It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.
City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
DD.. AAPPPPRROOXXIIMMAATTEE EESSTTIIMMAATTEE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.
EE.. EEXXAAMMIINNAATTIIOONN OOFF SSPPEECCIIFFIICCAATTIIOONNSS AANNDD SSIITTEE OOFF WWOORRKK Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.
If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.
Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.
Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.
FF.. DDIISSCCRREEPPAANNCCIIEESS AANNDD MMIISSUUNNDDEERRSSTTAANNDDIINNGGSS No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.
The contractor will bear no liability for any errors that he discovers and reports to the City.
879
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
27 of 58
The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.
GG.. BBIIDD FFOORRMMSS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.
All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.
All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.
When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.
HH.. WWIITTHHDDRRAAWWAALL OOFF BBIIDDSS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.
II.. DDIISSQQUUAALLIIFFIICCAATTIIOONN OOFF BBIIDDDDEERRSS Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.
JJ.. OOPPEENNIINNGG OOFF BBIIDDSS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.
Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.
KK.. IINNCCUURRRRIINNGG CCOOSSTTSS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.
VVIIIIII.. PPRROOTTEESSTTSS//AAPPPPEEAALLSS
Because it is essential that bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer bidders the opportunity to appeal award of contracts.
The following procedures shall apply in regard to appeals:
880
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
28 of 58
1. Any actual bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and
2. Should identify only the areas regarding big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to bidder in writing within five (5) working days of receipt of the appeal unless the bidder is notified more time is required.
4. Further levels of appeal may be made in accord with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
IIXX.. AAWWAARRDD AANNDD EEXXEECCUUTTIIOONN OOFF CCOONNTTRRAACCTT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.
The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.
The award, if made, will be made within ninety (90) days from bid closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:
1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.
2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.
3. Should contractor be awarded contract, contractor shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.
4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.
5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract 881
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
29 of 58
or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.
6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.
Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.
B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.
C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.
D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.
It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.
E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.
The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.
XX.. CCOONNTTRROOLL OOFF WWOORRKK
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 882
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
30 of 58
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.
883
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
31 of 58
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.
884
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
32 of 58
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.
XXII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT
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.
885
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
33 of 58
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.
886
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
34 of 58
XXIIII.. LLEEGGAALL RREESSPPOONNSSIIBBIILLIITTIIEESS && SSPPEECCIIAALL PPRROOVVIISSIIOONNSS
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
887
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
35 of 58
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.
888
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
36 of 58
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 889
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
37 of 58
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.
890
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
38 of 58
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.
891
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
39 of 58
Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM
CITY OF VISALIA, CA
RFB-22-23-12, LANDSCAPE MAINTENANCE OF QUADRANT L
In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-12 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.
892
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
40 of 58
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 L, PER SPECIFICATIONS OF RFB-22-23-12
Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)
X
Unit Cost
(Monthly)
=
Monthly Price
Turf (including irrigation maintenance) 245,538
X
$________/sq. ft.
= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 210,632
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: __________________________________
893
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
DDEESSIIGGNNAATTIIOONN OOFF SSUURREETTIIEESS
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
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
RREEFFEERREENNCCEESS
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.
894
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
42 of 58
Name of Bidding Agency:____________________
SSUUBBCCOONNTTRRAACCTTOORRSS
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 #
895
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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):
896
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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, semi- annually, or annually).
4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company: ____________________________________________________________________________
Business Address: ____________________________________________________________________________
Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):
897
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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 . 22-23-12
Project: Landscape Maintenance of Quadrant L 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 _______________________________, 2024
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.
898
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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. 899
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
900
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
901
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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
902
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
903
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
904
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
52 of 58
EXHIBIT “C”, Sample Contract – do not submit with Bid
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF
QUADRANT L
(City of Visalia Bid No. 22-23-12)
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. 22-23-12 (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.
905
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
53 of 58
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-22-23-12, Landscape Maintenance of Quadrant L, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-12
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. 22-23-12.
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.
906
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
54 of 58
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. 907
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
55 of 58
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.
908
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
909
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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.
910
BID NO. 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT L
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
911
RFB 22-23-12
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant L Page 1 of 1
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 22-23-12
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT L
ADDENDUM NO. 1
Issued: Thursday, February 22, 2024
Bids Due: Thursday February 29, 2024 at 2:00 P.M.
This Addendum is being issued to provide responses to questions and to confirm wages. This addendum becomes part of the RFB 22-23-12 document and must be signed and submitted with bid.
ITEM 1: QUESTIONS/RESPONSES
Q1. Do you have an approximate work start date? Response: The approximate start date could be April 1, 2024 but no later than May 1, 2024. This project will need to be approved by the Visalia City Council and contracts would need to be signed before the start date.
Q2. 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 22-23-12, which have been updated.
Quadrant L – 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)
245,538 X $0.0177/ sq. ft. = $4,346.02
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
210,632 X $0.0177 sq. ft. = $3,728.19
Total Monthly for Level A Service $8,074.21
ITEM 2: PREVAILING WAGES
Prevailing wages were checked on February 20, 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
912
RFB-22-23-12 Exhibit D-1
District # Description Turf Sq Ft ShrubSq Ft Acres
LL8701 Coopman Akers 4,962 2,252 0.166
LL0025 Country Akers #1 13,608 2,517 0.370
LL0049 Country Akers #2 21,811 4,537 0.605
LL8905 Country Akers #3 4,500 3,332 0.180
LL8914 Key West #1 1,398 1,219 0.060
LL8914 Key West #2&3 4,407 3,690 0.186
LL0318 Oakwest #5 23,411 33,480 1.306
LL0318 Oakwest #5 Pocket Park 61,765 50,100 2.568
LL0401 Oakwest #6 6,470 5,065 0.265
LL0708 Oakwest #7 54,778 50,941 2.427
LL8709 Robinwood Estates 8,280 3,635 0.274
LL9004 Robinwood Estates #3 4,140 3,525 0.176
LL0310 Tiffany Ranch 10,807 6,968 0.408
LL0310 Tiffany Ranch Riparian 14,500 0 0.333
LL9111Westwood Estates 10,701 481 0.257
LL2103Hillsdale Southland 20,731 0.476
LL2004 Walnut Park Estates 18,159 0.417
2023 District L - Total 245,538 210,632 10.472
Total Square Footage to be maintained:456,170
Landscape Maintenance of Quadrant L
updated: 01/22/2024 3:58 PM 913
Country Akers #2
Country Akers #3
Country Akers #1
Westwood Estates
Robinwood EstatesCoopman Akers
Key West #2
Key West #1
Tiffany RanchOakwest #7
Oakwest #5
Oakwest #6
Robinwood Estates #3
Hwy 198
W Hurley Ave
W Goshen Ave
N Shirk St
N Akers St
S Akers St
W Pershing Ave
W School Ave
S Shirk St
W Sweet Dr
W Mineral King Ave
S Linwood St
N Preston St
N Tommy St
W Noble Ave
W Myrtle Ave
N Linwood St
W Leighson Ave
W Allen Ave
N Atwood St
N Crenshaw St
W Hillsdale Ave
N El Cajon St
W Grove Ave
W Delta Ave
W Damsen Ave
W Cypress Ave
N Marcin St
W Elowin Dr
N Roeben Dr
S Roeben St
W Grove Ct
S Atwood St
W Sweet Ave
N Rova St
W Harold Ave
N Kent St
W Pianosa Ave
S Bollinger St
W Prospect Ave
N Boise St
Private St
W Livorno Ave
N Mae Carden St
W Fiano Ave
Rd 92
W Firenze Ave
W Kaweah Ave
W Oak Ave
S Crenshaw St
N Bollinger St
W Allen Ct
W Addisyn Ct
W Cecil Ave
W Elowin Ave
W Oak Ct
N Denton Ct
S Lindsay St
W Nicholas Ct
W Crowley Ave
W School Ct
S Cottonwood Ct
W Crowley Ct
N Mae Carden Ct
S Tamarack St
W Manor Ct
N Noyes St
W Arezzo Ave
N Cottonwood Ct
W Robinwood Ct
N Sidney St
W Sweet Ct
N Aspen Ct
N Peppertree St
S Peppertree St
S Atwood Ct
N Rova Ct
W Sanders Ave
W Crowley Ave
N Atwood St
W Damsen Ave
W Oak Ave
N Mae Carden St
W Pershing Ave
N Akers St
W Noble Ave
N Bollinger St
N Preston St
N Linwood St
N Marcin St
W Cypress Ave
W Harold Ave
W Damsen Ave
N Kent St
W Harold Ave
W Nicholas Ct
W Grove Ave
W Damsen Ave
W Noble Ave
PERSIAN
MILL CREEK
City of Visalia
District L
0 0.2 0.4 Miles
±
R. Conaway
12/19
1:12,000
Legend
Waterways
Railroad
Parks
Storm Water Basins
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
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%
937
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0108 Agenda Date: 3/18/2024 Agenda #: 13.
