 3 of 3 Printed on 4/26/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0046 Agenda Date: 2/20/2024 Agenda #: 11.

Agenda Item Wording:

Request to appropriate funding for Independence Day Celebration - Request for the City Council to review event options for 2024 Independence Day Celebrations, appropriate additional funding up to $55,700 from the General Fund for the fiscal year 2023/2024 Independence Day Celebration Capital Project, request to authorize staff to apply for grant funding and confirm funding through the San Joaquin Valley Air Pollution Control District Clean Alternative to Fireworks Pilot Incentive Program
Deadline for Action: 2/20/2023
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp, 713-4336 and Kelli Kincaid 713-4042 Department Recommendation:

Staff recommends City Council to appropriate up to $55,700 from the General Fund to the Independence Day Community Celebration Capital Project. Funding will be utilized to host an Independence Spectacular to include two drone light shows set to music, live music, kid zone activities, beer garden, and food court. Staff propose that this be a free event that is a key part of the celebrations this year saluting the City’s 150 anniversary of being an incorporated City. As explained below, grant funding and sponsorships will be sought to offset some or all the expenses.

Background Discussion:

Event Background:

On August 7, 2023 City Council meeting, staff reported on the success of these celebrations, with Council expressing a desire for staff to explore and enhance the 2024 Independence Day celebration.

Staff have proposed options for expanding Independence Day Celebrations in 2024 for Council’s consideration:
· Option 1: Continue the 2023 model, partnering with entities in the community for affordable and accessible activities. Estimated expenses: $10,000 - $12,000 (requested as part of 2024- 25 budget; no further allocation needed if funded in budget process). · Option 2: Host a free in-person event at Riverway Sports Park featuring two professional drone light shows set to music on July 3rd. The show is sensory and environmentally friendly, emitting no air pollution. Staff have obtained quotes from drone show light vendors. Estimated expenses: $45,400 for light show would need to be appropriated. · Option 3: Host a large Independence Spectacular at Riverway Sports Park on July 3rd. The event would showcase a variety of attractions, including two professional drone light shows set Visalia City Council Page 1 of 3 Printed on 4/26/2024
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File #: 24-0046 Agenda Date: 2/20/2024 Agenda #: 11.
event would showcase a variety of attractions, including two professional drone light shows set to music, live musical performances, a kid zone with games and activities, a beer garden, and a diverse food court. Additional fees may apply for select activities. Estimated expenses:
$55,700 would need to be appropriated.
· Alternatives: Options could be combined (1 and 2 or 1 and 3) for the combined cost as indicated.

Additional Funding Sources:

If Council selects to host either Option 2, Free Drone Light Show or Option 3, Independence Spectacular, staff are prepared to solicitate partnerships and sponsors to aid in offsetting the cost of the event. Staff have developed a sponsorship deck with numerous levels of sponsorships ranging from Grand Finale at $35,000 to $75 for a booth/vendor.

Staff have identified a grant opportunity through the San Joaquin Valley Air Pollution Control District.

SJVAPCD is accepting applications for the Clean Alternatives to Fireworks Pilot Incentive Program.

This program is offered to public and private entities to fund clean firework alternatives, such as drone light shows, in lieu of fireworks displays performed within the SJVAPCD boundaries in celebrations for the Fourth of July or New Year’s Eve, and other celebratory public gatherings.

The City of Visalia is an eligible applicant, that may apply for this reimbursement grant up to $50,000 per event (one event per calendar year). Eligible costs include contractor costs for approved clean alternatives to fireworks, local permitting costs for the event, and insurance for the event. With these parameters, staff hope to be awarded $35,000 for the cost of the drone light show contractor expenses. Applications are due Friday, March 1, 2024. If awarded, applicants may claim up to 25% of the award towards eligible pre-event costs.

SJVAPCD requires public agencies to provide a formal action of the governing body (i.e. City Council), authorizing the submittal of the application and identifying the individual and/or title of the individual authorized to implement the clean alternative to fireworks program.

Staff is seeking Council’s approval in support of staff applying for the Clean Alternatives to Fireworks Pilot Incentive Program through the SJVAPCD.

Background:

Over the past decade, Visalia has collaborated with local entities to sponsor Independence Day events for the community. Funding fluctuated from $12,000 up to $27,500 since 2017. In July 2023, the funded amount was $12,000 and community celebrations included free arts and crafts with Arts Visalia Visual Art Center, discounted activities at Adventure Park, and reduced registration for the Great American Race. The City’s Recreation division offered free swimming, an open gym, and complimentary ice cream at Recreation Park during the firework show following the Rawhide game.

Fiscal Impact:

Depending on the selected option of community celebration fiscal impact to the City will range from Visalia City Council Page 2 of 3 Printed on 4/26/2024
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File #: 24-0046 Agenda Date: 2/20/2024 Agenda #: 11.
$12,000 to $55,700.
· Option 1: Fiscal impact expenses of $12,000 with no revenue. Amount can be covered with traditional budget for 2024-25.
· Option 2: Fiscal impact expense of $45,400, however sponsorships and grants can help offset the expense.
· Option 3: Fiscal impact expense of $55,700, however sponsorships, grants, and special amusement fees may help offset the expense.

Prior Council Action: N/A
Other: N/A
Alternatives: Staff can develop other alternatives to celebrate Independence Day that require lower expenses.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to move forward with Options 1 and 3 which include hosting free in-person drone light shows and festival of activities on July 3 and partnering with entities to provide affordable and accessible activities during the holiday week with the appropriation of $55,700 from the General Fund to the Independence Celebration Capital Project and approve staff to apply for the Clean Alternatives to Fireworks Pilot Incentive Program.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Clean
Alternatives to Fireworks - Eligibility Criteria and Program Guidelines - SJVAPCD

2. Clean Alternatives to Fireworks -
Application - SJVAPCD
Visalia City Council Page 3 of 3 Printed on 4/26/2024
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DRAFT January 23, 2024 Program Guidelines

Page 1 of 6 ends

COMMUNITY INCENTIVES
Clean Alternatives to Fireworks
Pilot Incentive Program
Eligibility Criteria and Program Guidelines
The San Joaquin Valley Air Pollution Control District (SJVAPCD) is accepting applications for the Clean Alternatives to Fireworks Pilot Incentive Program. This pilot program provides incentives to public and private entities to fund clean firework alternatives, such as drone light shows, in lieu of a portion or all of a large- scale fireworks display performed within SJVAPCD boundaries celebrating the Fourth of July or New Year’s Eve, and other celebratory public gatherings.

Applications received during the solicitation period will be reviewed for completeness and eligibility for program funds, and will be funded based on date of application submittal, location, and availability of program funding. Applicants must have an executed contract with the SJVAPCD prior to the event applied for in order to receive grant funding.

Applications must be received by 5:00 pm on Friday, March 1, 2024.

Program guidelines and applications are available on the SJVAPCD’s website at:
https://ww2.valleyair.org/grants/fireworks-alternatives For questions about the program or application process, please contact us by phone or email:
(559) 230-5800
[email protected]
San Joaquin Valley Air Pollution Control District
Grants and Incentives Department
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
509
SJVAPCD Clean Alternatives to Fireworks Pilot Incentive Program February 2024 Program Guidelines

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General Requirements
* Approved clean alternatives to fireworks include drone shows, laser light shows, and other alternatives, as deemed eligible by the SJVAPCD on a case-by-case basis.

Eligibility of Event
The SJVAPCD reserves the right to make the sole determination regarding the eligibility of the application.

Maximum Incentive
Amount
• Up to $50,000 per event
• Applicants can only apply
for one event per calendar
year
Eligible Applicants
• Public entities:
• Such as counties, cities,
and school districts
• Private entities:
• Such as private
organizations and nonprofits
Eligible Costs
• Contractor costs for
approved clean alternatives
to fireworks*
• Local permitting costs for
the event
• Insurance for the event
• Must be for the purpose of celebrating the Fourth of July or New Year's Eve, or other celebratory public outdoor events Event Type • Must take place in a location within the SJVAPCD boundaries, which include the counties of San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and the Valley portion of Kern
Event
Location
• Must be a venue that can accomodate a large-scale public event • Neighborhood block parties and personal events are ineligible Event Venue 510
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Additional Requirements
1) If supplementing a fireworks display show, the event must comply with the California State Fireworks Law, California Health and Safety Code, Section 12500-12759 and the State Fireworks Regulations, Title 19, California Code of Regulations, Chapter 6. These publications can be found at https://osfm.fire.ca.gov/what-we-do/fire-engineering-and-investigations/fireworks. 2) Applicants must obtain the appropriate local permit(s) required to implement and administer the event. 3) Applicants must obtain appropriate insurance coverage for the event:
a) Minimum $2 million policy of combined limits for bodily damage and property damage. b) The San Joaquin Valley Air Pollution Control District must be named as an additional insured on the policy.
4) Applicants must show that a substantial reduction of large-scale fireworks will occur through the use of the approved clean firework alternative identified in the application. a) Example 1: This program may be an eligible option for an event that historically utilized fireworks transitioning completely away from, or significantly reducing (i.e. 50% reduction), the use of largescale fireworks. b) Example 2: This program may be an eligible option for a new celebratory event that proposes to use drones or other approved alternatives in lieu of utilizing large-scale fireworks. 5) Contractor(s) utilized by the applicant to conduct the fireworks alternative show must have the appropriate licenses for the type of service performed:
a) Drone shows:
i) Drones must be registered with the Federal Aviation Administration (FAA). ii) Drone pilots must follow the FAA regulations, specifically UAS Rule Part 107. iii) Information can be found at https://www.faa.gov/uas. b) Laser light shows:
i) Must follow the U.S Federal Food and Drug Administration protocol. Information can be found at https://www.fda.gov/radiation-emitting-products/home-business-and-entertainmentproducts/laser-light-shows. 6) If applicant is awarded funding through the program, applicant must adhere to messaging and branding guidelines and requirements established by the SJVAPCD. Specific terms and conditions will be identified in the final grant agreement between the applicant and the SJVAPCD. 511
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7) Applicant must have a fully executed agreement with the SJVAPCD prior to the event. a) Eligible costs shall be limited to services provided for the event identified in the application. b) To assist with pre-event costs to secure a vendor(s), applicant may claim up to 25% of the incentive award (maximum of $12,500) towards eligible costs necessary for the preparation of the event including, but not limited to, deposits for the contractor performing the alternative to fireworks, permit fees, and insurance. Claims for these costs that were incurred before the event can be submitted to the SJVAPCD any time on or after the execution date of the grant agreement.

