Agenda packet — Visalia City Council, April 15, 2024 (part 1 of 4)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
City Hall Council Chambers7:00 PMMonday, April 15, 2024

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)

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

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

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions:

Code Enforcement:

Julian Salmon - Code Enforcement Officer
Martha Zavala - Code Enforcement Officer
Public Works:

Thomas Reynoso - Solid Waste Operator
Wesley Roach - Heavy Equipment Operator
Ben Litwack - Public Works Manager
Lalo (Jason) Villalva - Street Maintenance Worker
Anthony Mangano - Senior Equipment Mechanic
Marco Ramirez - WWTP Operator
Danny Galindo- Public Works Manager
Steve Ellis - Fleet Maintenance Supervisor
Administration:

Maria Ruiz Ibarra - Senior Administrative Assistant
24-0118

2. Resolution of Commendation for National Public Safety Telecommunicators Week
24-0124

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1 City Council Meeting Agenda - Final April 15, 2024

3. Delta Mosquito and Vector Control District Update - Receive presentation from Lori Berger, Council-appointed Visalia, Trustee for the Delta Mosquito and Vector Control District.
24-0146

4. Review 2023/24 Mid-Year Projections amend the General Fund surplus policy, and appropriate funds for various capital projects.
24-0094

5. Capital Improvement Program - Review select FY 2024/25 and 2025/26 Capital Improvement Program (CIP) Budgets and future capital plans.
23-0442
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS
This is the time for people to comment on matters within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. This is the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar.

People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

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

1. Authorization to read ordinances by title only. 24-0127

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2 City Council Meeting Agenda - Final April 15, 2024

2. Approval of Landfill Disposal Agreement - Authorize the City Manager to enter into an agreement with the County of Tulare for disposal of solid waste collected by the City of Visalia Solid Waste Department. The agreement includes the disposal fee of $28 per ton and provisions for a CPI increase of up to 3% per year if an associated rate increase is applied to the general gate rate. 24-0121

3. Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Pinkham Park to R.E.

Schultz Construction for not-to-exceed $298,810.
24-0131

4. Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at John Combs Park. 24-0132

5. Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Woodland Park to R.E.

Schultz Construction for a not-to-exceed amount of $478,680. 24-0133

6. Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Rotary Park to R.E Schultz Construction for a not-to-exceed amount of $259,630.
24-0134

7. Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Jefferson Park to R. E.

Schultz for a not-to-exceed amount of $236,415.
24-0135

8. Appropriation of Awarded Grant Funds - Authorize the appropriation of funds awarded from the State of California Homekey Round 3 grant program of $8,115,376 for the conversion of the Majestic Motel at 4545 W. Noble Avenue into a 42-unit Permanent Affordable Rental Housing complex for qualifying populations.
24-0137

9. General Plan Annual Progress Report - Receive and accept the City of Visalia General Plan Annual Progress Report for 2023 and authorize staff to submit to the Governor’s Office of Planning and Research.
24-0138

10. Award Contract - Authorize the City Manager to award a contract not to exceed $190,000 to Sebastian for the installation and replacement of the fire alarm system at the Convention Center and appropriate $190,000 from the Capital Improvement Fund. 24-0141

11. Visalia Convention and Visitors Bureau Agreement - Authorize the City Manager to enter into a Professional Services Agreement with the Visalia Convention and Visitors Bureau for convention sales and tourism marketing services for the 2024 calendar year in the amount of $361,049.
24-0145

REGULAR ITEMS AND PUBLIC HEARINGS

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3 City Council Meeting Agenda - Final April 15, 2024
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Adopt 2024 Annual Action Plan - Conduct a second Public Hearing to adopt and appropriate the Program Year (PY) 2024 Annual Action Plan, and PY 2019 CDBG CARES Act (CDBG-CV) Annual Action Plan Amendment IV for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) activities.
24-0067

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Thursday, April 18, 2024 at 6:00 p.m. - Special Meeting

COV/VUSD/COS
Tuesday, April 23, 2024 at 5:15 p.m. @ 707. W. Acequia - Special Meeting
Monday, May 6, 2024 at 7:00 p.m. @ 707 W. Acequia
Monday, May 20, 2024 at 7:00 p.m. @ 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details. In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings email: [email protected]
<mailto:[email protected]> or call 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0100

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0118 Agenda Date: 4/15/2024 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Code Enforcement:

Julian Salmon - Code Enforcement Officer
Martha Zavala - Code Enforcement Officer
Public Works:

Maria Ruiz Ibarra - Senior Administrative Assistant
Visalia City Council Printed on 4/12/2024Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0124 Agenda Date: 4/15/2024 Agenda #: 2.