Agenda Item Wording:
Out-of-Scope Authorization for legal assistance - Direct the City Manager to authorize a temporary out-of-scope work program to address and advise on matters related to the State Groundwater Management Sustainability Act up to a maximum of $75,000 annually through June, 2026.
Deadline for Action: 3/18/2024
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332; Nick Bartsch, Public Works Director, 713-4052
Department Recommendation: It is recommended that the City Council direct the City Manager to authorize a temporary out-of-scope work program with the City’s legal firm, Peltzer Richardson, to address and advise the City Council and Staff on matters related to the State Groundwater Management Sustainability Act. The City’s contract with the firm outlines specific tasks that are considered “Basic Services” and are covered through the contracted flat fee. The contract also provides the option for the City to request the firm to provide additional services not covered in the Basic Services task list. While there had been a City staff member that handled many of the water related matters, that position is currently vacant, and there are a number of complex issues that require immediate and consistent attention over the next several months. Staff believes that it would be best to utilize the services of the Peltzer Richardson to assist the members of Council that serve on the GSA, and staff, and to begin to address some more comprehensive issues, including funding for the City’s portion of the implementation and management the Mid-Kaweah Groundwater Sustainability Agency GSA).
Background Discussion:
Alex Peltzer, who has been active in water law in the area for a number of years, is a former City Attorney, and is familiar with the water situation and status in the Kaweah Basin and other surrounding Basins, would be the lead in this out-of-scope agreement. If approved, the City Manager and the Public Works Director will work with the firm to develop a specific work program that would achieve the following objectives:
· Update City's strategy and core interests in implementation of SGMA · Position City in advance of Kaweah Subbasin probationary hearing, and the emerging disputes between the GSAs that are developing in the face of that, and other matters related to development
· Serve as support for City's policy makers on this issue (reps to MKGSA, KDWCD Cooperative Agreement, City Manager/Asst CM/PW Director) · Serve as knowledge base for new internal position in future Visalia City Council Printed on 4/26/2024Page 1 of 2
powered by Legistar™
938
File #: 24-0108 Agenda Date: 3/18/2024 Agenda #: 13.
Given the issues looming over the next several months, it’s anticipated that this agreement will go through at least the end of this year, and/or, until a new staff member is hired to oversee water matters. Staff is asking for authorization through June, 2026 since this is an evolving situation and it is difficult to fully anticipate the fully scope needed over the next two years. At least initially, the salary and benefits from the unfilled position will offset this expense.
Fiscal Impact:
Up to $75,000 annually through June, 2026 or the hiring of a water staff person. Per the contract, the hourly rate for the out-of-scope work is Attorney: $187.50/hr. and Paralegal: $110/hr. It’s anticipated that the work program will require approximately 20-30 hours a month through 15-20 hours by the attorney, and 5-10 hours by a paralegal.
Prior Council Action: N/A
Other: N/A
Alternatives: To immediately hire a full-time staff member to work on water related matters Recommended Motion (and Alternative Motions if expected):
I move to direct the City Manager to enter into a temporary agreement for out-of-scope services for water related advice and assistance with the legal firm of Peltzer and Richard up to $75,000 annually through June, 2026 if needed.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: City Attorney Contract Agreement Extension, City Attorney Agreement Visalia City Council Printed on 4/26/2024Page 2 of 2
powered by Legistar™
939
940
941
942
943
944
945
946
947
948
949
950
951
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0038 Agenda Date: 3/18/2024 Agenda #: 1.
Agenda Item Wording:
Business Regulations Amendment - Second reading and public hearing for Ordinance 2024-02 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: 3/18/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:
Melody Murch, 559-713-4379, [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends the City Council hold a public hearing for the second reading of Ordinance No 2024-02 to amend the following Visalia Municipal Code (VMC) Chapters included in Title 5 “Business Regulations”:
1. VMC Chapter 5.04 “Business Licenses Generally”.
2. VMC Chapter 5.28 “Hotels and Lodging Houses”.
The amendments and additions to the VMC sections listed above are required to address outdated references and information, and to comply with other sections of the VMC.
Background Discussion:
The information below was previously provided to City Council on March 4, 2024 by agenda item 23- 0466 as part of the first reading of the ordinance.
The current version of Title 5, Business Regulations, in the Municipal Code has been in place since the last amendment occurred in 1995 (Ordinance No. 95-17, adopted June 26, 1995). The amendments proposed in this item are the result of the recent VMC amendment addressing Short- term Rentals which became effective on December 6, 2023. The recently adopted Short-term Rental ordinance requires some clarification of business definitions contained within Title 5, Chapter 5.04 and Chapter 5.28. Staff has also reviewed the entire 5.04 and 5.28 chapters, and this amendment contains updates to clarify language and address outdated references, as well as updates to reflect current business practices and procedures. The full text of Title 5, Chapters 5.04 and 5.28, including clearly marked changes, is included in Attachment A to this item, and discussed below. This amendment includes three types of changes which are: clarifications and corrections, reclassifications, and revisions.
Clarification and Correction: The amendment contains the following clarifications and corrections:
Visalia City Council Printed on 4/26/2024Page 1 of 4
powered by Legistar™
952
File #: 24-0038 Agenda Date: 3/18/2024 Agenda #: 1.
· Gender Pronouns. Throughout Title 5, Chapters 5.04 and 5.28, references to “his/her”, “himself/herself”, “him/her”, and “he/she” have been replaced with the gender-neutral terms “their”, “themself”, “itself”, “it”, “them”, and “they”. · Business Tax Certificate. The definition of “Business Tax Certificate” has been expanded to clarify the terms interchangeability with the terms “Business License”, “City Business License”, “City of Visalia Business License”, and “Business Tax Permit”. · Employee. The definition of “Employee” has been amended to include volunteers, for the purposes of VMC Title 5.
· Grammer and “Typos”. Various minor grammatical and typographical errors have been corrected. These corrections do not result in any material changes. · Outdated References. Outdated references have been updated or removed. These clarifications do not result in any material changes.
Reclassification: The amendment contains the following reclassifications:
· Definitions. The definition sections of 5.04.010 and 5.28.010 contain statements which have been moved to more appropriate code sections or amended for uniformity. Specifically:
o A portion of the “Administrative and Corporate Headquarters” definition has been moved to section 5.04.070 F.
o A portion of the definition for “Real Estate Developer” has been moved to section
5.04.070 G., where it addresses both Real Estate Developers and Subdividers. o The chapter 5.28 definition section (5.28.010 Definitions) has been revised to reference the definitions contained in section 5.04.010 to ensure uniformity throughout Title 5 of the VMC.
Revision: The amendment contains the following revisions to the definition section, 5.04.010:
· Annual Gross Receipts. The definition for “Annual Gross Receipts” has been combined with the “Gross Receipts definition.
· Business Day. A definition for “Business Day” has been added. · Close of Business. A definition for “Close of Business” has been added. · Gross Receipts. Item 8. of the “Gross Receipts” definition has been amended to remove language that could require double payment of business tax to both the City of Visalia, and another City in which the acts or services are performed.