Documentation such as contract details, receipts, and/or invoices substantiating costs will be required to be submitted with the claim.
c) Applicant shall not make final payment to the contractor they utilized for the alternative to fireworks until after their agreement with the SJVAPCD has been executed. 512
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Application Process
The SJVAPCD anticipates that the applicant will complete their project as specified in their grant agreement. However, if it is necessary for the applicant to deviate from their original proposed project, applicant should notify the SJVAPCD of the changes as early as possible. This will allow program staff the opportunity to assess the deviation to ensure the project remains eligible under the program guidelines.

Submission of
Application
• Applicant submits a complete application packet to the SJVAPCD • See Checklist on the application for a full list of required items and documentation for a complete application
Application
Review
• SJVAPCD reviews the application packet for completeness and eligibility • Applications recived during the solication period that are deemed eligible and complete will be awarded funding on a first-come, first-served basis, pending the availability of funds
• For incomplete applications, SJVAPCD staff will contact applicant and work with them to complete the application
• For ineligible applications, applicant will be notified with the determination Funding
• Upon approval of funding, a draft grant agreement will be issued to the applicant for signature
• Once all signatures have been obtained from the applicant and the SJVAPCD, the agreement is considered fully executed. The applicant will have up to 12 months to complete their project and submit final claims for reimbursement.
• Grant agreements will be awarded for up to $50,000
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Reimbursement Process
Funding provided to applicants in this program is through a reimbursement process. The applicant must submit a claim to the SJVAPCD for eligible costs incurred. Upon receipt and approval of an eligible and complete claim, the SJVAPCD will reimburse the applicant for eligible costs, up to the $50,000 maximum incentive.

In addition to a copy of their executed agreement, the applicant will receive a Payment Procedures packet, which will include instructions on how to submit a claim to the SJVAPCD for reimbursement. The claim process to receive reimbursement is as follows:

Submission
of Claim
• Submit a complete claim to the SJVAPCD:
• See Checklist in the Payment Procedures packet for a full list of items and documentation required for a complete claim
• Claims can be submitted incrementally as eligible costs are incurred.

Applicant does not have to wait until the completion of the event and/or all eligble costs have been incurred to submit a claim and seek reimbursement.

Claim
Review
• SJVAPCD reviews the claim for completeness and eligibility:
• Only elgible costs incurred can be claimed
• For incomplete claims, applicant may be contacted for further information or additional documentation
• For ineligible claims, applicant will be notified fo ineligibility Payment
• Payment will be issued to applicants for complete and eligible claims within approximately 45 working days from the date the claim was deemed complete
• Actual funding paid to the applicant may be reduced if the total invoiced costs of eligible items are less than the maximum funding awarded in the grant agreement
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Clean Alternatives to Fireworks Pilot Incentive Program Page 1 of 3 February 2024
Application

COMMUNITY INCENTIVES
Clean Alternatives to Fireworks
Pilot Incentive Program
Applicant Information
Entity Name of Sponsoring Organization (as it appears on Form W-9):

Mailing Address: City: State: ZIP Code:

Physical Address: City: State: ZIP Code:

County:
 Fresno  Kern (Valley Portion)  Kings  Madera  Merced  San Joaquin  Stanislaus  Tulare  Other (please identify):

Primary Contact Information
Name: Title:

Phone Number: Fax Number: E-Mail:

Event Information
Event Name:

Address of Event: Date of Event:

Estimated Attendance: Public Display License, if displaying fireworks (if available):

Estimated total cost of celebratory display (include cost of fireworks, if it is part of the show):
$
Estimated total cost of the clean alternative to fireworks portion of the celebratory display:
$
Funding requested from SJVAPCD for the clean alternative to fireworks portion of the celebratory display, up to $50,000:
$
515

Clean Alternatives to Fireworks Pilot Incentive Program Page 2 of 3 February 2024
If a contractor for the clean alternative to fireworks has already been selected for your project, please provide their information below. Please indicate “N/A” if a contractor has not been selected.

Company Name: Website:

Main Contact: Phone Number: Email:

Please provide as much information as possible for the following questions. While this information is required for funding, your application will not be deemed ineligible if information is not immediately available. District staff will work with you to assist in completing the application.

Please describe the clean alternative to fireworks that you are proposing to use for the event in this application (i.e., drones, laser lights, etc.), including the contractor(s) that you will be working with.

What is the estimated duration of the clean alternative to fireworks portion of the show? Will the clean alternative to fireworks be used simultaneously with fireworks or have its own dedicated time? Describe the amount of fireworks that will be reduced by using the clean alternative to fireworks. For example, explain the number and/or types of fireworks that would be replaced by using the clean alternative to fireworks, etc. 516
Clean Alternatives to Fireworks Pilot Incentive Program Page 3 of 3 February 2024
The following Certifications section must be signed by an authorized individual in the organization/business/agency that, if approved for funding, can enter into a legal binding agreement with the San Joaquin Valley Air Pollution Control District for their project, and make financial decisions and/or guarantees on behalf of the organization/business/agency identified on this application.

Certifications
By signing this document, I certify that I have read the Community Incentives Clean Alternative to Fireworks Pilot Incentive Program Eligibility Criteria and Application Guidelines (Program Guidelines) and agree to ALL of its terms and conditions.

Submitting an application to the San Joaquin Valley Air Pollution Control District (SJVAPCD) does not guarantee funding.

Funding is awarded on a first-come, first-served basis for complete and eligible applications, until program funds are exhausted. If selected for funding, I agree to meet all of the requirements in the Program Guidelines.

I hereby certify that all information provided in this application and any attachments are true and correct to the best of my knowledge.

Application Checklist
When submitting an application for consideration, please include all of the following documents. An incomplete application packet will lengthen the application processing time and delay incentive funding. A complete application packet includes the following items:
 Completed Application (Pages 1 thru 3), no fields blank. Please type N/A for those fields not applicable.  First page of IRS Form W-9. The name listed on the W-9 must match the name listed on the application. The form can be accessed on the IRS’s website: https://www.irs.gov/pub/irs-pdf/fw9.pdf  For public agencies only: Resolution from the Applicant’s governing body (i.e. City Council or County Board of Supervisors), authorizing the submittal of the application and identifying the individual and/or title of the individual authorized to implement the clean alternative to fireworks program. Other documentation signed by a duly authorized official with authority to make financial decisions can be submitted in lieu of a resolution.  For businesses: A copy of your current business license.

Complete applications can be submitted via one of the following methods:

EMAIL: [email protected], Subject Line: CAF Pilot Program MAIL or HAND-DELIVERY: San Joaquin Valley Air Pollution Control District Attention: Grants & Incentives Department
1990 East Gettysburg Avenue
Fresno, California 93726
Signing Authority’s Printed Name Title Email
Signing Authority’s Signature Date
517
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0047 Agenda Date: 2/20/2024 Agenda #: 12.

Agenda Item Wording:

Approval of Agricultural Conservation Easement - A request by Sequioa Riverlands Trust to have their agricultural conservation easement form and content approved as required per the City’s adopted Agricultural Preservation Ordinance.

Deadline for Action: 2/20/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council approve the form and content of Sequioa Riverlands Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Summary:

Sequoia Riverlands Trust (SRT) has submitted their agricultural conservation easement document. A copy of the “Deed of Agricultural Conservation Easement” is attached to this report as Attachment 1.

The conservation easement document is being prepared to mitigate the conversion of approximately 158.75 acres of prime farmland in association with the first phase (i.e., Tier 2 area) for the “Carleton Acres Project”.

As required pursuant to Article 3, Section 18.040.080.D “Approval of the Easement” of the Agricultural Preservation Ordinance (APO), the City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter. Subsequent easement form reviews, which were initially approved by the City Council, may permit the Council to authorize a designee to review and confirm future easements as addressed in Section 18.04.080.D of the APO.

SRT is seeking approval by the City Council that their easement form and content complies with the requirements set forth in Article 3 Section 18.04.080 of the APO. Staff has reviewed the easement document submitted by SRT and concludes that the document addresses the provisions as follows:

1. Section 18.04.080.A Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon.

Response: The easement document clearly demonstrates that the applicant is conveying farmland of statewide importance to a certified entity (Sequoia Riverlands Trust) based on their land obligation requirement to mitigate farmland being developed for the Carleton Acres project.

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2. Section 18.04.080.B.1 through 6 Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.

1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.

Response: The 158.75-acre site is located approximately eight (8) miles north of the Visalia City limits, within County of Tulare. The site is bordered by Avenue 384 to the north and Road 124 to the east (APN: 047-030-004).

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published Farmland Mapping and Monitoring Program (FMMP) map.

Response: The property is designated as farmland of statewide importance on the most recently published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

Response: The preserved land is 158.75-acres.

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

Response: The preserved land is zoned AE-40 per the Tulare County Public Parcel Zoning Lookup Map.

5. The preserved land shall have at least one verified source of water.

Response: The preserved land (APN: 047-030-004) is located in the Alta Irrigation District with access rights to water.

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

Response: The preserved land is not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. A review of aerial map imagery (see attached map) identifies that the land to be conserved is not encumbered by any structure(s) or use(s) that would be incompatible with the purpose of an agricultural easement. In addition, the property owner has verified that the site is not encumbered by any structure(s) or use(s).

3. Section 18.04.080.C.1 through 11 Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms.

1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.

Response: SRTs easement document addresses these items under Section 3 “Prohibited Visalia City Council Page 2 of 5 Printed on 4/26/2024
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Response: SRTs easement document addresses these items under Section 3 “Prohibited Uses, Section 5 Construction or Placement of Buildings and Other Improvements, Section 6 No Subdivision and Section 7 Extinguishment of Development Rights (see Attachment 1).

2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land.

Response: SRTs easement document addresses this item under Section 27 Granting Subsequent Easements, Interests in Land, or Use Restrictions (see Attachment 1).

3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property.

Secondary dwelling units or farmworker housing may also be permitted, so long as the primary use of the property is agricultural.

Response: SRTs easement document addresses this item under Section 5 Construction or Placement of Buildings and Other Improvements.