Agenda Item Wording:

Resolution of Commendation for National Public Safety Telecommunicators Week Visalia City Council Printed on 4/12/2024Page 1 of 1
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0146 Agenda Date: 4/15/2024 Agenda #: 3.

Agenda Item Wording:

Delta Mosquito and Vector Control District Update - Receive presentation from Lori Berger, Council-appointed Visalia, Trustee for the Delta Mosquito and Vector Control District.

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7 Mosquito & Vector Control in VisaliaLori Berger, Trustee Representing the City of VisaliaVisalia City Council Presentation to City Council Working SessionApril 15, 2024 8 DiscussionItems•Introduce Lori Berger•Delta Mosquito and Vector Control District•Mission•Organization andOperations•2024 Challenges and Opportunities•AnswerQuestions 9 LoriBerger•30-year resident of Visalia•Agricultural Entomologist WY, OK, TX•Pest ControlAdvisor and Certified Crop Advisor•Corporate, UCCE, Non-Profit and Consulting•PollinatorPartnership 10 Mosquitoes of Concern in Tulare County
Anopheles(Malaria Mosquito)•Malaria
Culex(Southern House Mosquito)•West Nile virus•St. Louis Encephalitis Virus•Western Equine Encephalitis Virus Aedes aegypti(Yellow Fever Mosquito)•Zika Virus•Dengue Virus•Chikungunya Virus•Yellow Fever Virus•Dog Heartworm Disease 11 12
13 14
Mission of DMVCDProtect the Public’s Health from vector bites and vector-borne diseases by delivering exceptional services which preserve and enhance the quality of life and desirability of the area to make northern Tulare County a safe place to live, work, and raise a family. 15 •Special District•Founded in 1922•Protect the public from mosquito/vector-borne disease •Integrated mosquito and vector management 16 Integrated Vector Management (IVM)
Surveillance•Mosquito•Virus•Source
Education & Outreach•Mosquito Life Cycle•Source Reduction•Bite Prevention Control•Physical•Biological•Chemical
17 IVM: Community Outreach
Community Events•Presentations•Booths•Farmer’s Markets•Visalia Baseball Games Social Media•Facebook•Twitter•Instagram
Advertising•Printed materials•Newspaper•Radio•Television 18 Statistics 2023•~7000 Mosquito Samples Tested•16 Species in District•Positive West Nile Virus 473•Positive St.LouisEncephalitis (SLEV) 172•Positive West NileandSLEV 47•Human WestNileCases:11 19 Outreach 2023•68Events•1169 Participants•10 News Articles 20 Treatments: 1157 Service Requests•47UltraLowVolume•8 Area-WideLarvicide•29, 247 Source Treatments Treatments: 80,490 in 2023
21 Staff: Administration, Science & Operations•Full-Time•Part-Time•Seasonal•Dr. Mustapha Debboun2020•BoardMembersandTransition•IncomingDirector 2024•Budget •District of Distinction 2024 -CASD 22 Challenges In Vector Management •Community Outreach•CommunityParticipation•Invasive speciesAedes aegypti, Yellow fever MosquitoHaemaphysalislongicornis(Asian longhorn Tick)•Shrinking control toolboxInsecticide resistance•Climate Change 23 Opportunities in the City of Visalia•Community Outreach•Research•New Products•DroneTechnology•Sampling•Coordination•Partnerships 24 PreventTheBiteDayandNight!1.Prevent standing water2.Tossunusedopencontainers3.Repel with EPA-Registered Products4.UsetheDMVCD as a resource! 25 Thank you for your time!Contact InformationDelta Mosquito & Vector Control District1737 W. Houston Ave. Visalia, CA559-732-8606www.DeltaMVCD.gov 26 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.