Visalia City Council Printed on 4/26/2024Page 2 of 4
powered by Legistar™
953
File #: 24-0038 Agenda Date: 3/18/2024 Agenda #: 1.
· Lodging House Business. The definition of “Lodging House Business” has been amended for clarification and to exclude the newly added definition for “Short-term Rental”. · Real Estate Developer. The definition of “Real Estate Developer has been revised to exclude the newly added definition for “Real Estate Subdivider”. · Real Estate Subdivider. A definition for “Real Estate Subdivider” has been added. · Rental of Commercial Property. The definition of “Rental of Commercial Property Business” has been revised to include property licensing agreements. An example of a property licensing agreement would be the licensing of a small space within a supermarket to an optometrist. This example creates both a new and separate business and/or location, as well as a commercial landlord arrangement.
· Rental of Residential Property. The “Rental of Residential Property Business” definition has been amended to exclude the newly added definition for “Short-term Rental”. · Short-term Rental. A definition for “Short-term Rental” has been added. · Interstate Commerce. Confusing language in Section 5.04.090 D. has been amended to clarify that if audit of a business located outside the COV that is consummating transactions within the COV results in an increase of the assessment amount during a period for which tax has been paid and a certificate issued, that the increase will begin at the time of the next billing period.
· Provisional Certificate. Section 5.04.130 B. has been revised to reflect that a provisional certificate will be issued when an entity has paid their business tax but is out of compliance with any city ordinance and/or the requirements of another regulatory agency. Because the business tax certificate is simply a receipt for payment, it cannot be withheld, but issuance of a provisional certificate informs the viewer the business is non-compliant. · Confidential Information. Section 5.04.160 D. has been revised to allow, rather than require, city attorney review of the requested disclosure of account information to the business owner.
Most requests by business owners for disclosure of their own account information are routine, and only requests that are out of the ordinary will be questioned and reviewed by the city attorney.
· Fee Changes. Sections 5.04.190, 5.04.210, 5.04.260, 5.04.400 B., and 5.04.420 have been revised to reflect the general City practice that referenced fees will be set by the City’s annual rates and fees process.
· Tax - How and When Payable. Section 5.04.230 A. has been amended to make payment due by close of business as defined in the Title 5 definitions, rather than a specific time of day. · Distribution of Printed Matter. Section 5.04.280 has been amended to comply with section
9.24.010 of the VMC which declares the distribution of printer matter unlawful within the COV.
Visalia City Council Printed on 4/26/2024Page 3 of 4
powered by Legistar™
954
File #: 24-0038 Agenda Date: 3/18/2024 Agenda #: 1.
· Chapter 5.28 Title Change. The title of Chapter 5.28 has been revised to include short-term rentals, and to remove reference to “hotels” which are included in the definition of “Lodging Houses”.
A full review for update of the remaining chapters of Title 5 of the VMC is underway, and recommended amendments for the remaining sections will be brought to Council by Chapter, as they are completed.
Fiscal Impact:
None.
Prior Council Action:
● 3/4/24: Council conducted a Public Hearing and first reading of Ordinance 2024-02 ● 6/26/95: Title 5, “Business Regulations”, was last amended by Council on June 26, 1995 (Ordinance No. 95-17).
Other: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to introduce the second reading of Ordinance 2024-02 for the amendment Visalia Municipal Code (VMC) Chapters 5.04, “Business Licenses Generally”, and 5.28, “Hotels and Lodging Houses” included in Title 5 “Business Regulations”.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
Attachment A: Draft Ordinance 2024-02 Re: Chapter 5.04 and 5.28 Business Regulations.
Visalia City Council Printed on 4/26/2024Page 4 of 4
powered by Legistar™
955
ORDINANCE NO. 2024-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTERS 5.04 AND 5.28 OF THE CITY OF VISALIA MUNICIPAL CODE
PERTAINING TO BUSINESS REGULATIONS GENERALLY AND REGULATION OF
LODGING HOUSES AND SHORT-TERM RENTALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA:
Section 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City Council of the City of Visalia hereby makes the followings findings:
A. The current version of Title 5, Business Regulations, in the Municipal Code has been in place since the last amendment occurred in 1995 (Ordinance No. 95-17, adopted June 26, 1995).
B. The amendments proposed in this item are the result of the recent VMC amendment addressing Short-term Rentals which became effective on December 6, 2023. The recently adopted Short-term Rental ordinance requires some clarification of business definitions contained within Title 5, Chapter 5.04 and Chapter 5.28.
C. The amendments also contain updates to clarify language and address outdated references, as well as to update and revise the Visalia Municipal Code to be consistent with current City business practices and procedures related to the regulation of businesses in the City of Visalia.
Section 2. Title 5 of the Visalia Municipal Code is hereby amended by revising certain sections of Chapter 5.04 to include the modifications described below with newly added language listed in italics/underline and deleted language listed in strikeout. Sections 5.04.010,
5.04.070, 5.04.080, 5.04.090, 5.04.100, 5.04.130, 5.04.150, 5.04.160, 5.04.180, 5.04.190,
5.04.210, 5.04.220, 5.04.230, 5.04.250, 5.04.260, 5.04.270, 5.04.280, 5.04.290, 5.04.320,
5.04.330, 5.04.350, 5.04.390, 5.04.400, 5.04.420 shall henceforth read as follows:
5.04.010 Definitions.
Unless it is apparent from the context that another meaning is intended, the following words and/or phrases, when used in this title, shall have the meaning respectively ascribed to them and shall be interpreted and construed accordingly. As used in this title, the following words or phrases shall mean:
Administrative and Corporate Headquarters. "Administrative and corporate headquarters," as defined by the collector, shall pay a minimum annual business tax. This is an office that is located within the city limits that provide administrative or management related services such as, but not limited to, record keeping, data processing, research, personnel administration, and corporate headquarters services to other locations where the operations of the same business are conducted which lead more directly to the production of gross receipts.
Annual Gross Receipts. "Annual gross receipts", means the total "gross receipts" (as defined in this section) for the calendar year.
956
Business. "Business" includes professions, trades, and occupations and all and every kind of calling carried on with or without the intent of making a profit.
Business Day. “Business Day” includes any day the city of Visalia Business Tax division is open for business.
Business District. "Business district" means any area zoned for business purposes by the zoning regulations of the city.
Business Tax Certificate. "Business tax certificate" shall mean the physical documentation verifying payment of tax issued by the collector, indicating the tax period covered. “Business License”, “City Business License”, “City of Visalia Business License”, and “Business Tax Permit” are used interchangeably within the City of Visalia Municipal Code to mean “Business Tax Certificate” when used in reference to this title.
Calendar Year. "Calendar year" means January 1st, of any given year, through and including December 31st of such year.
City. "City" means the city of Visalia, a certified California chartered city.
City Council. "City council" means any city council of the city.
Chief of Police. "Chief of police" means any chief of police of the police department of the city, or his/her their duly authorized deputies, or assistants who may be charged with the responsibility of enforcing this title.
Close of Business. “Close of Business” means the end of the working day for the Business Tax division of the City of Visalia.
Collector. "Collector" means the director of the finance department, or his/her their duly authorized deputies, or assistants who may be charged with the collection of business taxes and the issuance of business tax certificates.
Contractor. "Contractor" means any contractor, who is required to be licensed as a contractor by the state of California, or any entity that undertakes to or offers to undertake to or purports to have the capacity of to undertake to or submits a bid to, or does himself/herself itself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term contractor includes specialty contractor, and further includes an entity that contracts to hire out personnel and trucks, tractors, excavating or other equipment in connection with a construction project, whether at rates by the hour or day or for a contract amount. Contractors shall include general contractors, specialty contractors, developers, engineering contractors, and all subcontractors doing work within the city.
Director of Finance. "Director of finance" means any director of the finance department of the city, or his/her their duly authorized deputies, or assistants who may be charged with the collection of business taxes and the issuance of business tax certificates.
Employee. "Employee" means any individual engaged in the operation or conduct of any business, whether as a member of the owner's family, agent, manager, solicitor, volunteer, or any other individual employed or working in said business. 957
Entity. "Entity" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies, persons and individuals transacting and carrying on any business in the city, other than as an employee.