4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.

Response: Yes, the property owner is encumbering this property with an agricultural easement to mitigate farmland being developed for the Carleton Acres project.

5. Any existing financial liens or financial encumbrances on the preserved land shall be subordinated to the agricultural conservation easement.

Response: SRTs easement document addresses this item under Section 26 The Landowner’s Title Warranty; No Prior Conservation Easements.

6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.

Response: SRT prepared the Deed of Agricultural Conservation Easement that will be executed by all parties with an interest in the preserved land. The City Council on October 16, 2023, certified SRT as an entity for the purpose of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.

7. The agricultural conservation easement is in recordable form and contains an accurate legal description of the preserved land.

Response: The Deed of Agricultural Conservation Easement has been prepared in a recordable form and contains an accurate legal description and map of the preserved land (see Attachment 1).

8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.

Response: SRT, a California nonprofit public benefit corporation, having an address at 427 S.

Garden, Visalia, CA 93277, is named as the “Grantee”, for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this Visalia City Council Page 3 of 5 Printed on 4/26/2024
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obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

Response: SRTs easement document addresses this requirement under Recitals Section C (see Attachment 1).

10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.

Response: SRTs easement document addresses this requirement under Section 18 Transfer of Easement (see Attachment 1).

11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with section 18.04.080(D).

Response: Staff recommends the City Council approve SRTs Deed of Agricultural Conservation Easement document. The easement document form and content demonstrate compliance with the City’s adopted APO. In addition, SRT has been confirmed by the City Council as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.

Fiscal Impact:

None.

Prior Council Action:
· On October 16, 2023, the City Council confirmed Sequioa Riverlands Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance. · On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023-

02. · On May 1, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-02.

The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02.
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

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Other: N/A
Alternatives:

The City Council can elect to not approve the form and content of Sequioa Riverlands Trust agricultural conservation easement.

Recommended Motion (and Alternative Motions if expected):

I move to approve the form and content of Sequioa Riverlands Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

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.

CEQA Review:

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

Attachments:
· Attachment 1 - “Deed of Agricultural Conservation Easement” · Aerial Map Easement Area
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CRS-Hayes Ranch-Carleton Acres
V.1 Final

02.8.24 Recording requested by and when
recorded please return to:

Sequoia Riverlands Trust
427 S. Garden
Visalia, CA 93277
(Space above this line reserved for Recorder’s use)

DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement is granted on this _____ of __________ 2024, by CRS Farming, LLC, a California limited liability company, having an address at 11878 Avenue 328, Visalia, CA 93291 (“Landowner”), to SEQUOIA RIVERLANDS TRUST, a California nonprofit public benefit corporation, having an address at 427 S.

Garden, Visalia, CA 93277 (“Grantee”), for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

RECITALS
A. The Landowner is the sole owner in fee simple of the conserved farmland property (“Property”) legally described in Exhibit A (“Legal Description”) and generally depicted in Exhibit B (“Map”), attached to and made a part of this Agricultural Conservation Easement (“Easement”). The Property consists of approximately 158.75 acres of land and is located in Tulare County, California, being a portion of assessor’s parcel number(s) 047-030-004. The Property is open farmland, whose soils have been classified as prime farmland or farmland of statewide importance by the U.S. Department of Agriculture’s Natural Resources Conservation Service, and by the California Department of Conservation’s Farmland Mapping and Monitoring Program, because this land has the soil quality, growing season, and water supply needed for sustained agricultural production. Tulare County Public Parcel Zoning Lookup Map currently indicates the Property is zoned AE-40.

B. The agricultural and other characteristics of the Property, its current use and state of improvement, are documented and described in a Baseline Documentation Report (“Baseline Report”), prepared by the Grantee with the cooperation of the Landowner and incorporated herein by this reference. The Landowner and the Grantee warrant that the Baseline Report is complete and accurate as of the date of 523

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02.8.24 this Easement. Both the Landowner and the Grantee shall retain duplicate original copies of the Baseline Report. The Baseline Report may be used to establish whether a change in the use or condition of the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of this Easement.

C. Hayes Ranch LLC, a California limited liability company (Developer”),pursuant to Visalia Municipal Code Title 18, Chapter 18.04, Agricultural Land Preservation Program (“APO”) seeks to protect farmland in the Southern San Joaquin Valley through causing the grant of a perpetual conservation easement to mitigate for the conversion of approximately 158.75 acres of “prime farmland” or “farmland of statewide importance” in connection with the annexation of land for the “Carleton Acres Project” (“Project") in Visalia, and upon City’s acceptance attached hereto to satisfy the preserved land obligation imposed by the APO and subject to the requirements set forth therein.

D. The Landowner grants this Easement for valuable consideration to the Grantee for the purpose of assuring that, under the Grantee’s perpetual stewardship, the agricultural productive capacity and open space character of the Property will be conserved and maintained forever, and that uses of the land that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current agricultural use of, and improvements to, the Property, as represented in the Baseline Report completed at the time of this Easement’s recordation, are consistent with the conservation purposes of this Easement.

E. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation and environmental policies:

1. The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. section 4201 et seq., whose purpose is “to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland;”

2. The California Environmental Quality Act (PRC §§21000 et seq.) which requires that significant impacts to the environment resulting from a project be mitigated to the extent feasible;

3. California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements;

4. California Government Code Section 65966 (a), which states that “any conservation easement created as a component of satisfying a local or state mitigation requirement shall be perpetual in duration”; 524

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02.8.24 5. California Constitution Article XIII, section 8, California Revenue and Taxation Code sections 421.5 and 422.5, and California Civil Code section 815.1, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the Property’s tax valuation be consistent with restriction of its use for purposes of food and fiber production and conservation of natural resources;

6. Section 10200 et seq. of the California Public Resources Code, which creates the California Farmland Conservancy Program within the Department;

7. Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands, by providing that “agricultural lands have a definitive public value as open space" and "that the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest”;

8. California Food and Agriculture Code Section 821 states that one of the major principles of the State's agricultural policy is "to sustain the long-term productivity of the State's farms by conserving and protecting the soil, water, and air, which are agriculture's basic resources”.

F. The Grantee is a California nonprofit organization within the meaning of California Public Resources Code section 10221 and California Civil Code section 815.3 and is a tax exempt and “qualified conservation organization” within the meaning of Sections 501(c)(3) and 170(b)(1)(A)(iv) as defined by the United States Internal Revenue Code. Grantee, as certified by a resolution of Grantee's Board of Trustees, accepts the responsibility of enforcing the terms of this Easement and upholding its conservation purposes forever.

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02.8.24 GRANT OF AGRICULTURAL CONSERVATION EASEMENT
Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Landowner voluntarily grants and conveys to the Grantee, and the Grantee voluntarily accepts, a perpetual conservation easement, as defined by Sections 815.1 and 815.2 of the California Civil Code and Section 10211 of the California Public Resources Code, and of the nature and character described in this Easement for the purpose described below, and agree as follows:

1. Conservation Purpose.

The conservation purpose (“Purpose”) of this Easement is to enable the Property to remain in productive agricultural use in perpetuity by preventing and correcting uses of the Property prohibited by the provisions of this Easement. To the extent that the preservation of the open space character of the Property is consistent with such use, it is within the Purpose of this Easement to protect those values.

2. Right to Use Property for Agricultural Purposes.

The Landowner retains the right to use the Property for agricultural purposes, or to permit others to use the Property for agricultural purposes, in accordance with applicable law and this Easement.

3. Prohibited Uses.

The Landowner shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with this Easement. Any use or activity that would diminish or impair the agricultural productive capacity of the Property and open space character protected by this Easement, or that would cause significant soil degradation or erosion, restrict agricultural husbandry practices, or that is otherwise inconsistent with the Conservation Purpose is prohibited (“Prohibited Use”).
“Husbandry practices” means agricultural activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

This Easement authorizes the Grantee to enforce these covenants in the manner described herein. However, unless otherwise specified, nothing in this Easement shall require the Landowner to take any action to restore the condition of the Property after any Act of God or other similar event over which the Landowner had no control. The Landowner understands that nothing in this Easement relieves it of 526

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02.8.24 any obligation or restriction on the use of the Property imposed by law.

4. Permission of the Grantee.

Where the Landowner is expressly required to obtain the Grantee’s permission for a proposed use hereunder, said permission (a) shall not be unreasonably delayed or withheld by the Grantee, (b) shall be sought and given in writing, with copies of all documents to be provided to the City, and (c) shall in all cases be obtained by the Landowner prior to the Landowner's undertaking of the proposed use. The Grantee shall grant permission to the Landowner only where the Grantee, acting in the Grantee's sole reasonable discretion and in good faith, determines that the proposed use is not a “Prohibited Use” as defined in Section 3.

5. Construction or Placement of Buildings and Other Improvements.

The Landowner may undertake construction, erection, installation, or placement of buildings, structures, or other improvements on the Property only as provided in subsections (a) through (c) below. All other construction, erection, installation, or placement of buildings, structures, or other improvements on the Property is prohibited. Before undertaking any construction, erection, installation or placement that requires permission, the Landowner shall notify the Grantee and obtain prior written permission from the Grantee.

For purposes of this section, the term “improvements” shall not refer to, and specifically excludes, crops, plants, trees, vines, or other living improvements planted for agricultural purposes, nor shall it refer to irrigation improvements necessary or desirable to irrigate the Property for agricultural purposes, all of which may be made without permission of the Grantee.
(a) Fences – Existing fences may be repaired and replaced without permission of the Grantee. New fences may be built anywhere on the Property for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Property, without permission of the Grantee.
(b) Utilities and Septic Systems – Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted herein or to transmit power generated on the Property may be installed, maintained, repaired, removed, relocated and replaced.

(c) Power generation and transmission facilities primarily for agricultural and other permitted uses on the Property may be constructed only with permission of the Grantee pursuant to Paragraph 4, and must be located in an area not to exceed 5 acres. Power generated in excess of requirements on the Property may be sold to appropriate public utilities. Notwithstanding the foregoing, commercial 527

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02.8.24 power generation, collection or transmission facilities, including wind or solar farms and the conveyance of any rights-of-way over, under or on the Property for any such purpose, are prohibited.

6. No Subdivision.

The division, subdivision, defacto subdivision, or partition of the Property, including transfer of development rights, whether by physical, legal, or any other process, is prohibited.