Agenda Item Wording:

Review 2023/24 Mid-Year Projections amend the General Fund surplus policy, and appropriate funds for various capital projects.

Deadline for Action: 4/15/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, Finance and Technology Services Director 713- 4375, Amee Swearingen, Budget Analyst 713-4170
Department Recommendation:

This report provides a Mid-Year budget update for the General Fund for this current fiscal year (FY 2023/24), an amendment to the General Fund surplus policy, and a request to fund several capital projects. Total appropriation requested is $1,576,100 and is listed by fund below:
· General Fund - appropriation of $1,063,000 for 5 projects; · Convention Center Fund - appropriation of $500,000 for 1 project; and · Fleet Maintenance Fund - appropriation of $13,100 for 1 project.

Background Discussion:

Annually the Finance Department presents a mid-year budget report to City Council that compares the budget to the current financial status. On years, the two-year budget is being prepared, mid-year projections only focus on the General Fund. The General Fund is the largest fund for essential services and its revenue source can fluctuate with the economy. Mid-Year projections prepared in off budget years focus on all operating funds.

The City is currently in the process of preparing the two-year budget for FY 24/25 and 25/26, therefore is only reporting projections for the General Fund. There are no notable changes for the Enterprise and Internal Service funds.

The current budget was adopted in June of 2022. The adopted budget surplus for this fiscal year was $6.2 million and is currently projected to be $16.2 million as shown in Table 1- FY 23/24 General Fund Mid-Year projections.

Table 1
FY 23/24 General Fund Mid-Year Projections
2022-23 2023-24 2023-24 BUDGET

ACTUALSBUDGETPROJECTEDVARIANCE

REVENUES
Sales Tax 46,625,526 44,435,100 46,625,500 2,190,400 Property Tax 17,024,022 16,098,700 17,383,700 1,285,000 Property Tax - VLF Swap 14,744,536 14,045,400 15,776,700 1,731,300 Franchise Fee 3,706,843 2,937,400 4,007,800 1,070,400 Transit Occupany Tax 4,533,774 3,976,500 4,624,400 647,900 Business License Tax 3,310,174 3,053,400 3,310,200 256,800 All Other Revenues 10,280,624 8,788,500 9,027,300 238,800 Total Operating Reveuens 100,225,499 93,335,000 100,755,600 7,420,600

EXPENDITURES
Non Departmental 1,218,154 800,000 949,900 149,900 Administration 3,343,256 3,655,800 3,381,100 (274,700) Administrative Services 1,239,838 1,731,500 1,505,300 (226,200) Engineering and Building 4,463,813 4,885,392 4,336,900 (548,492) Finance and Technology 3,265,522 3,526,100 3,312,500 (213,600) Fire 15,302,846 14,637,704 15,158,200 520,496 Parks and Recreation 8,476,444 10,457,222 9,186,500 (1,270,722) Planning and Community Preservation2,388,750 2,471,700 2,569,000 97,300 Police 31,638,472 33,436,529 31,990,600 (1,445,929) Public Works 4,135,554 4,445,663 4,314,600 (131,063) Total Operating Expenditures 75,472,649 80,047,610 76,704,600 (3,343,010) Less: Allocations Net Reimbursements(900,784) 230,000 (70,000) (300,000) Operating Expenditures Less Reimbursements74,571,865 80,277,610 76,634,600 (3,643,010) Capital Expenditures 3,698,862 1,422,600 1,547,600 125,000 Transfers Out to Other Funds* 21,443,083 5,588,300 6,357,600 769,300 Total Expenditures 99,713,810 87,288,510 84,539,800 (2,748,710) Surplus/(Deficit) 511,689 6,046,490 16,215,800 10,169,310 Visalia City Council Printed on 4/12/2024Page 1 of 11
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27 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.
2022-23 2023-24 2023-24 BUDGET