Fixed Place of Business. "Fixed place of business" shall mean the premises within the city where a specific business is continuously conducted from day to day and regularly kept open for the purposes of such business.
Gross Payroll. "Gross payroll" includes the total gross amount of all salaries, wages, commissions, bonuses, or other money payment of any kind which an individual received from or is entitled to receive from or be given credit for by his/her employer for any work done or personal service rendered in any trade as reported on federal, quarterly or annual payroll forms 941 or 940; provided, however, that where employees working in the city were reported as having worked elsewhere than in the city, the part of their wages paid or due for work performed in the city shall be included as gross payroll in the city.
Gross Receipts. "Gross receipts" includes the annual calendar year total amounts actually received or receivable for any sale or for the performance of any act or service, of whatever nature it may be, for which charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise; and gains realized from trading in stocks or bonds, interest income, carrying charges, rents, royalties, fees, commissions, dividends, or other emoluments, however designated. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts, shall be the following:
1. Cash discounts allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser (example sales tax or excise tax);
3. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;
4. Amounts collected for others where the business is acting as trustee to the extent that such amounts are paid to those for whom collected; provided, the trustee has furnished the collector with the names and addresses of the others and the amounts paid to them;
5. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;
6. As to a real estate broker, the sales price of real estate sold for the account of others, except that portion which represents commission or other income to the broker;
7. As to alcohol, alcoholic beverages, bars, restaurants, liquor stores, and like businesses dispensing and/or selling alcoholic beverages, only that portion of the gross receipts related to the manufacture, transportation or sale of alcohol shall be exempt;
8. Amounts received or receivable by an entity having a fixed place of business within the city for acts or services performed outside the city, but only to the extent a business tax has been paid to the city or cities in which the acts or services were performed for gross receipts, up to a maximum of twenty-five (25) percent of the total gross receipts; 958
9. Renting, letting, or subletting of property owned by an entity to himself/herself itself or to an entity wholly owned by him/her it.
Individual. "Individual" shall mean one separate being; natural individual. Such individual shall not represent any group of individuals.
Itinerant Vendor. "Itinerant vendor" includes all entities, both principal and agent, who engage in a transient business in the city selling materials, goods, wares and/or merchandise and for the purpose of carrying on such business hire, lease or occupy any room, booth, building or structure for the exhibition or sale of such materials, goods, wares and/or merchandise, or who from any such room, booth, building or structure makes sales. The entities so engaged shall not be relieved from the provisions of this title by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, or as a part of, or in the name of, any local dealer, trader, merchant or auctioneer. Additionally, the business shall be classified as an itinerant vendor if such business conducts business in the city for less than ninety-one (91) calendar days; further, such business may be classified by the collector as an itinerant vendor if such business conducts business continuously for less than three hundred sixty-five (365) calendar days.
Lodging House Business. "Lodging house business" includes any City-approved and properly permitted business entity conducting, carrying on or managing any building in which sleeping rooms or apartments are or may be let or hired cumulatively to six or more individuals for one or more nights, whether compensation therefore be paid in money, labor, merchandise or otherwise; and includes hotels, motels, bed and breakfasts, time-share projects, and apartment houses where cooking is not done in any room or apartment except in the general kitchen used and operated in connection with the business of such lodging house, hotel, motel, bed and breakfast, time-share project, or apartment house. Short-term rentals as defined in this section shall not be considered Lodging House Business.
Musical performances. "Musical performances" includes any concert, minstrel show, band concert, musical performance or exhibition, or entertainment, or other public exhibition, where a charge may be made for admission or seats; provided, that "musical performances" shall not include public dances or circuses.
Outdoor Advertising Business. "Outdoor advertising business" includes any entity carrying on or engaged in the business or occupation of providing outdoor advertising for others.
Peddle. "Peddle" means to sell and make immediate delivery, or offer for sale and immediate delivery, any materials, goods, wares, or merchandise in possession of the seller, at any place within the City other than from a fixed place of business.
Peddler. "Peddler" includes any hawker, vendor, or other individual who goes from house to house, from place to place, or in or along the streets within the city selling and making immediate delivery or offering for sale and immediate delivery any materials, goods, wares, merchandise or anything of value in his/her their possession to entities other than manufacturers, wholesalers, jobbers, or retailers in such commodities.
Police Department. "Police department" means police department (also known as the department of public safety) of the city.
Public Utility. "Public utility" means any entity which furnishes the public with communication, water, light, gas, heat, power, waste treatment/collection/removal, or other public utility or 959
service subject to regulation by the Public Utilities Commission of the state of California or a franchise agreement with the city.
Real Estate Developer/Real Estate Subdivider. “Real Estate Developer” develops a property or subdivision, making physical improvements to it by putting in roads, utility lines, and other infrastructure elements. This type of business will pay on gross receipts from the commissions per the lots/houses/ offices of the development. The business tax application shall be remitted at the beginning of the development project.
Real Estate Subdivider. “Real Estate Subdivider” subdivides and/or sells individual lots with the promise to eventually put in roads, sewers, and water lines.
Rental of Commercial Property Business. “Rental of Commercial Property Business” An entity shall be considered to be in the business of renting commercial property if they rent for consideration one or more units. A commercial landlord is a business or individual that rents, /subleases, or enters into a licensing agreement for one or more units of commercial the property for consideration.
Rental of Residential Property Business. An entity shall be considered to be in the business of renting residential property if they rent for consideration two or more units, be they single-family dwellings, trailers, mobile homes or other units in multiple family residences, within the city limits. Short-term rentals as defined in this section shall not be considered Rental of Residential Property Business.
Sale. "Sale" includes the transfer, in any manner or by any means whatsoever, of title to real or personal property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of the property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale.
The foregoing definitions shall be deemed to include any transaction which is or which, in effect, results in a sale within the contemplation of law.
Short-term rental. “Short-term Rental” shall mean rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be short-term rental.
Solicit. "Solicit" means to sell or take orders or offer for sale or offer to take orders for materials, goods, wares, or merchandise, for future delivery, or for service to be performed, at any place within the city other than a fixed place of business.
Solicitor. "Solicitor" means any individual engaged in soliciting, canvassing, or taking orders from house to house or from place to place, by telephone or by any other means of communication for any materials, goods, wares or merchandise, for any article to be delivered in the future or for services to be performed in the future, for making, manufacturing or repairing any article whosoever for future delivery, or for subscriptions to periodicals or tickets of admission to entertainment, or memberships in any clubs.
Sworn Statement. "Sworn statement" means any affidavit sworn to before an individual authorized to take oaths, or a declaration or certification made under penalty of perjury in accordance with California law.
960
Transient Business. "Transient business" means every business not conducted at a fixed place of business, whether the individual(s) conducting such transient business is or is not a resident of the city.
Vehicle. "Vehicle" means any and every device, in, upon, or by which any individual(s) or property is or may be transported or drawn upon a public highway or roadway.
5.04.070 Branch establishments.
A. A separate business tax must be paid for each branch establishment or location of the business, and each tax certificate shall be for only the business at the location so specified and conducted in the manner designated; provided, that warehouses and distributing plants used in connection with and incidental to a business under the provisions of this title shall not be deemed to be a separate place of business or branch establishment. Temporary location(s) established by an entity otherwise taxed pursuant to the provisions of this title for the same type of business and under the same business name for a cumulative period of forty-five (45) days or less per calendar year shall not be subject to a separate business tax.
B. If a business uses two or more names at the same location, then an additional license would be needed for each additional name. If a business has a state contractor's license and does both the sales and installation, only one license would be needed. Example, a carpet store sells and installs; the gross receipts would be reported for both.
C. An entity which provides goods, services, music, or amusement by vending machines or coin-operated services shall be subject to one business tax certificate for all such machines or devices within the city and shall combine total gross receipts for all machines or devices located within the city.
D. An entity with billboard(s) shall be subject to one business tax certificate for all such billboard(s) within the city and shall combine total gross receipts for all billboard(s) located within the city.