The Landowner and Grantee acknowledge and understand that the Property consists of one legal parcel(s) or portions thereof, and that no additional, separate legal parcels currently exist within the Property that may be recognized by a certificate of compliance or conditional certificate of compliance pursuant to California Government Code section 66499.35 based on previous patent or deed conveyances, subdivisions, or surveys. The Landowner will not apply for or otherwise seek recognition of additional legal parcels within the Property based on certificates of compliance or any other authority. The Landowner shall continue to maintain the legal parcels comprising the Property, and all interests therein, under common ownership, as though a single legal parcel.

Lot line adjustment may be permitted only with the written approval of the Grantee pursuant to Section 4, in conjunction with the approval of the local jurisdiction, and for purposes of maintaining, enhancing or expanding agricultural practices or productivity on the Property, provided that the boundaries of this Easement may not be altered by such Lot Line Adjustment.

7. Extinguishment of Development Rights.

The Landowner hereby grants to the Grantee all development rights except as specifically reserved in this Easement, that were previously, are now or hereafter allocated to, implied, reserved, appurtenant to, or inherent in the Property, and the parties agree that such rights are released, terminated, and extinguished, and may not be used on or transferred by either party to any portion of the Property as it now or later may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. This Easement shall not create any development rights.

8. General Prohibition on Surface Mining.

Except as specifically authorized herein, the mining, removal or extraction on or from the area subject to this Easement of soil, sand, gravel, aggregate, rock, oil, natural gas, fuel, or any other mineral substance, through a surface mining, removal or extraction method or from above a depth of 150 feet below the surface of the Property is prohibited. This prohibition includes the installation of roads or 528

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02.8.24 pipelines for transportation of the previously stated resources.

If a third party owns or leases the oil, natural gas, or any other mineral rights associated with the Property at the time this Easement is executed, and their interests have not been subordinated to this Easement, the Landowner must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Paragraph 8. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement are subordinate to the terms of this Easement and must incorporate by reference the term of this Easement.

This section is not intended to interfere with Landowners’ right to remove cobble and hardpan from farm areas in order to prepare the land for agricultural purposes.

9. Paving and Road Construction.

Other than existing roads as identified in the Baseline Report, no portion of the Property presently unpaved shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, unless such measures are required by air quality laws or regulations applicable to the Property. Except as otherwise permitted herein, no road for access or other purposes shall be constructed without the permission of the Grantee pursuant to Section 4. Notwithstanding the foregoing, construction of unpaved farm roads, as necessary or desirable by agricultural operations, is permitted without permission from the Grantee. The Landowner shall notify the Grantee of any significant relocation or net addition of unpaved farm roads.

10. Trash and Storage.

The dumping or accumulation on the Property of any kind of trash, refuse, vehicle bodies or parts, or “Hazardous Materials,” as defined in Section 25 is prohibited.

Farm-related trash and refuse produced on the Property may be temporarily stored on the Property subject to all applicable laws. The storage of agricultural products and byproducts produced on the Property and materials reasonably required for agricultural production on the Property, including Hazardous Materials, is permitted as long as it is done in accordance with all applicable government laws and regulations.

11. Commercial Signs.

Commercial signs (including billboards) unrelated to permitted activities conducted on the Property are prohibited.
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02.8.24 12. Recreational Uses; Motorized Vehicle Use Off Roadways Resort structures, athletic fields, golf courses, non-residential swimming pools, public or commercial airstrips, commercial equestrian facilities, public or commercial helicopter pads, and any other non-agricultural recreational structures or facilities are prohibited on the Property. The use of motorized vehicles off roadways is prohibited except where used for agricultural production, property maintenance and security, or for the purpose of monitoring this Easement.

13. Water Rights.

The Landowner shall retain and reserve all ground water, and all appropriative, prescriptive, contractual or other water rights appurtenant to the Property at the time this Easement becomes effective. The Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate such quantity of water or water rights from title to the Property itself. Permanent separation of water or water rights is prohibited. All water shall be retained in Tulare County for agricultural production and used in conjunction with the improvements permitted by Section 5 of this Easement only.

Water may be temporarily distributed to a contiguous property or other property owned or leased by the Landowner on an annual basis for agricultural production only. Any temporary distribution of water shall not impair the long-term agricultural productive capacity or open space character of the Property.

14. Rights Retained by the Landowner.

Subject to Section 7 and to interpretation under Section 23, as owner of the Property, the Landowner reserves all interests in the Property not transferred, conveyed, restricted, prohibited or extinguished by this Easement. These ownership rights include, but are not limited to, the right to sell, lease, or otherwise transfer the Property to anyone the Landowner chooses, as well as the right to privacy, the right to exclude any member of the public from trespassing on the Property, and any other rights consistent with the Purpose of this Easement. Nothing contained herein shall be construed as a grant to the general public of any right to enter upon any part of the Property.

Nothing in this Easement relieves the Landowner of any obligation or restriction on the use of the Property imposed by law.

15. Responsibilities of the Landowner and the Grantee Not Affected.

Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Landowner as owner of the Property. Among other things, this shall apply to:
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02.8.24 (a) Taxes – The Landowner shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on the Landowner’s interest in order to protect Grantee’s interests in the Property, the Landowner will reimburse the Grantee for the same. It is intended that this Easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code Sections 402.1(a)(8) and 423.
(b) Upkeep and Maintenance – The Landowner shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. If the Grantee acts to maintain the Property in order to protect the Grantee’s interest in the Property, the Landowner will reimburse the Grantee for any such costs.
(c) Liability and Indemnification – In view of the Grantee’s and the City negative rights, limited access to the land, and lack of active involvement in the day-today management activities on the Property, the Landowner shall indemnify, protect, defend and holds harmless the Grantee and the City, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with or relating to the Property or the Easement. The Landowner shall be solely liable for injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the negligence or willful misconduct of the Grantee, the City, and/or their respective Agents and Assigns. The Grantee shall be named as an additional insured on Landowner’s general liability insurance policy.

Neither the Grantee, the City, nor their Agents and Assigns shall have responsibility for the operation of the Property, monitoring of hazardous conditions on it, or the protection of the Landowner, the public or any third parties from risks relating to conditions on the Property. Without limiting the foregoing, neither the Grantee, nor the City, nor their respective Agents and Assigns shall be liable to the Landowner or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage or expense suffered or incurred by or threatened against the Landowner or any other person or entity, except as the claim, liability, damage, or expense is the result of the gross negligence or intentional misconduct of the 531

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02.8.24 Grantee, or the City, or their respective Agents and Assigns.

The Landowner’s indemnification of the City shall extend to ensure that the City shall not incur any liability for the actions or inactions addressed herein.

16. Monitoring.
(a) The Grantee shall manage its responsibilities as holder of this Easement in order to uphold the Purpose of this Easement. The Grantee’s responsibilities include, but are not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement of this Easement, for the purpose of preserving the Property’s agricultural productive capacity and open space character in perpetuity. Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way. With reasonable advance notice (except in the event of an emergency circumstance or prevention of a threatened breach), Grantee shall have the right to enter upon, inspect, observe, monitor and evaluate the Property to identify the current condition of, and uses and practices on the Property and to determine whether the condition, uses and practices are consistent with this Easement.
(b) Grantee shall indemnify, defend with counsel of Landowner’s choice, and hold Landowner harmless from, all expense, loss, liability, damages and claims, including Landowner’s attorneys’ fees, if necessary, arising out of Grantee’s entry on the Property, unless caused by a violation of this Easement by Landowner or by Landowner’s negligence or willful misconduct. (c) The Grantee shall report to the City on or before February 1 of each year after the annual monitoring visit, describing method of monitoring, condition of the Property, stating whether any violations were found during the period, describing any corrective actions taken, the resolution of any violation, any requested or approved actions made in accordance with Section 4, and any transfer of interest in the Property. Failure to do so shall not impair the validity of this Easement or limit its enforceability in any way.

17. Enforcement.
(a) The Grantee may take all actions, including legal actions, that it deems necessary to ensure compliance with the terms, conditions, covenants, and purposes of this Easement. The Grantee shall have the right to prevent and correct violations of the terms, conditions, covenants, and purposes of this Easement. If the Grantee finds what it believes is a violation or potential violation, it may at its discretion take appropriate legal action to ensure compliance with the terms, conditions, covenants, and purposes of this Easement and shall have the right to correct violations and prevent the threat of violations. Except when an ongoing or imminent violation could irreversibly 532

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02.8.24 diminish or impair the agricultural productive capacity and open space character of the Property, the Grantee shall give the Landowner written notice of the violation or potential violation, and thirty (30) days to correct it, before filing any legal action.
(b) If a court with jurisdiction determines that a violation may exist, has occurred, or is about to occur, the Grantee may obtain an injunction, specific performance, or any other appropriate equitable or legal remedy, including (i) money damages, including damages for the loss of the agricultural conservation values protected by this Easement, (ii) restoration of the Property to its condition existing prior to such violation, and (iii) an award for all of the Grantee’s expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney’s fees. The failure of the Grantee to discover a violation or potential violation, or to take immediate legal action to prevent or correct a violation or potential violation known to the Grantee, shall not bar the Grantee from taking subsequent legal action. The Grantee’s remedies under this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(c) Without limiting the Landowner’s liability, the Grantee shall apply damages recovered to the cost of undertaking any corrective action on the Property.