ACTUALSBUDGETPROJECTEDVARIANCE

EXPENDITURES
Non Departmental 1,218,154 800,000 949,900 149,900 Administration 3,343,256 3,655,800 3,381,100 (274,700) Administrative Services 1,239,838 1,731,500 1,505,300 (226,200) Engineering and Building 4,463,813 4,885,392 4,336,900 (548,492) Finance and Technology 3,265,522 3,526,100 3,312,500 (213,600) Fire 15,302,846 14,637,704 15,158,200 520,496 Parks and Recreation 8,476,444 10,457,222 9,186,500 (1,270,722) Planning and Community Preservation2,388,750 2,471,700 2,569,000 97,300 Police 31,638,472 33,436,529 31,990,600 (1,445,929) Public Works 4,135,554 4,445,663 4,314,600 (131,063) Total Operating Expenditures 75,472,649 80,047,610 76,704,600 (3,343,010) Less: Allocations Net Reimbursements(900,784) 230,000 (70,000) (300,000) Operating Expenditures Less Reimbursements74,571,865 80,277,610 76,634,600 (3,643,010) Capital Expenditures 3,698,862 1,422,600 1,547,600 125,000 Transfers Out to Other Funds* 21,443,083 5,588,300 6,357,600 769,300 Total Expenditures 99,713,810 87,288,510 84,539,800 (2,748,710) Surplus/(Deficit) 511,689 6,046,490 16,215,800 10,169,310 The current budget was created in April 2022, at the time had continued uncertainty due to COVID and how the pandemic stimulus money would affect Sales Tax. For this reason, staff was very conservative with budgeted revenue projections.

Revenues:

Since the budget was adopted, all revenues have had growth, except for Business License which had an end of year adjustment. For this fiscal year, revenues are projected to be $7.4 million higher than budget and $0.5 million higher than last fiscal year actuals. The only category down from last fiscal year actuals is All Other Revenues due to receiving some capital grants that are not in the current year.

The largest revenue source in the General Fund is sales tax which represents 46% of the total revenues.

Sales tax has seen a 28% growth since 2020 which increased from $33.4 million to $46.6 million. The large growth is mainly due to the multi-year COVID stimulus money that the Federal Government issued. This one- time money has ended and sales tax is projected to end the fiscal year with no growth as shown in Chart 1 - Sales Tax.

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Chart 1
Sales Tax
Sales Tax revenue is very volatile because it is based on consumer spending. The one-time COVID money was good for the economy and as a result most Cities saw a large increase in sales tax. However, this extra spending has slowed down as the cost of living continues to rise and disposable income becomes less.

Operating Expenditures:

FY 23/24 operating expenses are projected to be less than the budget by $3.3 million and higher than last fiscal year by $1.2 million.

Majority of the Department’sexpenses are down from the budget due to vacancies. The adopted budget assumes all positions (full-time and hourly) are filled the entire year. Police is the largest General Fund Department which has experienced higher than normal vacancies over the last three to five years. The second largest decrease in operations is in the Parks & Recreation Department. Recreation is still adding back programs from COVID which required them to shut down all programs. In addition, Visalia Unified School District ended the after-school activities program with the City. This program is now done by Pro Youth.

There are a few Departments that have higher than budget expenditures. The Fire Department is the largest and is up by $500 thousand. This increase is mainly due to the Strike Team which caused employee overtime to be higher. These expenses will be reimbursed by Cal Fire within 1-2 years. Strike Team expenses are not Visalia City Council Printed on 4/12/2024Page 3 of 11
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29 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.
to be higher. These expenses will be reimbursed by Cal Fire within 1-2 years. Strike Team expenses are not reoccurring and are not predictable, therefore they are not budgeted.

Even though the operating expenditures are down from budget, they are up from last fiscal year actuals by $1.2 million. Some of this increase is due to growth, technology, supply shortages, and inflation.

Capital Project Additional Appropriations
The Six Year Capital Plan is adopted with the two-year budget. The first two years of the plan are the only two years that are appropriated. During the two-year budget, projects will arise due to unforeseen issues, maintenance, etc. These projects can be brought to Council throughout the fiscal year or during the mid-year budget report.