E. An entity engaged in rental of, lease, or license agreements for residential property or commercial property shall be subject to one business tax certificate for all such properties and shall combine total gross receipts for all properties located within the city.
F. "Administrative and corporate headquarters," as defined by the collector, shall pay a minimum annual business tax.
G. Real Estate Developers and Subdividers as defined by the collector shall pay on gross receipts from the commissions per the lots/houses/ offices of the development. The business tax application shall be remitted at the beginning of the development project.
5.04.080 Evidence of doing business.
The collector shall consider it prima facie evidence that business is being conducted in the city if the entity:
A. Advertises, holds out, or represents that they are in business in the city, by use of sign(s), circular(s), card(s), telephone book(s), or newspaper(s),; or electronic medium, social media, web page(s), or any other method to describe or draw attention to promote sales or draw attendance; or
B. Holds an active license or permit issued by a governmental agency or files for a fictitious name indicating that such entity is in business in the City; or 961
C. Makes a sale, takes an order, barters, renders a service or performs any other similar act within the city.
5.04.090 Interstate commerce.
A. None of the taxes provided for by this title shall be applied so as to cause an undue burden upon interstate commerce or violate the equal protection and due process clauses of the constitution of the United States of America and the state of California.
B. A business whose address of record is outside of the city and who does not have a fixed place of business in Visalia and who delivers merchandise to Visalia from outside the state of California is exempt from the Visalia Business Tax by the Interstate Commerce Clause of the United States Constitution. However, if any money is exchanged within the city, the sale is considered consummated in the city, and the business does not qualify for this exemption. In any case where this business tax is believed by an applicant to place an undue burden upon interstate commerce or be in violation of such constitutional clauses, he/she they may apply to the collector for an adjustment of the tax. Such application shall be made within six months after payment of the prescribed tax. The applicant shall, by sworn statement and supporting testimony disclose:
1. The interstate or other character of his/her their business entitling such exemption;
2. The name and location of the business for which the orders are to be solicited or secured;
3. The name of the nearest local or state manager, if any, and his/her their address;
4. The kind of goods, wares, or merchandise to be delivered;
5. The place from which the goods, wares or merchandise are to be shipped or forwarded;
6. The method of solicitation or taking orders;
7. The location of any warehouse, factory, or plant within the State of California;
8. The method of delivery;
9. The name and location of the residence of the applicant;
10. The gross receipts or estimated gross receipts of business; and
11. Other such information as the collector may deem necessary in order to determine the extent, if any, of such undue burden or violation.
C. Additionally, a copy of the order blank, contract form, or other papers used by such individual in taking orders shall be attached to the sworn statement for the information of the collector.
D. The collector shall then conduct an investigation, and shall fix as the tax for the applicant an amount that is reasonable and nondiscriminatory, or if the tax has already been paid, shall order a refund of the amount over and above the tax so fixed. In fixing the tax to be charged, the collector shall have the power to base the tax upon a percentage of gross receipts or any other measure which will assure that the tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the tax as prescribed by this title. Should the collector determine the gross receipts measure of tax to be the proper basis, he/she they may require the applicant to submit a sworn statement of the 962
gross receipts and pay the amount of tax therefore; provided, that no any additional tax due shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax any one calendar year shall be required after the business shall have paid an amount equal to the annual tax as prescribed in this title.
5.04.100 Rules, regulations and other fees.
The collector may adopt rules, regulations, and other fees not inconsistent with the provisions of this title as may be necessary or desirable to aid in the enforcement of the provisions of this title. A copy of any such rules, regulations, and other fees shall be available for public inspection in the collector's office. Other fees may be established by the finance director or his/her their designate. Such fees shall be based on the administrative cost to provide such service. A business may be required to furnish names and addresses of independent workers, contractors, sales persons, agents, service workers, persons who receive commissions, etc., that are not employed as an employee of that company. If a business does not submit the information requested, an audit may be done.
5.04.130 Types of documents.
Every entity required to pay a tax under the provisions of this title shall make application to the collector and upon the payment of the prescribed tax, the collector shall issue one of the following:
A. Certificate of Compliance. Such certificate will be issued to an entity that appears to be in compliance with all city ordinances and other regulatory agencies.
B. Statement of Noncompliance Provisional Certificate. Such certificate will be issued to an entity that does not appear to be in compliance with another city ordinance and/or other regulatory agency. Such entity shall also be subject to the provisions of Section 5.04.400.
C. Other Certificate as Prescribed.
1. Such certificate as prescribed by the collector will be issued to an entity as may be necessary or desirable to aid in the enforcement of the provisions of this title.
2. In addition, the following documents may be issued by the collector when an entity fails to submit an application for a business tax certificate and/or fails to pay the prescribed tax:
D. Warning Notice. A warning notice may be issued to an otherwise legally operating entity which has failed to make application for a business tax certificate and/or pay the prescribed tax.
E. Cease and Desist Order. A "cease and desist order" shall be issued to any entity which:
1. Is in noncompliance with any other city ordinance or regulatory agency, or
2. Maintains all business offices outside of the city, and employs peddlers and/or solicitors within the city and does not have a current business tax certificate.
F. Citation. A citation may be issued to an entity which violates the business tax ordinance.
The citation shall be subject to the provisions of Article 3, Sections 5.04.400 through 5.04.430.
5.04.150 Statement and records.
A. No sworn statement shall be conclusive to the city as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such sworn statements and each of the several items 963
therein contained shall be subject to audit and verification by the collector, his/her their deputies or authorized employees of the city, who are hereby authorized to examine, audit, and inspect such books and records of any taxable business, as may be necessary in their judgment to verify or ascertain the amount of tax due.
B. All entities subject to the provisions of the title shall keep complete records of business transactions, including sales receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least the current calendar year plus three prior years. No entity required to keep records under this section shall refuse to allow authorized representatives of the collector to examine said records at reasonable times and places.
5.04.160 Information confidential.
It is unlawful for the collector or any individual having an administrative duty under the provisions of this title to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any entity required to submit such information to the collector, or any other entity examined or visited in the discharge of official duty, or the amount of source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, to be seen or examined by any individual.
Provided, that nothing in this section shall be constructed to prevent:
A. Disclosure to, or examination of records and equipment by, another city official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this title, or collecting taxes imposed thereunder;
B. Disclosure of information to, or examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists; or to a grand jury or court of law, upon subpoena;
C. Disclosure of information and/or the results of an examination of records of a particular taxpayer, or relating to a particular taxpayer, in judicial proceedings brought to determine the existence and/or the amount of any tax liability of the particular taxpayer to the city or to the city attorney for the defense of the city or any employee or official thereof, against a claim filed by the taxpayer against the city of or any employee or official thereof; D. Disclosure after filing of a written request to that effect, to the taxpayer himself themself, or to his/her their successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided that upon review of, however, that the city attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this paragraph when in his/her their opinion the public interest would suffer thereby; E. Disclosure of nonfinancial information and account status, including but not limited to balances due, business name(s) and address(es), the name(s) and address(es) of officers of corporations and members of partnerships to whom tax certificates have been issued, and the general type, profession, and/or nature of such business; F. Disclosure by way of public meeting or otherwise of such information as may be necessary to the city council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for a refund of taxes, or submits an offer of compromise with regard to a claim asserted against him/her them by the city for delinquent taxes, or when acting upon any other matter; 964
G. Disclosure of general statistics regarding taxes collected or business done in the city; H. Disclosure of information and records as may be required under state law applicable to chartered cities or required by subpoena served on the city.
5.04.180 Appeal.
Any individual aggrieved by any decision of the collector with respect to the business tax requirements or business tax due may file a notice of appeal with the director of finance. The applicant shall by affidavit and supporting testimony show such information as the director of finance may deem necessary in order to determine the proper decision. The director of finance may conduct his/her their own investigation including but not limited to an audit of the applicant's business records and shall have the administrative duty of determining the proper decision. Any applicant aggrieved by the decision of the director of finance shall have the right of appeal to the city council by filing a notice of appeal with the clerk of the city council. Said appeal must be filed by the applicant in writing with the clerk of the city council within thirty (30) days after payment in the case of a claim for refund, or within thirty (30) days from the date of mailing of written notice to the applicant in the case of a waiver and shall state the specific grounds upon which the appeal claim is founded. The city council shall thereupon fix a time and place for hearing such appeal. The clerk of the city council shall give notice to such individual of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office in Visalia, California, postage prepaid, addressed to such individual at his/her their last known address. The city council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this title.