Should the restoration of lost values be impossible or impractical for whatever reason, the Grantee shall apply any and all damages recovered to furthering the Purpose of this Easement.
(d) In the event the Grantee fails to enforce any term, condition, covenant or purpose of this Easement, as determined by the City, then the City, or their successors and assigns, shall have the right to enforce the Easement after giving notice to the Grantee and the Landowner and providing a reasonable opportunity under the circumstances for the Grantee to enforce any term, condition, covenant, or purpose of the Easement. In the event that the City have reasonable cause to suspect that the Grantee has failed to enforce any of the terms, conditions, covenants, or purposes of the Easement, the City and their successors and assigns shall be entitled to exercise the same right to enter the Property granted to the Grantee, including right of immediate entry in the event of an emergency or suspected emergency where the City or their successor or assign has reasonable cause to determine that immediate entry is required to prevent, terminate or mitigate a violation of this Easement. (e) Failure or refusal to exercise any rights under the terms of this Easement by the Grantee or the City in the event of a violation by the Landowner of any term herein shall not constitute a waiver or forfeiture of the Grantee’s or the City right to enforce any term, condition, covenant, or purpose of this Easement. 533

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02.8.24 18. Transfer of Easement.
(a) This Easement may only be assigned or transferred to an entity authorized to hold such Easement as specified under Section 10211 of the Public Resources Code and has similar purposes to preserve, is capable of managing the Easement, and protecting the mitigation of the impacts to agricultural lands and open space. Such an assignment or transfer may proceed only if the organization or agency expressly agrees to assume the responsibility imposed on the Grantee by the terms of this Easement and is expressly willing and able to hold this Easement for the Purpose for which it was created. All assignment and assumption agreements transferring the Easement shall be recorded in Tulare County within thirty (30) days.
(b) If the Grantee should desire to assign or transfer this Easement, the Grantee must obtain written permission from the Landowner and the City, which permission shall not be unreasonably withheld.
(c) If the Grantee or its successors ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, the City, in consultation with the Landowner, shall identify and select an appropriate private or public entity to whom this Easement shall be transferred.

19. Perpetual Duration and No Merger of Title.
(a) Pursuant to California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements, and California Government Code Section 65966 (a) that requires conservation easements to be perpetual when created to satisfy a local or state mitigation requirement; this Easement shall run with the land in perpetuity. Every provision of this Easement that applies to the Landowner or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. (b) No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to the Grantee, or its successors or assigns. It is the express intent of the parties that this Easement not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Grantee or its successors or assigns.

20. Transfer of Property Interest.
(a) Any time the Property itself, or any interest in it, is transferred by the Landowner to any third party, the Landowner shall notify the Grantee and the City in writing at least thirty (30) days prior to the transfer of the Property or 534

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02.8.24 interest, and the document of conveyance shall expressly incorporate by reference this Easement. Any document conveying a lease of the Property shall expressly incorporate by reference this Easement. Failure of the Landowner to do so shall not impair the validity of this Easement or limit its enforceability in any way.
(b) Prior to any sale, lease, license or other transfer of any interest in the Property, the Landowner shall inform the prospective transferee of this Easement and its terms and provide them with a copy of this Easement. Any such subsequent owners, lessees, licensees, or transferees shall succeed to and be bound by the terms of the Easement.

21. Amendment of Easement.
(a) This Easement may be amended only with the written consent of the Landowner, the Grantee, and the City. Any such amendment shall be consistent with the Purpose of this Easement and with the Grantee’s easement amendment policies, and shall comply with all applicable laws, including Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the California Civil Code, and the California Farmland Conservancy Program Act as codified in Section 10200 et seq. of the California Public Resources Code, and any regulations promulgated thereunder. No amendment shall diminish or affect the perpetual duration or the Purpose of this Easement, nor the status or rights of the Grantee under the terms of this Easement.
(b) This Easement and any amendment to it shall be recorded in Tulare County. A copy of the recorded amendment shall be provided to the City within thirty (30) days of recordation.

22. Termination of Easement and Eminent Domain.
(a) Termination.
(i) It is the intention of the parties that the Conservation Purpose of this Easement shall be carried out forever as provided in the Section 10211 of the California Public Resources Code, Section 815 et seq. of the California Civil Code and California Government Code Section 65966 (a). Pursuant to California Government Code Section 65966 (a), this Easement is established to satisfy a local or state mitigation requirement, and cannot be terminated pursuant to the administrative termination provision defined in Public Resources Code sections 10270 et seq.

Accordingly, Landowner expressly waives on behalf of Landowner and Landowner’s successors and assigns all rights to terminate or extinguish this Easement, or request that this Easement be terminated or extinguished 535

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02.8.24 pursuant to the administrative termination provisions set forth in sections 10270 et. seq. of the Public Resources Code.
(ii) If circumstances arise in the future that render all of the Purposes of this Easement impossible to accomplish, this Easement may be terminated or extinguished, whether in whole or in part, on the initiative of the Grantee or the Landowner, but only by judicial proceedings in a court of competent jurisdiction. The Grantee shall give notice to the City of any prospective termination or extinguishment of this Easement not less than 60 business days before initiating such proceedings. The City may intervene in any such judicial proceedings to protect or retain this Easement. (iii)No inaction or silence by the Grantee shall be construed as abandonment of the Easement. The fact that the Property is not in agricultural use, or that agricultural use is no longer possible, is not reason for termination or extinguishment of this Easement so long as any of the Purposes of this Easement remains possible to accomplish. Other than pursuant to eminent domain or an involuntary acquisition for a necessary public use by public agency, corporation, or other entity or individual with the power of eminent domain (Acquiring Entity), no other voluntary or involuntary sale, exchange, conversion, transfer, assignment, lease, mortgage or other encumbrance, alienation or conveyance of any kind of all or part of the Property, or of any interest in it, shall limit or terminate or extinguish the provisions of this Easement.
(iv) Should all or part of the Property or any interest in it be proposed for acquisition for a necessary public use by an Acquiring Entity, the Landowner and the Grantee shall join in appropriate actions to recover the full value of the proposed acquisition and all incidental or direct damages resulting from the proposed acquisition as well as all other payments to which they may be entitled by law (Compensation). The Acquiring Entity shall pay Compensation directly to the Landowner and the Grantee. The Compensation of such proceeding of the Landowner and the Grantee shall be divided in accordance with the proportionate values of the Landowner's and the Grantee's interests as specified in this Section 22(b), unless otherwise provided by applicable law.
(v) If the Landowner receives notice, formal or informal, that any Acquiring Entity intends to exercise its power of eminent domain as to the Property or any portion thereof or any interest therein, Landowner shall promptly, and in any event in not less than fifteen (15) business days after receipt of such notice, give written notice to the Grantee and the City of such receipt together with a copy of any and all communications related to such prospective eminent domain proceedings. The Landowner shall thereafter promptly provide to the Grantee and the City copies of all further communications related to such proceedings and cooperate with the Grantee 536

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02.8.24 and the City in responding to such proceedings. (vi)Acquisition of the Easement through the power of eminent domain is subject to the requirements of Section 10261 of the California Public Resources Code, the eminent domain laws of the State of California, including Section 1240.510 or Section 1240.610 of the Code of Civil Procedure, federal law, and this Easement. The Property may not be taken by eminent domain or in lieu of eminent domain if the planned use is more than seven (7) years in the future (California Code of Civil Procedure section 1240.220). Purchase in lieu of condemnation, or settlement of an eminent domain proceeding, shall occur pursuant to applicable laws and procedures, including but not limited to California Government Code sections 7267.1 and 7267.2, and shall require approval of the Grantee, the City. The Grantee and the City shall have an opportunity to accompany the appraiser for the Acquiring Entity when the appraiser goes on the Property with Landowner.
(vii) Should this Easement be condemned or otherwise terminated on any portion of the Property, the balance of the Property shall remain subject to this Easement and reimbursement shall be pro-rated. In this event, all relevant related documents shall be updated and re-recorded by the Grantee to reflect the modified easement area. Encumbrances junior to this Easement shall remain subordinate to the Easement as amended.
(b) Compensation.
(i) The grant of this Easement gives rise to a property right immediately vested in Grantee.
(ii) Compensation of the Grantee shall proceed as follows: The value of the Easement terminated or extinguished shall be determined in accordance with this Section 22(b), and the Grantee shall receive from the Landowner the entire value of the Easement to the extent terminated or extinguished.

Until such compensation is paid to the Grantee in full, the amount of that compensation shall be a first priority lien on the Property with the same seniority as this Easement. This Easement shall not be deemed terminated or extinguished until such payment is received by the Grantee. (iii) The parties stipulate and agree that except as otherwise required by state law, the fair market value of the Easement (the “Easement Value”) shall be equal to: (1) the fair market value of the Property, unencumbered by the Easement (the “Property Value”), less (2) the fair market value of the Property as encumbered by the Easement each as determined on or about the date of the termination.
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02.8.24 (iv) The Grantee is entitled to its full share of proceeds as calculated herein regardless of any amount owing to a lienholder, lender or other creditor of Landowner.
(v) The fair market valuation shall be determined by an appraisal performed by a qualified appraiser jointly selected by the Landowner, the Grantee and the City. Appraisals shall conform to the Uniform Standards of Professional Appraisal Practices.
(vi) If the Landowner has initiated termination of the Easement through a judicial proceeding, the Landowner shall pay the cost of the appraisal, and the appraisal is subject to approval by the City. Nothing herein shall prevent the Landowner, the Grantee, or the City from having an appraisal prepared at its own expense.
(vii) If the Grantee obtains payment on a claim under a title insurance policy insuring this Easement, payment shall be distributed as set forth this Section 22(b).

23. Interpretation.
(a) This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. (b) References to specific authorities in this Easement shall be to the statute, rule, regulation, ordinance, or other legal provision that is in effect at the time this Easement becomes effective.
(c) No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities that may be permitted under this Easement.

24. Notices.

Any notices to the Landowner and the Grantee required by this Easement shall be in writing and shall be personally delivered or sent by First-Class Mail to the following addresses, unless a party has been notified by the other of a change of address:

To the Landowner:

CRS Farming, LLC
11878 Avenue 328
Visalia, CA 93291
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02.8.24 To the Grantee:

Sequoia Riverlands Trust
427 S. Garden
Visalia, CA 93277
Any notices required by this Easement to be sent to the City shall be in writing and shall be personally delivered or sent by First-Class Mail, at the following address, unless a party has been notified by the City, or either one of them, of a change of address:

To the City:

City of Visalia Community Development Dept.
315 E. Acequia Avenue
Visalia, CA 93277

25. The Landowner’s Environmental Warranty.
(a) Nothing in this Easement shall be construed as giving rise to any right or ability in the Grantee or the City to exercise physical or management control over the day-to-day operations of the Property, or any of the Landowner's activities on the Property, or otherwise to become an "owner" or "operator" with respect to the Property as those words are defined and used in environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended or any corresponding state and local statute or ordinance.
(b) The Landowner warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property other than the use of Hazardous Materials in Landowner’s farming operations in compliance with Environmental Laws. Moreover the Landowner hereby promises to defend and indemnify the Grantee and the City against all litigation, claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws. The Landowner’s indemnification obligation shall not be affected by any authorizations provided by the Grantee to the Landowner with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, however, that the Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by the Grantee.
(c) “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive 539

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02.8.24 materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment or any other material defined and regulated by Environmental Laws.
(d) The Landowner warrants that it shall remain in compliance with, all applicable Environmental Laws. The Landowner warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. (e) “Environmental Law” or “Environmental Laws” means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, Hazardous Materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect.
(f) If at any time after the effective date of this Easement there occurs a release, discharge or other incident in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, the Landowner agrees to take any steps that are required of the Landowner with respect thereto under federal, state, or local law necessary to ensure its containment and remediation, including any cleanup.