General Fund:

Staff is recommending funding 5 additional capital projects for fiscal year 23/24 totaling $1,063,000. · Replace 22 SCBA Cylinders for $28,000: Self-Contained Breathing Apparatus (SCBA) cylinders are the air bottles used for breathing protection during response to fires and other incidents with a toxic environment. SCBA cylinders have a 15-year shelf life, and the Fire Department has identified 13 Self- Contained Breathing Apparatus (SCBA) cylinders will expire in March 2024 and an additional 9 cylinders in April 2024. Fire is requesting these 22 cylinders be approved for replacement during this mid-year budget period to maintain an acceptable level of cylinders for response. Staff is requesting an appropriation for $28,000 to replace 22 SCBA cylinders. · Parking Structure Elevator and Sprinkler Repair for $110,000: The 222 West Acequia Parking structure has the south side elevator in need of some repairs. The hydraulic jack packing is leaking and causing oil to seep out of the ram and causing the elevator to shut down. The parking structure also needs repairs to the fire suppression system. The dry pipe valves are worn and tripping causing unnecessary pump runs and callouts to our department along with the fire department. Also, the water supply line from the service side to our pump room is showing signs of corrosion and leaking in several spots that needs to be replaced. Staff is requesting an appropriation for $110,000 for the repairs to the parking structure. · New Irrigation Well at Stonebrook Park for $100,000: The current irrigation well is inoperable. During the past summer, the well started producing sand, plugging up the irrigation system. A well survey was performed and discovered a large hole in the well casing. This project will drill a new irrigation well and install all the pumping equipment to restore well water back in the park and eliminate the need for Calwater usage to irrigate the park. Staff is requesting an appropriation for $100,000 for the new well at Stonebrook Park.
· Classification and Compensation Study for $250,000: The purpose of the study is to review and evaluate current job classifications and descriptions, reporting relationships, and organizational changes.

The study will compare classifications and total compensation of positions within comparable agencies to determine the city’s competitiveness in the marketplace. Staff is requesting an appropriation for $250,000 for the classification and compensation study. · Rawhide Repairs for $575,000: There are several maintenance items that need to be repaired at the Rawhide stadium which include the ticket booth roof ($30,000), fence ($500,000), and some smaller miscellaneous repairs and assessments ($45,000) such as protruding boards. Staff is requesting an appropriation for $575,000 for the repairs at Rawhide stadium.

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Convention Center Fund:

Staff is requesting an appropriation for $500,000 to replace the Convention Center elevator. The current elevator was installed in 1970 and is over 30 years old. Due to the age and it being outdated, getting parts is very difficult and takes a long time to get. It was recently down for 6 months waiting for parts. The prolonged waiting periods for parts creates issues during events that are catered. During those six months, three events had to be cancelled due to the elevator not working resulting in a loss of revenue of approximately $15,000. A functioning elevator is needed for ADA compliance and for catered events. This fund is subsidized by the General Fund.

Fleet Maintenance Fund:

During the 6 Year Capital Plan Review on April 1st, Council directed staff to move this project forward into this fiscal year. The project is to replace 4 portable fleet welders. The current fleet welding machines are old and outdated. The newer welding machines are modernized and compact in size with more versatile capabilities.

These welders are used in day-to-day fleet operations. Staff is requesting to appropriate $13,100 from the Fleet Maintenance Fund.

General Fund Emergency Reserves
Council’spolicy is to have an emergency reserve equal to 25% of operating expenditures. This has been a priority since the recession and the policy has been since FY 16/17. Going forward, the reserve will have to be increased to continue to maintain the 25% level. The reserve balance at June 30, 2023 was $19.0 million.

The projected surplus for FY 2024 is $15.1 million (estimated surplus minus recommended capital appropriations of $1,063,000 listed above). Based on this fiscal year’sprojection, $0.2 million of the surplus will be transferred at year end to bring the reserve balance to $19.2 million keeping the reserves at 25% of operating expenditures as shown in Table 2 General Fund Emergency Reserve Balance.