5.04.190 Close or change of ownership.
In the event any business subject to a business tax closes or changes ownership, said business shall file a closing return with the city, in such form as the collector may prescribe, and shall pay the business tax due thereon within thirty (30) days from the time of closing or changing ownership of said business. A closing return shall be considered delinquent if not filed within the specified time and may be subject to the administrative fee as specified in the current Business Tax rates and fees set by resolution of the city council. The processing fee for delinquent filings shall be ten dollars ($10.00) per month delinquent after the initial thirty (30) days.
5.04.210 Duplicate certificate.
A duplicate certificate may be issued by the collector to replace any certificate previously issued which has been lost or destroyed, upon the certificate holder filing statement of such fact, and at the time of filing such statement paying to the collector a service charge, as set by the director of finance resolution of the city council.
5.04.220 Posting/keeping business tax certificates.
A. Any entity transacting and carrying on business at a fixed place of business in the city shall keep the certificate posted in a conspicuous place upon the premises where such business is carried on.
B. Any individual transacting and carrying on business but not operating at a fixed place of business in the city shall keep the certificate upon his/her their person at all times while transacting and carrying on the business for which it was issued. If the business activity, of which business tax has been paid, is conducted by more than one individual, each individual shall keep a copy of the certificate upon his/her their person at all times while transacting and 965
carrying on the business for which it was issued. An accessible and transmittable electronic copy is acceptable for the purposes of this part.
5.04.230 Tax--How and when payable.
All business tax certificates issued pursuant to this title shall expire, unless renewed on the date on which the tax is payable for the succeeding certificate. In no case shall any mistake made by the collector in stating the amount of the business tax fee prevent or prejudice the collection of what shall be actually due from anyone carrying on any trade, calling, profession, or occupation subject to a tax under this title.
A. All business taxes due under the terms of this title, except the first tax payment for businesses with a fixed place of business, shall be payable in advance of the applicable tax period prescribed as follows:
1. Unless otherwise specifically provided, all annual taxes under the provisions of this title shall be due and payable in advance, on the first day of July, and shall be considered delinquent if unpaid at five p.m. close of business on the last business day of the month in which the business tax was due and payable.
2. Unless otherwise specifically provided, all semi-annual taxes under the provisions of this title shall be due and payable in advance, on the first day of January and July, and shall be considered delinquent if unpaid at five p.m. close of business on the last business day of the month in which the business tax was due and payable.
3. Unless otherwise specifically provided, all quarterly taxes under the provisions of this title shall be due and payable in advance, on the first day of January, April, July and October and shall be considered delinquent if unpaid at five p.m. close of business on the last business day of the month in which the business tax was due and payable.
4. Unless otherwise specifically provided, all monthly taxes under the provisions of this title shall be due and payable in advance, on the first business day of each month for which the business tax is due and payable and shall be considered delinquent if unpaid at five p.m. close of business on that date.
5. Unless otherwise specifically provided, all daily taxes under the provisions of this title shall be due and payable in advance, on the effective date and shall be considered delinquent if unpaid at close of business on the last business day prior to or on the effective date five p.m. on that date.
B. An entity which opens a new business with a fixed place of business any time during the year shall apply for a business tax certificate upon commencement of such business and shall be delinquent if taxes due under the provisions of this title are not paid on or before the last business day of the month in which business commenced.
5.04.250 Refunds.
No refund of erroneously paid taxes collected under this title shall be allowed whole or in part unless a claim for refund is filed with the collector upon a form in a manner prescribed by the collector within a period of three years from the last day of the calendar month for which the payment was made, and all such claims for refund of the amount of the payments must be filed with the collector in writing in the manner prescribed by the collector. Upon the filing of such a 966
claim and when determination determined that a an overpayment has had been made, the collector may refund the amount overpaid. Such refund may be made only under the following conditions:
A. Where a refund is specifically authorized by the provision of law requiring payment of the license, permit or application tax;
B. Where the applicant for any business tax certificate has not, at any time after the commencement of the period or term during which the requested business tax certificate would have been effective, commenced or engaged in the business or occupation, or performed any act, for which the business tax certificate was required; C. Where the money paid was not required by law, or, was erroneously or illegally collected or received by the city through mistake, inadvertence or error of law or of fact, and whether paid or charged under any provision of this title, or otherwise.
5.04.260 Annual adjustment of fixed tax for inflation.
In July of each year, the director of finance city council shall adjust the prior year's fixed business taxes (including but not limited to minimum, maximum and other flat and/or fixed business taxes) according to a three year moving average change in the United States All Urban Consumer Price Index. The intent of this process is to adjust for impact of inflation.
5.04.270 Business tax--Gross receipts.
A. Every entity which engages in business in the city (except those covered in Article 2 of Chapter 5.04 and except those included in Section 5.04.280(C) through 5.04.280(G)), shall pay a tax based upon gross receipts, unless specifically enumerated in this article, resulting from business activities within the city limits at the rates and ratios as set forth, by classification, in the following sections of this title.
B. The collector will determine the classification of the business. In any case where an individual believes that his/her their business is not assigned to the proper classification under this title because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he/she they may apply to the collector for reclassification. Such application shall contain such information as the collector may deem necessary to determine whether the applicants individual business is properly classified. The proper classification is the classification which, in the opinion of the collector, most nearly fits the applicants individual business.
C. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax. No business shall be reclassified more than once in one year.
5.04.280 Business tax fees.
A. All entities subject to business tax based on gross receipts shall pay said tax based on the following schedule and subject to the semi-annual minimum and maximum tax as set by resolution of the city council:
1. Professionals $1.25 per thousand
of gross receipts
2. Services 1.00 per thousand
967
of gross receipts
3. Retailers, Hotels .70 per thousand
of gross receipts
4. Manufacturers .40 per thousand
of gross receipts
The minimum and maximum taxes for professionals are per individual, while the minimum and maximum taxes for the other categories are per entity.
B. State Licensed Contractors. A person engaged in the business of contracting is included in this category and shall pay a flat rate semi-annual tax as set by resolution of the city council, unless the business is also engaged in activities covered under subsection (A) of this section.
C. Public Dance. Every entity carrying on, promoting or managing a public dance shall pay a flat daily tax as set by resolution of the city council.
D. Cultural Performance. Every entity carrying on, promoting, or managing a cultural performance for not more than ninety (90) consecutive days shall pay either a flat daily tax, a flat monthly tax, or a business tax which is calculated on gross receipts at one dollar ($1.00) per one thousand dollars ($1,000.00) or fraction thereof on gross receipts. The flat rate, minimum and maximum tax shall be set by resolution of the city council. Entities classified as a cultural performance shall include, but are not limited to:
1. Musical performance,
2. Comedy and/or magic show,
3. Truck and/or tractor pulls,
4. Vehicle and/or bicycle races, and
5. Sporting events.
E. Special Event. Every entity, except nonprofit, tax exempt entities, carrying on, promoting, or managing a special event for not more than ninety (90) consecutive days shall pay either a flat daily tax, a flat monthly tax, or a business tax which is calculated on gross receipts at one dollar ($1.00) per one thousand dollars ($1,000.00) or fraction thereof on gross receipts. The flat rate, minimum and maximum tax shall be set by resolution of the city council.
F. Temporary Business. Itinerant vendors and temporary businesses which are not specifically taxed in subsections (A) through (E) of this section and are carried on, managed, or conducted for not more than ninety (90) consecutive days, shall pay either a flat daily tax, a flat monthly tax, or a business tax which is calculated on gross receipts at one dollar ($1.00) per one thousand dollars ($1,000.00) or fraction thereof on gross receipts. The flat rate, minimum and maximum tax shall be set by resolution of the city council.