26. The Landowner’s Title Warranty; No Prior Conservation Easements.

The Landowner represents and warrants that it owns the entire fee simple interest in the Property, including the entire mineral estate except as otherwise expressly identified in this Easement, and hereby promises to defend this Easement against all claims that may be made against it.

Any and all financial liens or financial encumbrances with priority over this Easement existing as of the date of the recording of this Easement have been subordinated.

The Landowner represents and warrants that the Property is not subject to any other conservation easement whatsoever.
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02.8.24 27. Granting Subsequent Easements, Interests in Land, or Use Restrictions. (a) With permission of the Grantee pursuant to Section 4, the Landowner may grant subsequent easements, including conservation easements, interests in land, or use restrictions on the Property. Under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restrictions that might diminish or impair the agricultural productive capacity or open space character of the Property.
(b) The Grantee’s written approval shall be obtained at least thirty (30) days in advance of the Landowner’s execution of any proposed subsequent easement, interests in land, or use restriction on the Property, and such subsequent easements, interests in land, and use restrictions shall make reference to and be subordinate to this Easement.
(c) The Grantee shall notify the City immediately upon receipt of request by the Landowner to grant a subsequent easement, interest in land, or use restriction on the Property, and provide copies of documents associated with such a request to the City.
(d) The Grantee shall notify the City in the event that it approves the grant of any subsequent easement, interest in land, or use restriction on the Property.

28. Administrative Costs.

The administration of this Easement by Grantee requires considerable time and expense. Grantee shall bear all routine administrative expenses related to the Easement including, but not limited to the following activities: routine easement monitoring and reporting, and notices of permitted activities, and routine staff work. Landowner agrees to pay the reasonable expenses of Grantee for non-routine administration of the Easement including, but not limited to actions requiring Grantee's prior approval, enforcement of Easement violations and any requests of Landowner that entail or require an amendment to this Easement.

29. Severability.

If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

30. Entire Agreement.

This Easement, including the attached exhibits and the Baseline Report, is the final and complete expression of the agreement between the parties with respect to the subject matter contained herein. Any and all prior or contemporaneous agreements 541

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V.1 Final

02.8.24 with respect to this subject matter, written or oral, are merged into and superseded by this written instrument.

The exhibits attached to and included in this Easement are:

Exhibit A - Legal Description
Exhibit B - Map

31. Acceptance.

As attested by the signature of its Executive Director affixed hereto, as authorized by Grantee’s Board of Directors/Trustees, in exchange for consideration, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Agricultural Conservation Easement.

To Have and To Hold, this Deed of Agricultural Conservation Easement unto the Grantee, its successors and assigns, forever.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
542

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V.1 Final

02.8.24 In Witness Whereof, the Landowner and the Grantee, intending to legally bind themselves, have set their hands on the date first written above.

LANDOWNER
CRS Farming, LLC,
a California limited liability company
__________________________
By: Eric M. Shannon, Manager
__________________________
By: Jerrid P. Shannon, Manager
__________________________
By: Dustin R. Shannon, Manager

GRANTEE
Sequoia Riverlands Trust,
a California nonprofit public benefit corporation
By: ________________________________
Name: Logan Robertson Huecker
Title: Executive Director

543

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V.1 Final

02.8.24 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On ________________ 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 _____________________________

544

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V.1 Final

02.8.24 ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On _________________ 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 _____________________________

545

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V.1 Final

02.8.24 ACCEPTANCE OF CONSERVATION EASEMENT BY THE CITY OF VISALIA

AND DISCHARGE OF AGRIGCULTURAL PRESERVATION REQUIREMENT The CITY OF VISALUA, a municipal corporation (City), hereby accepts and approves the foregoing Deed of Agricultural Conservation Easement (the “Conservation Easement”) and the rights conveyed therein.

The City agrees that recordation of this Conservation Easement satisfies 158.75 acres of the Hayes Ranch, LLC a California limited liability company’s obligation under Visalia Municipal Code Title 18, Chapter 18.04, Agricultural Land Preservation Program, which requires the Hayes Ranch, LLC, a California limited liability company (“Developer”) to conserve 158.75 acres of Prime or Farmland of Statewide Importance” required in connection with the Carleton Acres project (“Project”) approved by the City on __________. The City of Visalia approved the Project subject to preservation requirements including Section 18.04.080.C.9 pursuant to which the Project may purchase and dedicate a conservation easement to mitigate for impacts related to the loss of prime farmland and farmland of statewide importance.

CITY OF VISALIA
By: _______________________________________
Name:

Its:

Date: ________________
Approved as to Form:

City Counsel
By: _______________________________________
Name:

546

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CRS-Hayes Ranch-Carleton Acres
V.1 Final

State of California )
County of _______________ ) ss.

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 _____________________________

547

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V.1 Final

02.8.24 Exhibit A
(Property)

LEGAL DESCRIPTION
Agricultural Mitigation Easement
That portion of Section 6, Township 17 South, Range 25 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows:

Beginning at the Northwest corner of said Section 6;
Thence Easterly, along the North line of said Section 6, a distance of 1300.00 feet;
Thence Southerly, along a randomline,adistance of 5281.34 feettoapointonthe Southlineofsaid Section 6, located 1320.00 feet Easterly of the Southwest corner thereof;
Thence Westerly, along the South line ofsaid Section 6, a distance of 1320.00 feet to the Southwest corner of said Section 6;
Thence Northerly, along the West line of said Section 6, a distance of 5276.27 feet to the Point of Beginning.

Containing 158.75 acres more or less.

548

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V.1 Final

02.8.24 Exhibit B
(Map)
549
550
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0050 Agenda Date: 2/20/2024 Agenda #: 13.

Agenda Item Wording:

Fire Department Grant Application Authorization - Authorize staff to submit a grant application for the 2023 Assistance to Firefighter Grant (AFG) in the amount of $86,542.75 to replace seven (7) base station radios and purchase seven (7) vehicular repeaters.

Deadline for Action: 2/20/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, x4220; Tom Van Grouw, x4265; Crissy Balderama, x4513
Department Recommendation:

Staff recommends City Council authorize staff to apply for the 2023 Assistance to Firefighter Grant (AFG) to replace seven (7) base station radios and purchase seven (7) vehicular repeaters for the total amount of $86,542.75. Staff also recommends Council accepts the grant and appropriate the matching funds if awarded. If awarded, the AFG would cover $77,888.48 and the City’s match portion (10%) would be $8,654.27.

Background Discussion:

The Assistance to Firefighter Grant is a competitive annual grant that is funded by the Federal Emergency Management Agency (FEMA) and supports fire agencies across the country. The AFG Grant is a 90/10 grant, meaning the AFG covers 90%, and recipients cover 10% of the project cost.

Currently, this project costs $86,842.75 If awarded, the City’s cost share responsibility would be $8,654.27, and the AFG would cover $77,888.48, at current pricing. Both projects proposed for this application are designated as “high priority” projects for the AFG.

The first project proposed is to replace the department’s seven current base station radios that are 20 years old and are no longer supported by the manufacturer. The current base station radios reached their manufacture’s end-of-service life in 2018. End-of-service life means that the equipment is discontinued and no longer supported by the manufacturer, making parts/service unavailable. One base station radio is located at each of Visalia’s six fire stations with a second radio located at Fire Station 54 in the battalion chief’s quarters. The base station radio is the means through which both emergency and non-emergency radio traffic is broadcast throughout the fire stations.

The second project proposed is for seven vehicular repeaters. Radio communications work when personnel speak into their portable radios and that signal reaches one of the repeaters located around the city. The signal is then sent out from the repeater and received by any device within range and on the same channel as the transmitting radio. The current issue, and the issue vehicular repeaters would improve, is there are certain locations and buildings in the city that are either out of range or too dense for radio signals to reach the necessary repeater. Operations at these sites leave Visalia City Council Page 1 of 2 Printed on 4/26/2024
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File #: 24-0050 Agenda Date: 2/20/2024 Agenda #: 13.
personnel with spotty or no radio communications. Vehicular repeaters are repeaters designed to be mounted in emergency vehicles. Having repeaters mounted in vehicles on scene significantly reduces the distance the portable radio signal is required to travel to reach a repeater and in turn, enhances radio communications in those buildings and areas where there previously was not coverage.

Fiscal Impact:

Based on a recent quote from Motorola Solutions, the total cost to replace seven (7) base station radios and purchase seven (7) vehicular repeaters is $86,542.75, including tax.

If the grant is awarded to the City, $86,542.75 will need to be appropriated from the General Fund to purchase the equipment. The grant will then reimburse the general fund $77,888.48 (90%) and the remaining $8,654.27 (10%) will be funded by the General Fund to cover the City’s match portion. This project will only be appropriated if the grant is awarded.

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the request to apply for the Assistance to Firefighters Grant and consider this project during a future capital improvement program.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to apply for the Assistance to Firefighter Grant (AFG) to replace seven (7) base station radios and purchase seven (7) vehicular repeaters in the amount of $86,542.75, and accept the grant and appropriate funds from the general fund if the grant is awarded to the City.