Table 2
General Fund Emergency Reserve Balance
(in millions)
Balance as of 6/30/23 19.0$
Additional Amount Required to remain at 25%0.2
Projected GF Surplus at 6/30/2419.2$
This year staff would like to request that Council make a change to the current surplus/reserve policy (adopted in March 2018). The policy states that any revenues in excess of actual expenditures would continue to be deposited in the emergency reserve to maintain the reserve at 25% of operating expenditures and then all remaining surplus is to be deposited into the Civic Center Reserve Fund. The requested one-time exception to the policy this year would be to move $12.0 million to the Civic Center/Public Safety Facility Reserve Fund bringing the reserve to $66.9 million ($54.9m + $12.0m). The $12 million is needed to meet the current Phase 2 estimate for the construction of the three buildings currently under design. The amount needed is an estimate from the design consultant and the exact cost will be determined once it has been bid.

After the Civic Center transfer, the estimated remaining surplus would be $2.9 million as shown in Table 3 General Fund Surplus Transfer.

Table 3
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General Fund Surplus Transfer
(in millions)
Current GF Surplus Projected16.2$
Requested Capital Funding (1.1)
GF Emergency Reserve Transfer(0.2)
Transfer to Civic Center Reserve Fund(12.0)
Projected GF Surplus at 6/30/242.9$
Staff is requesting authorization to transfer the remaining surplus to the Emergency Reserve Fund, bringing the balance of that fund to 28%. Since this is a projection, this surplus could be more or less. If the surplus is higher, staff recommend adding additional funds to the Emergency Reserve bringing the fund to a maximum of 30% of operating expenditures. Anything above the 30% will be deposited in the Civic Center Fund.

A larger emergency reserve will help during a recession and maintain service levels. Staff will return next mid- year to review the policy to determine if it needs to be increased again and if Council wants to change how the policy is structured.

Preliminary Forecast for FY 24/25 - 27/28
The Finance Department has prepared three different projections that change only the revenue forecast. The expenditure forecast does not change in the scenarios. The first projection assumes growth in all revenues.

The second projection assumes a slight revenue realignment that starts in FY 24/25. The third projection assumes a slight recession that starts in FY 24/25 and ends in FY 25/26.

The expenditure forecast assumes the following:
· Wages and Benefits - 4% annual increase.
· The projected increase is for additional allocated positions and wage adjustments due to merits and reclassifications. Future wage increases will be negotiated with bargaining groups and approved by Council.
· PERS is projected to grow at 4%. However, PERS does not typically grow at a flat percentage because it consists of two rates that change annually: (1) Employer Contribution rate (based on payroll); and (2) Unfunded Liability Payment (based on schedule provided by PERS). · Health insurance is projected to grow 4% annually. The total health insurance increase is projected to be 8% each year. Per the City’s MOU’s the employees pay half of the increase. This number could be higher due to the number of health claims and size of claim. · Assumes zero vacancies for full-time employees and hourlies. In the past the City has realized savings from vacancies and it is believed that we are safe to assume there will be a savings of $1.5 to $2 million. This savings has not been included in the projection. Staff is working diligently to reduce number of vacancy and recruitment time.
· Operating Expenditures - 3% in the first two years and 4% in the last two years due to additional parks and more technology which results in higher annually maintenance costs. · Service Provided - 3% annual increase. This is a charge from other funds for Services such as fleet maintenance, fuel, and parts.

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32 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.
· Allocations/Reimbursements - 2% annual increase.
· Transfers Out/Debt - 3% annual increase. Transfers are for funds that are subsidized by the General Fund.
· Capital - $3.0 million annually. This can be reduced as in the past by deferring maintenance. This is not recommended due to the specific maintenance needs of the City’s facilities and assets.

Forecast Projection 1 (Growth):

The growth projection for the General Fund revenues for the four remaining years (24/25 - 27/28) are the following:
· Sales Tax (2%)
· Property Tax (3%)
· Franchise Tax (3%)
· All Other Revenues (2%)
Sales Tax and Property Tax represents 79% of the General Fund total revenues.