G. Distribution of Printed Matter. Every entity conducting, carrying on or managing the business of advertising, by means of distributing dodgers, handbills, circulars, printed advertisements, cards, tickets or advertising samples of merchandise, shall pay either a flat daily tax or a flat monthly tax.
The flat daily and monthly tax shall be set by resolution of the city council. 968
For purposes of this section, the words "conducting", "carrying on," or "managing the business" are defined to be and are construed to mean the doing of any act or series of acts of distributing or advertising. Per Section 9.24.010 of the Municipal Code distribution of printed matter is declared unlawful within the City of Visalia.
H. Every entity not having a fixed place of business within the city who enters the city to deliver, collect, gather, load or pick up passengers, materials, goods, wares or merchandise of any kind by vehicle, or who enters the city to provide any service by the use of vehicle, shall have the option of paying either an annual business tax for each vehicle (a trailer shall be deemed to be a separate vehicle for purpose of this section) or a business tax based on gross receipts using the category for manufacturers in subsection (A) of this section.
5.04.290 Enforcement.
A. It shall be the duty of the collector to enforce each and all of the provisions of this title, and the chief of police, chief of the fire department, or chief building official, shall render such assistance in the enforcement hereof as may be required by the collector, city manager or the city council.
B. In accordance with Section 836.5 of the Penal Code of the state of California, the director of finance and the collector are authorized to make arrests without warrants, and issue citations, for the violation of the provisions of this title.
C. The collector and each of his/her their assistants and any city police officer and any fire inspector shall have the power and authority to enter free of charge, at any reasonable time, any place of business within the city and request to see its business tax certificate.
5.04.320 Environmental findings of fact.
The city council finds and determines that the adoption of this title is exempted from the provisions of the California Environmental Quality Act (CEQA) under the provisions of the State CEQA Guidelines Section 15273 in that this title establishes and modifies existing charges and taxes imposed by the city for the purpose of meeting operating expenses, including employee wage rates and benefits and capital projects necessary to maintain services within the existing service area. The city council further finds that the adoption of this title is exempt from CEQA under the provisions of the State CEQA Guidelines Section 15061 (b)(3) in that there is not a possibility that the provisions enacted by this title will effect a substantial change in the environment.
5.04.330 United States Constitution or state of California Constitution.
A. Nothing in this title shall be deemed or construed to require payment of such tax as herein prescribed from any entity transacting and carrying on any business which is exempt from the payment of such tax as is herein prescribed by virtue of the Constitution of the United States or applicable statues of the United States or of Section 14 of Article XIII of the Constitution of the state of California.
B. Any entity claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such entity shall be liable for the payment of the taxes imposed by this title.
5.04.350 Artists and art exhibits.
969
The provisions of this title shall not require a business tax payment by an individual artist for the exhibition or display of paintings, sculpture, photographs, or other fine arts in public buildings, or in any business establishment, if the exhibition or display is incidental to the primary business conducted on the premises, and is primarily for cultural and for educational purposes, and if the annual gross receipts from the sales of his/her their art work within the city do not result in annual gross receipts in excess of twelve thousand five hundred dollars ($12,500.00). (Ord. 9517 § 1 (part), 1995: prior code § 6214)
5.04.390 Exemptions--Revocation of.
An exemption will be revoked whenever there is reason to believe that any entity, to whom a tax-exempt status was granted pursuant to Section 5.04.330 through Section 5.04.380 has furnished false or misleading information in the sworn statement. If the revoked exemptee chooses to appeal the revocation, he/she they must follow the appeal process specified in Section 5.04.180.
5.04.400 Violation--Penalty provision.
Any violation of any provision of this title shall be punishable as a misdemeanor. Upon recommendation of the prosecuting attorney and city agency, the misdemeanor could be reduced to an infraction.
A. Any individual who knowingly or intentionally misrepresents to any officer or employee of the city any material fact herein required to be provided is in violation of the title. Additionally, any individual who on a sworn statement states information as a true material fact which he/she they knows to be false is guilty of perjury.
B. Any individual who, with the intent to defraud the city or evade his/her their business tax obligation misrepresents in any business tax form which said individual files, any fact material to the determination of a correct amount of business tax due shall be assessed a penalty of one hundred (100) percent of the amount of business tax due plus one percent interest per month, or a portion thereof, on the unpaid amount from the date the tax was due until the date of payment. as set by resolution of the city council.
C. Any individual who has a business certificate issued under this chapter and has said certificate in his/her their possession or under his/her their control and who fails to exhibit the same upon request is in violation of the title.
5.04.420 Infraction.
Any individual guilty of an infraction shall be punishable by a fine not to exceed the amount set by resolution of the city council for the first, second, a fifty dollar ($50.00) fine for the first offense, one hundred dollars ($100.00) for the second, and two hundred fifty dollars ($250.00) for the third, and subsequent offenses.
Section 3. Title 5 of the Visalia Municipal Code is hereby amended by revising Chapter 5.28 to include the modifications described below with newly added language listed in italics/underline and deleted language listed in strikeout. Chapter 5.28 shall henceforth read as follows:
Chapter 5.28
HOTELS AND LODGING HOUSES AND SHORT-TERM RENTALS
5.28.010 Definitions.
970
For the purposes of this chapter the term "lodging house" shall be deemed to be and is declared to include any building in which sleeping rooms or apartments are or may be let or hired to six or more individuals for one or more nights, whether then compensation therefore be paid in money, labor, merchandise or otherwise, and includes hotels and apartment houses where cooking is not done in any room or apartment except in the general kitchen used and operated in connection with the business of such lodging house, hotel or apartment house Unless it is apparent from the context that another meaning is intended, words and/or phrases, when used in this section shall have the meaning respectively ascribed to them in section
5.04.010 of this title and shall be interpreted and construed accordingly.
5.28.020 Register.
Every individual or entity conducting or operating a lodging house or hotel short-term rental in the city whether as owner, lessee, agent or manager, shall keep a register wherein every guest and every individual hiring, obtaining or procuring lodging or the right to occupy or use any room or rooms, in such lodging house or hotel short-term rental, shall be required to inscribed provide his/her their true name at the time of procuring such lodging or the right to occupy or use any room or rooms in such lodging house or short-term rental hotels. Said register shall show the time the name was inscribed provided (the day, the month and the year), also the room or rooms hired or procured by such guest or lodger. Said register shall be kept in a conspicuous place readily available for viewing upon the request of in said lodging house, or hotel and shall be, at all times, open to inspection by any other guest or lodger in said lodging house and to the chief of police and to all other city police officers. An accessible and transmittable electronic copy is acceptable for the purposes of this part.
5.28.030 Registration required.
Before furnishing any lodging, permitting any individual to use or occupy any room or rooms in any such lodging house or short-term rental hotel, the owner, operator, manager or individual in charge thereof shall require registration as provided in 5.28.010.
5.28.040 Unlawful to register under fictitious name.
Every guest and every individual hiring, obtaining or procuring lodging or the right to occupy or use any room or rooms, in any lodging house or short-term rental hotel in the city, at the time of hiring, obtaining or procuring such lodging or the right to use or occupy any such rooms or rooms and before occupying or using any room or rooms in any such lodging house or short- term rental hotel, must register as provided in Section 5.28.010 of this title and it is unlawful for any individual to so register under a fictitious name or under any name not the true name of the individual so registering.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
971
Section 5. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section 6. Effective Date. This Ordinance shall take effect thirty days after its adoption.
Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
PASSED AND ADOPTED:
ATTEST:
APPROVED AS TO FORM
BY CITY ATTORNEY:
972
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0043 Agenda Date: 3/18/2024 Agenda #: 2.
Agenda Item Wording:
Public Hearing - Water Reclamation Facility (WRF) - Removal of Industrial User Volume Discount - Approval of an amended wastewater treatment fee schedule that reflects the removal of the 10% discount for large industrial wastewater dischargers when they fail to comply with discharge requirements. Resolution 2024-11 required.