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

1. QUOTE-2005263 - VHF Base Stations

2. QUOTE-2519651 - Vehicle Repeater
Visalia City Council Page 2 of 2 Printed on 4/26/2024
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Billing Address:

VISALIA FIRE DEPT, CITY OF
309 S JOHNSON ST
VISALIA, CA 93291
US
Quote Date:01/09/2023
Expiration Date:03/10/2023
Quote Created By:

Randy Emerzian
[email protected]
End Customer:

VISALIA FIRE DEPT, CITY OF
Steve Walker
[email protected]
559-713-4252
Contract: 36273 - SOURCEWELL
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ Consolette
1 L37TSS9PW1AN ALL BAND CONSOLETTE 7 $9,551.00 $6,972.23 $48,805.61 1a G48BB ENH: CONVENTIONAL

OPERATION APX
7 $880.00 $642.40 $4,496.80
1b QA05751AA ADD: NO ENCRYPTION,

CLEAR RADIO (NO ADP) (US
ONLY)
7 $0.00 $0.00 $0.00
1c CA01598AB ADD: AC LINE CORD US 7 $0.00 $0.00 $0.00
1d GA05507AA DEL: DELETE 7/800MHZ
BAND
7 -$800.00 -$584.00 -$4,088.00
1e GA05509AA DEL: DELETE UHF BAND 7 -$800.00 -$584.00 -$4,088.00 1f G78AR ADD: 3Y ESSENTIAL

SERVICE
7 $288.00 $288.00 $2,016.00
1g W382AM ADD: CONTROL STATION

DESK GCAI MIC
7 $186.00 $135.78 $950.46
1h L999AG ADD: FULL FP W/E5/KEYPAD/

CLOCK/VU
7 $868.00 $633.64 $4,435.48
1i G241AW ENH: SOFTWARE ASTRO

READY (ANALOG) APX
7 $0.00 $0.00 $0.00
2 HKN6243A BRACKET,APX CONSOLETTE

WALL MOUNT BRACKET KIT
7 $60.00 $43.80 $306.60
QUOTE-2005263
VHF Base Stations
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 1 ends

553
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 3 HKN6233C APX CONSOLETTE RACK

MOUNT KIT
7 $200.00 $146.00 $1,022.00
Subtotal $53,856.95
Estimated Tax $4,577.84
Grand Total $58,434.79(USD)
Notes:

QUOTE-2005263
VHF Base Stations
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 2 ends

554
Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
555
QUOTE-2519651

VISALIA FIRE DEPT, CITY OF
02/08/2024
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 556 02/08/2024

VISALIA FIRE DEPT, CITY OF
309 S JOHNSON ST
VISALIA, CA 93291
Dear Steve Walker,
Motorola Solutions is pleased to present VISALIA FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

Motorola Solutions Manufacturer's Representative
QUOTE-2519651
557
Billing Address:

VISALIA FIRE DEPT, CITY OF
309 S JOHNSON ST
VISALIA, CA 93291
US
Quote Date:02/08/2024
Expiration Date:04/08/2024
Quote Created By:

Randy Emerzian
[email protected]
End Customer:

VISALIA FIRE DEPT, CITY OF
Steve Walker
[email protected]
559-713-4175
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1 TT2792A VRX1000 - VHF 136-174 MHZ* 7 $3,684.00 $3,684.00 $25,788.00 2 HAD4008A UNITY GAIN ANTENNA

QUARTERWAVE VHF
150.8-162 - ROOF MOUNT
7 $25.92 $16.85 $117.95
Subtotal $25,905.95
Estimated Tax $2,202.01
Grand Total $28,107.96(USD)
Notes:
● Additional information is required for one or more items on the quote for an order. ● This quote is utilizing the State of California STPD contract. This order is subject to a 1% service fee that will be collected by the State of California.

QUOTE-2519651
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

558
Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

RADIO EXTENDER
Public safety agencies and utilities seeking alternative methods for portable radio coverage enhancement can safely rely on the VRX1000 Vehicle Radio Extender. The Futurecom VRX1000 is a compact 3 W simplex radio extender integrated with Motorola APX™ 8500, APX 7500, APX 6500, APX 5500, APX 4500 and APX 2500 mobile radios. A scaled down version of the industry-leading 10 W full duplex DVRS, the VRX1000 improves portable radio coverage while keeping users connected to conventional and trunked networks. The small size of the VRX1000 allows it to be easily installed in patrol cars and utility trucks.

KEY FEATURES AND BENEFITS
• Programmable output power: 0.5 - 3 W
• Simplex operation.
• Analog operation with P25 software upgrades
available.
• Available in VHF, UHF, 700/800 MHz bands.
• Integrates with remote mount APX 8500,
APX 7500, APX 6500, APX 5500, APX 4500 and
APX 2500 mobile radios.
• In-Band or Cross-Band configurations.
• Operated through mobile radio control head.
• Sold exclusively through Motorola Solutions.
560

GENERAL SPECIFICATIONS
Dimensions: Height x Width x Depth, Weight 45 x 175 x 160 mm (1.7 x 6.8 x 6.2 in), 2.0 kg (4.4 lb) (cross-band, no filters)
Channel Spacing 12.5 or 25 kHz programmable (25 kHz operation not available in USA) Number of Channels 192 (1 Channel when in VRS750-compatible mode) Number of MSU Entries (Zone + Channel) 2047
CTCSS/DCS Programmable per Analog Channel
Power Supply 13.8 V DC ±20%, negative ground only
DC CURRENT DRAIN (VRX1000 ONLY):

VRX1000 Off 0.01 A Max
VRX1000 Standby 0.8 A
VRX1000 Receive 0.8 A
VRX1000 Transmit 3.0 A

EXTERNAL CONNECTORS
Antenna Mini UHF, 50 Ohms
Mobile Radio DB25
Auxiliary / Options DB15 (Y cable)
DC Power M12 Circular
Computer Interface Mini USB

ENVIRONMENTAL
Operating Temperature -30 °C to +60 °C (-22 °F to +140 °F) Storage Temperature -40 °C to +85 °C (-40 °F to +185 °F) Protection Against Liquids IP54

EQUIPMENT TYPE ACCEPTANCE
VHF UHF 700 / 800 MHz
FCC LO6-VRX1000 LO6-VRX1000 LO6-VRX1000700800
Industry Canada 2098B-VRX1000 2098B-VRX1000 2098B-VRX10007800 Safety EN60950-1 EN60950-1 EN60950-1

TRANSMITTER SPECIFICATIONS
VHF UHF 700 / 800 MHz
Frequency Band FCC [MHz] 136-174 MHz 380-406 MHz
406.1-512 MHz
764-775 MHz
851-869 MHz
Frequency Band IC [MHz] 138-174 MHz 406.1-430 MHz
450-470 MHz
768-776 MHz
851-869 MHz
Power Output @ Antenna Port Programmable 0.5 – 3 W
Duty Cycle 50% Receive / 50% Transmit
CTC Option 15 sec to 15 min or Disabled
Max Spurious Output -20 dBm
Frequency Stability
(-30 °C to +60 °C; +25 °C Ref.) ±0.75 ppm
FM Hum and Noise 12.5 / 25 kHz -34 dB / -40 dB
Audio Response +1, -3 dB of 6 dB / octave pre-emphasis characteristic over 300 Hz to 3 kHz Audio Distortion <2%
DATA SHEET | VRX1000 VEHICLE RADIO EXTENDER
561

RECEIVER SPECIFICATIONS
VHF UHF 700 MHz
Frequency Band FCC [MHz] 136-174 MHz 380-406 MHz
406.1-512 MHz
764-775 MHz
851-869 MHz
Frequency Band IC [MHz] 138-174 MHz 406.1-430 MHz
450-470 MHz
768-776 MHz
851-869 MHz
Receiver Sensitivity Analog 12 dB SINAD: -115 dBm
Digital P25 5% BER: -115 dBm
Frequency Stability
(-30°C TO +60°C; +25°C Ref.) ±0.75 ppm
Selectivity 12.5 / 25 kHz -60 dB / -70 dB
Intermodulation -70 dB
Spurious Rejection -70 dB
Analog Mode Deviation
(12.5 / 25 kHz) ±2.5 kHz / ±5 kHz
Frequency Deviation
For C4FM (P25)
Low Level: 841-1037 Hz
High Level: 2543-3110 Hz
Analog Mode FM Hum And Noise
(12.5 / 25 kHz) -34 dB / -40 dB
Audio Output (Repeater Detect Audio) 600 mV RMS nominal, flat response Audio Response +1, -3 dB of 6 dB / octave de-emphasis characteristic over 300 Hz to 3 kHz Audio Distortion < 2%

MILITARY STANDARDS COMPLIANCE
High Temperature 501.6 I - A1
501.6 II (Operational)
Low Temperature 502.6 I - C3
502.6 II (Operational)
Temperature Shock 503.6 - C Procedure I
Rain 506.6 III
Humidity 507.6 Procedure II (Aggravated)
Salt Fog 509.6
Vibration 514.7 - I Category 24
Mechanical Shock 516.7 Procedure I (Function)
516.7 Procedure VI (Bench Handling)
*Note: Specifications subject to change without notice.

Note: To ensure interference-free performance when Mobile Radio and VRX are both active, there must be at least 30 dB isolation between antennas.

DATA SHEET | VRX1000 VEHICLE RADIO EXTENDER
562
Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. Futurecom, PDR8000, the Futurecom Logo and the Stylized FC logo are registered trademarks of Futurecom Systems Group, ULC. All other trademarks are the property of their respective owners. ©️ 2022 Motorola Solutions, Inc. All rights reserved. Specifications are subject to change without notice. 06-2022 [EV08]
futurecom.com
VRX1000-equipped
vehicle extends simplex
communications to portable
radios from dispatch
VRX1000-equipped
vehicle extends simplex
communications from
portable radios to dispatch
VRX1000 VEHICLE RADIO EXTENDER
563
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0048 Agenda Date: 2/20/2024 Agenda #: 1.

Agenda Item Wording:

Authorize a resolution to receive Homekey funds - Approve a resolution authorizing a joint application with RHCB Development LP and Visalia Homekey LP for Homekey Round 3.0 not to exceed $15 million for the Majestic Gardens Project; the Mayor to be named as the authorized signer for Homekey documents; and the City Manager to sign Resolution 2024-02.

Deadline for Action: 2/20/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, [email protected] <mailto:[email protected]>, (559)713-4460; Melody Murch Assistant Finance Director, [email protected] <mailto:[email protected]>, (559)713-4379; Renee Nagel, Finance Director, [email protected] <mailto:[email protected]>, (559)713-4375 Department Recommendation:

Staff recommends that Council:
· Adopt Resolution 2024-02 authorizing a joint application with RHCB Development LP and Visalia Homekey LP for Homekey Round 3.0 program not to exceed $15 million for the Majestic Gardens Project as required by California Department of Housing and Community Development;
· Authorize the Mayor to be named as the authorized signer for Homekey documents on behalf of Co-Applicant for participation in the Homekey Program; and · Authorize the City Manager or their designee to sign Resolution 2024-02.