Table 3
General Fund Forecast - Continued Growth
Actuals Actuals
Revenues 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 (All Amounts in Millions)
Sales Tax 45.8 46.6 47.1 48.0 49.0 49.9 50.9 Property Tax 29.7 31.8 33.2 34.2 35.2 36.3 37.4 Franchise Tax 3.2 3.7 4.0 4.1 4.2 4.4 4.5 Transient Occupancy Tax 4.6 4.5 4.6 4.7 4.8 4.9 5.0 Business License Fees 2.9 3.3 3.3 3.4 3.4 3.5 3.6 Capital Grant Reimbursement 0.9 1.1 - - - - - All Other Revenues 9.5 9.2 9.1 9.3 9.5 9.7 9.9 Total 96.6 100.2 101.3 103.7 106.1 108.6 111.2 Expenditures
Salaries and Benefits 57.0 60.5 61.8 68.2 70.9 73.8 76.7 Operating Expenditures 13.3 14.9 14.9 15.3 15.8 16.4 17.1 Services Provided 4.2 4.4 4.6 4.7 4.9 5.0 5.2 Allocations 11.4 10.9 11.9 12.1 12.4 12.6 12.9 Total 85.9 90.7 93.2 100.4 104.0 107.9 111.9 Less:Reimbursments (15.7) (16.3) (16.5) (16.7) (17.0) (17.4) (17.7) Total Operating 70.2 74.4 76.7 83.7 87.0 90.5 94.1 Transfer Out/Debt 9.7 10.4 6.4 6.5 6.7 6.9 7.1 Capital Program 1.6 3.7 1.5 3.0 3.0 3.0 3.0 Projected Surplus/(Deficit) 15.1 11.7 16.7 10.4 9.5 8.3 7.0 Note: FY 22/23 Transfer Out included $4.5 million to Vehicle replcement Fund Projected
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33 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.

Actuals Actuals
Revenues 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 (All Amounts in Millions)
Sales Tax 45.8 46.6 47.1 48.0 49.0 49.9 50.9 Property Tax 29.7 31.8 33.2 34.2 35.2 36.3 37.4 Franchise Tax 3.2 3.7 4.0 4.1 4.2 4.4 4.5 Transient Occupancy Tax 4.6 4.5 4.6 4.7 4.8 4.9 5.0 Business License Fees 2.9 3.3 3.3 3.4 3.4 3.5 3.6 Capital Grant Reimbursement 0.9 1.1 - - - - - All Other Revenues 9.5 9.2 9.1 9.3 9.5 9.7 9.9 Total 96.6 100.2 101.3 103.7 106.1 108.6 111.2 Expenditures
Salaries and Benefits 57.0 60.5 61.8 68.2 70.9 73.8 76.7 Operating Expenditures 13.3 14.9 14.9 15.3 15.8 16.4 17.1 Services Provided 4.2 4.4 4.6 4.7 4.9 5.0 5.2 Allocations 11.4 10.9 11.9 12.1 12.4 12.6 12.9 Total 85.9 90.7 93.2 100.4 104.0 107.9 111.9 Less:Reimbursments (15.7) (16.3) (16.5) (16.7) (17.0) (17.4) (17.7) Total Operating 70.2 74.4 76.7 83.7 87.0 90.5 94.1 Transfer Out/Debt 9.7 10.4 6.4 6.5 6.7 6.9 7.1 Capital Program 1.6 3.7 1.5 3.0 3.0 3.0 3.0 Projected Surplus/(Deficit) 15.1 11.7 16.7 10.4 9.5 8.3 7.0 Note: FY 22/23 Transfer Out included $4.5 million to Vehicle replcement Fund Projected
The forecast shows the City having a surplus in all five years. However, the surplus decreases each year due to expenditures increasing more than revenues. Most of this increase is due to employee costs rising along with operational costs such as utilities, technology service agreements, and costs of goods (chemicals, fuel, parts, etc). This is an optimistic forecast and does not include any recession or slowdown in revenue growth.