Deadline for Action: 3/4/2024
Submitting Department: Public Works
Contact Name and Phone Number: Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713-4052
Department Recommendation:
It is recommended that the Visalia City Council approve an amended wastewater treatment fee schedule that reflects the removal of the 10% discount for large industrial wastewater dischargers if the company fails to comply with discharge requirements.
Background Discussion:
The City’s Water Reclamation Facility (WRF) treats domestic and industrial wastewater from the city, as well as wastewater from the Goshen Community Services District. The City has a pretreatment program that monitors the discharge of nine permitted industrial users. An industrial user is defined as an industry within the Visalia city limits whose discharge to the sanitary sewer system exceeds 25,000 gallons per day. A large industrial user is defined as an industry within the Visalia city limits whose discharge to the sanitary sewer system exceeds 500,000 gallons per day. In October of 2012, the City of Visalia enacted a 10% large-volume discount for these large industrial users through an amendment to the wastewater treatment fee schedule. At that time, the industrial users were discharging within their permitted limits, and it was believed that there was value to the City to treat high volume, high strength process wastewater. This was based on several factors, including the beliefs that both the administration and enforcement functions of the Industrial Pretreatment Program, and ongoing operational costs were less on a per-gallon basis for the large industrial dischargers.
Currently, there are two large industrial dischargers that qualify for the 10% large-volume discount.
The City performs routine monitoring and sampling of all industrial dischargers. But since 2012, the flow from these two large industries has become inconsistent and unpredictable. These companies can exceed their permitted limits for Flow, BOD, TSS, and in some cases, other enforceable parameters such as Electrical Conductivity, pH, and Fats, Oil and Grease. Subsequently, the City has needed to increase the monitoring frequency from one day a week to five days a week to encourage compliance with local, state, and federal requirements. This means that a single large industrial discharger can require five times the monitoring of a single regular industrial discharger.
Visalia City Council Printed on 4/26/2024Page 1 of 2
powered by Legistar™
973
File #: 24-0043 Agenda Date: 3/18/2024 Agenda #: 2.
Additionally, the increases in flow and loadings have added stress to the WRF, and have increased operating costs. These industries discharge wastewater that is high in BOD, which requires more dissolved oxygen from the aeration blowers to be produced, thus increasing the electricity usage by that equipment. The higher solids loadings from these dischargers also lead to greater amounts of biosolids production, creating larger quantities to be disposed of, again at a greater cost to the City.
Higher solids loadings in the digesters lead to increased methane production, which poses the risk that the WRF will exceed its daily flare limit set by the San Joaquin Valley Air Pollution Control District.
While penalties exist and are assessed to encourage compliance and address these impacts, the current 10% volume discount provided to industries has effectively offset, or significantly reduced, them. Therefore, given the impacts from increased volumes above permitted limits, and the necessary increases in monitoring and enforcement, it seems the current discount has become contradictory to enforcing compliance, and has made the penalties ineffective. In an effort to protect the City’s investment in the sanitary sewer conveyance system and the WRF, staff recommends that Council authorize the removal of this discount in any month when an industry fails to comply with permit and municipal code limits.
Fiscal Impact:
Over the last 10 years, as a result of exceeded capacity/permit allowances for BOD, TSS, and Flow, the City assessed and collected a total of $3,893,933 in penalties, and has given $3,580,626 in large- volume discounts. Specifically, during calendar year 2023, $867,864 in penalties were assessed.
The total discount credited during 2023, was $431,992. This shows that only about half of the penalties assessed, were collected, because they were offset by the discount, yet the City absorbed significant costs for additional chemicals and processing.
Prior Council Action: October 15, 2012: Council approved an amended wastewater treatment fee schedule that reflects the operational efficiencies associated with large industrial users.
Other: None
Alternatives: Maintain the current wastewater treatment fee schedule, which includes a 10% large- volume discount for large industrial waste dischargers.
Recommended Motion (and Alternative Motions if expected):
Move to approve an amended wastewater treatment fee schedule that reflects the removal of the 10% discount for large industrial wastewater dischargers in any month that they fail to comply with discharge requirements and approve Resolution 2024-11.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachment: Resolution 2024-11
Visalia City Council Printed on 4/26/2024Page 2 of 2
powered by Legistar™
974
RESOLUTION NO. 2024-XX
RESOLUTION OF THE CITY OF VISALIA, APPROVING THE ADJUSTMENTS TO THE CITY’S WASTEWATER RATES
WHEREAS, the adjustments to the wastewater rates are
recommended; and
WHEREAS, Resolution No. 92-123 established a policy and procedure for the annual review and approval of the City fees and charges which is compiled in a document entitled: City of Visalia Administrative Policy on Fees and Charges; and
WHEREAS, Resolution No. 2012-57 established a 10% reduction in the monthly user fees paid for those industries with a permitted wastewater discharge in excess of 500,000 gallons per day; and
WHEREAS, and the City of Visalia has complied with its fee adjustment policy and procedures, its ordinances related to fee adjustment, the California Constitution, and California statutes relating to the adoption and amendment of fees and charges; and
WHEREAS, the fees and charges related to ministerial projects are exempt from provisions of the California Environmental Quality Act pursuant to CEQA Guidelines section 15268; and
WHEREAS, the Charter of the city of Visalia authorizes the imposition and adjustment of fees for city services including city-wide administrative services, general governmental services, community development services, community services, public safety services, public works services, and engineering and transportation services, and directs the City Council to establish fees by resolution to provide for their adjustment; and
WHEREAS, VMC section 13.08.840, authorizes by resolution of the City Council the imposition of sewer service charges and any required adjustments also be set by resolution of the City Council; and
WHEREAS, the City of Visalia wastewater rates reflect the cost of treating the wastewater; and
WHEREAS, wastewater operations have become more costly and less efficient due to the destabilizing effects from the excessive flows and loadings from Large Industrial Dischargers; and
WHEREAS, administration of the Industrial Pretreatment Program has become more costly due to increased loadings and lack of permit compliance from Large Industrial Dischargers; and
975
WHEREAS, penalties are assessed on industrial dischargers that exceed their permitted limits; and
WHEREAS, penalties incurred by Large Industrial Dischargers for exceeding permit guidelines have largely been offset by the 10% reduction in monthly user fees established in Resolution No. 2012-57; and
WHEREAS, in compliance with the California Government Code Section 66016, et seq., notice of the time and place for the hearing on adjustment of the fees outlined herein has been given; and
WHEREAS, the City Council of the City of Visalia has reviewed the proposed City of Visalia wastewater rate;
NOW, THEREFORE, the City Council of the City of Visalia finds:
1. The fee and charge adjustments proposed herein comply with the City of Visalia Administrative Policy on Fees and Charges; or
2. The fee and charge requirements proposed herein comply with the adjustment requirements required by the authorizing ordinances; or
3. The fees and charge adjustments are statutorily exempt from the California Environmental Quality Act either as fees and charges related to ministerial projects or that meeting operating expenses, financial reserve needs, further capital projects for services, or the purchasing or leasing of supplies; and
4. The Findings required by authorizing ordinances to adopt fees have been made as a part of the respective original adopting resolutions of the Council.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The City Council of the City of Visalia adopts the adjustment of the Wastewater Rates, which shall reduce the monthly user fees paid by 10% only for those industries with a permitted wastewater discharge in excess of 500,000 gallons per day that maintain compliance with the limits set in their discharge permits.
PASSED AND ADOPTED: March 4, 2024 ______________________, 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-XX passed and adopted by the Council of the City of Visalia at a regular meeting held on March 4, 2024.
Dated: March 4, 2024 ___________________, CITY CLERK
976
By Michelle Nicholson, Chief Deputy City Clerk
977
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0068 Agenda Date: 3/18/2024 Agenda #: 1.
Agenda Item Wording:
Monday, April 1, 2024 at 707 W. Acequia @ 7:00 p.m.
Monday, April 15, 2024 at 707 W. Acequia @ 7:00 p.m.
Visalia City Council Printed on 4/26/2024Page 1 of 1
powered by Legistar™
978