Background Discussion:

On April 17, 2023, Council authorized staff to apply in conjunction with co-applicant RHCB Development LP for Homekey Round 3.0 not to exceed $15 million to assist with the development and operation of the Majestic Gardens Project to convert the Majestic Motel into permanent supportive rental housing. The City of Visalia and co-applicant RHCB Development LP were awarded $13,835,376 for the development and operation of Majestic Gardens. To execute the Homekey 3.0 award, an updated resolution is required to maintain compliance with Government Code 40602, identifying the mayor as the authorized signatory for Homekey documents as well as include the second co-applicant Visalia Homekey LP.

The Majestic Project: On July 18, 2022, Council awarded RFP 21-22-28 to the RHCB Development LP (RHCB) to develop the Majestic Motel into Permanent Affordable Rental Housing for people experiencing homelessness in accordance with HOME Investment Partnerships American Rescue Plan (HOME-ARP) Qualifying Populations, with the use of $1,800,000 in HOME-ARP and $900,000 in Successor Agency Housing (SAH) funds. RHCB’s proposal indicated plans to apply for Homekey Visalia City Council Page 1 of 3 Printed on 4/26/2024
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File #: 24-0048 Agenda Date: 2/20/2024 Agenda #: 1.
funds as the primary source of funding for the Majestic Project development. The project development has also secured Homekey match funds in $1,044,000 in Housing and Homelessness Incentive Program (HHIP) funds and $207,691 in Homeless Housing, Assistance, and Prevention (HHAP) funding from the Kings/Tulare Homeless Alliance (KTHA). The secured match funding has been confirmed and verified by City staff.

Homekey Round 3.0 Award: On May 11, 2023, the City and co-applicant RHCB Development LP applied for Homekey Round 3.0 for the development and operation of the Majestic Gardens. On September 26, 2023, the City and co-applicant RHCB Development LP were notified of an award of $13,835,376 in Homekey 3.0 funds for the Majestic Gardens Project.

On February 6, 2024, California Department of Housing and Community Development (HCD) notified the City in order to execute the Homekey 3.0 award an updated resolution is required to maintain compliance with Government Code 40602, identifying the mayor as the authorized signatory for Homekey documents as well as include the second co-applicant Visalia Homekey LP.

Visalia Homekey LP: Visalia Homekey LP is a California limited partnership developed for the development and operation of the Majestic Gardens Project. Visalia Homekey LP is comprised of RHCB VISALIA LLC, By: RHCB Development LP, a California limited partnership, HOME XXXIV LLC, By: Housing on Merit, a California nonprofit public benefit corporation, and UP VISALIA LLC, By: UP Holdings, a limited liability company.

Next Steps: Upon receiving the fully executed Homekey Round 3.0 contract agreement, acquisition and building permits will be obtained. Rehabilitation is expected to last six months and to be completed in the fall of 2024. Full occupancy is expected to be completed by January 2025. The Majestic Gardens project will provide 41 units of permanent supportive housing and one on-site manager unit. Majestic Gardens will also have on-site case managers, an office, and resource room to assist in tenant’s long-term housing stability and lead to a life of self-sufficiency.

Fiscal Impact:

The Homekey round 3.0 award provided $13,835,376 toward the development and operation of the Majestic Project to provide permanent supportive housing. No additional funding is requested from City grant sources, and there is no General Fund money budgeted for this project.

Prior Council Action: • December
20, 2021: HOME-ARP public hearing to review and comment on the development of HOME-ARP Allocation Plan. • July 18, 2022: Award of RFP-21-22-28 to RHCB Development for $1.8 million in HOME-ARP and $900,000 in Successor Agency Housing (SAH) funds for the development of the Majestic Inn to permanent supportive affordable rental housing. • April 17, 2023: Council authorized staff to apply for Homekey Round 3.0 not to exceed $15 million to assist with the development and operation of the Majestic Project to convert the Majestic Motel into permanent supportive rental housing.

Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

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File #: 24-0048 Agenda Date: 2/20/2024 Agenda #: 1.

I move to:
· Adopt Resolution 2024-02 authorizing a joint application with RHCB Development LP and Visalia Homekey LP for Homekey Round 3.0 not to exceed $15 million for the Majestic Gardens Project as required by California Department of Housing and Community Development;
· Authorize the Mayor to be named as the authorized signer for Homekey documents on behalf of Co-Applicant for participation in the Homekey Program; and · Authorize the City Manager or their designee to sign Resolution 2024-02.

Environmental Assessment Status: Completed
CEQA Review: N/A
Attachments: Attachment A
- Homekey Award Letter Attachment B - Resolution
2024-02.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
**CORRECTED LETTER**
December 8, 2023
Leslie Caviglia, City Manager
City of Visalia
220 North Santa Fe Street
Visalia, CA 93292
Wayne Rutledge, Chief Executive Officer
RHCB Development LP
3040 North Fresno Street
Fresno, CA 93703
Wayne Rutledge, Chief Executive Officer
Visalia Homekey LP
3040 North Fresno Street
Fresno, CA 93703
Dear Leslie Caviglia and Wayne Rutledge:

RE: Revised Award Announcement – Homekey Program
Notice of Funding Availability, Fiscal Year 2023/2024, Round 3 City of Visalia, RHCB Development LP, and Visalia Homekey LP – Majestic Gardens Contract No. 23-HK-17984
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Visalia, RHCB Development LP, and Visalia Homekey LP (Awardees) have been awarded a Homekey Round 3 revised award in the amount of $13,835,376.

This revision is to clarify the parties receiving the award of HK funds. This letter constitutes notice of the designation of Homekey funds for the Awardee, and fully replaces the letter originally issued.

The Award date remains September 26, 2023.

Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.

Your Ambassador will be in communication with you to develop the Standard Agreement and confirm any documents needed to execute this contract.

Congratulations on your successful application. For further information, please contact Connor Leahy, Homekey Program Manager, Program Design and Implementation Branch, at (916) 820-1207 or [email protected].

Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
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AUTHORIZING RESOLUTION
RESOLUTION NO. 24-__

A RESOLUTION OF THE GOVERNING BODY OF CITY OF VISALIA AUTHORIZING

JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY PROGRAM WHEREAS:

A. The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).

B. CITY OF VISALIA (“Co-Applicant”) desires to jointly apply for Homekey grant funds with RHCB DEVELOPMENT, LP and VISALIA HOMEKEY, LP (“Corporation”). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration.

C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

THEREFORE, IT IS RESOLVED THAT:

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $15,000,000.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $15,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
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4. The Mayor is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

PASSED AND ADOPTED this 20th day of February, 2024, by the following vote:

AYES: [ _] NAYES: [ _] ABSTAIN: [ _] ABSENT: [ _]
The undersigned, Leslie Caviglia, City Manager of Co-Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: ________________________ DATE: _____________________ NAME: _____________________________ TITLE: _____________________ [NOTICE AND INSTRUCTIONS APPEAR ON THE FOLLOWING PAGE]
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NOTICE AND INSTRUCTIONS

1. Notice. The Department is providing this template Authorizing Resolution as informational guidance only. The Department encourages each Co-Applicant to consult with professional legal counsel during the development of its own formal, legally binding statement that it is authorized to apply to and participate in the Homekey Program.
a. Please note, however, that any limitations or conditions on the authority of the signatory or signatories to execute the Application or the Homekey Documents may result in the Department rejecting the Authorizing Resolution.

2. Accuracy, Verification. The Department will verify that this Authorizing Resolution comports with the legal authority and composition of Co-Applicant’s governing body.

Co-Applicant must timely notify the Department, in writing, of any factors that limit its ability to provide an Authorizing Resolution which is materially in line with this template.

3. Dollar Amounts of Grant Awards. The Department recommends identifying an authorized dollar amount that is at least double the anticipated award (based on current formula calculations). Award amounts are subject to change. If Co-Applicant is ultimately awarded an amount in excess of the amount identified in the Authorizing Resolution, the Department will require a new Authorizing Resolution from CoApplicant before execution of a Standard Agreement.

4. Authorized Signatory or Signatories, Designee. Co-Applicant, as a state, regional, or local public entity, may designate an authorized signatory by title only. In addition, Co-Applicant may authorize multiple signatories, so long as there is clarifying language as to whether the signatories are authorized to execute the Homekey Documents individually or collectively. In addition, Co-Applicant may authorize a designee of the authorized signatory to execute the Homekey Documents. In such case, Co-Applicant must append a supporting document (e.g., memorandum, meeting notes of official action), which indicates the name and title of the designee who is authorized to legally bind the governing body.

5. Vote Count. Please fill out the field by every voting category (i.e., Ayes, Nayes, Abstain, Absent). If none, please indicate zero (0) for that field. The vote count must comport with the legal authority and membership of the Co-Applicant’s governing body.

6. Certification of Authorizing Resolution. The individual who certifies the Authorizing Resolution cannot also be authorized to execute the Homekey Documents on behalf of Co-Applicant.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0054 Agenda Date: 2/20/2024 Agenda #: 2.

Agenda Item Wording:

Business Regulations Amendment - Open Public Hearing and continue the item for an ordinance to amend Visalia Municipal Code Chapters 5.04 and 5.28 to include general updates and to address changes required for compliance with other sections of the Visalia Municipal Code.

Deadline for Action: 2/20/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Melody Murch, Assistant Finance Director, 713-4379.

Summary:

Staff prepared and published the required notice for a public hearing to take place on February 20, 2024 at 7:00 p.m. The full report and first reading of the ordinance will be provided at the next Council meeting.

Recommended Motion (and Alternative Motions if expected):

I move to open the public hearing and continue the item to the next meeting for a full report of the proposed amendments to Visalia Municipal Code 5.04 and 5.28.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0031 Agenda Date: 2/20/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming Council Meeting: Upcoming Council Meetings:

Monday, March 04, 2024 at 7:00 p.m. @ 707 W. Acequia
Monday, March 18, 2024 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, to discuss your accessibility needs: 559-713-4512 or [email protected]
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Visalia City CouncilFebruary 20, 2024

Visalia City Council
February 20, 2024