Forecast Projection 2 (slight revenue realignment):

The revenues in this projection assumes:
· Sales Tax - FY 24/25 & 25/26 (-1%), remaining years (2%) · Property Tax - 3% annually
· Franchise Tax - FY 24/25 & 25/26 (2%), remaining years (3%) · Business License Fees - FY 24/25 & 25/26 (-1%), remaining years (2%) · All Other Revenues - FY 24/25 & 25/26 (1%), remaining years (2%) Table 4
General Fund Forecast - Revenue Realignment
Actuals Actuals
Revenues 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 (All Amounts in Millions)
Sales Tax 45.8 46.6 46.6 46.1 45.7 46.6 47.5 Property Tax 29.7 31.8 33.2 34.2 35.2 36.3 37.4 Franchise Tax 3.2 3.7 4.0 4.1 4.2 4.3 4.4 Transient Occupancy Tax 4.6 4.5 4.6 4.6 4.7 4.8 4.9 Business License Fees 2.9 3.3 3.3 3.3 3.2 3.3 3.4 Capital Grant Reimbursement 0.9 1.1 - - - - - All Other Revenues 9.5 9.2 9.1 9.2 9.3 9.5 9.7 Total 96.6 100.2 100.8 101.5 102.3 104.7 107.2 Expenditures
Salaries and Benefits 57.0 60.5 61.8 68.2 70.9 73.8 76.7 Operating Expenditures 13.3 14.9 14.9 15.3 15.8 16.4 17.1 Services Provided 4.2 4.4 4.6 4.7 4.9 5.0 5.2 Allocations 11.4 10.9 11.9 12.1 12.4 12.6 12.9 Total 85.9 90.7 93.2 100.4 104.0 107.9 111.9 Less:Reimbursments (15.7) (16.3) (16.5) (16.7) (17.0) (17.4) (17.7) Total Operating 70.2 74.4 76.7 83.7 87.0 90.5 94.1 Transfer Out/Debt 9.7 10.4 6.4 6.5 6.7 6.9 7.1 Capital Program 1.6 3.7 1.5 3.0 3.0 3.0 3.0 Projected Surplus/(Deficit) 15.1 11.7 16.2 8.3 5.6 4.3 3.0 Note: FY 22/23 Transfer Out included $4.5 million to Vehicle replcement Fund Projected
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34 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.

Actuals Actuals
Revenues 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 (All Amounts in Millions)
Sales Tax 45.8 46.6 46.6 46.1 45.7 46.6 47.5 Property Tax 29.7 31.8 33.2 34.2 35.2 36.3 37.4 Franchise Tax 3.2 3.7 4.0 4.1 4.2 4.3 4.4 Transient Occupancy Tax 4.6 4.5 4.6 4.6 4.7 4.8 4.9 Business License Fees 2.9 3.3 3.3 3.3 3.2 3.3 3.4 Capital Grant Reimbursement 0.9 1.1 - - - - - All Other Revenues 9.5 9.2 9.1 9.2 9.3 9.5 9.7 Total 96.6 100.2 100.8 101.5 102.3 104.7 107.2 Expenditures
Salaries and Benefits 57.0 60.5 61.8 68.2 70.9 73.8 76.7 Operating Expenditures 13.3 14.9 14.9 15.3 15.8 16.4 17.1 Services Provided 4.2 4.4 4.6 4.7 4.9 5.0 5.2 Allocations 11.4 10.9 11.9 12.1 12.4 12.6 12.9 Total 85.9 90.7 93.2 100.4 104.0 107.9 111.9 Less:Reimbursments (15.7) (16.3) (16.5) (16.7) (17.0) (17.4) (17.7) Total Operating 70.2 74.4 76.7 83.7 87.0 90.5 94.1 Transfer Out/Debt 9.7 10.4 6.4 6.5 6.7 6.9 7.1 Capital Program 1.6 3.7 1.5 3.0 3.0 3.0 3.0 Projected Surplus/(Deficit) 15.1 11.7 16.2 8.3 5.6 4.3 3.0 Note: FY 22/23 Transfer Out included $4.5 million to Vehicle replcement Fund Projected
This forecast is considered a slight revenue realignment because only Sales Tax and Business License decreases for two years at a negative 1% and the rest of the revenues slightly increase annually. During the Great Recession, Sales Tax decreased for three years (2008 - 2010) for a total reduction of 26%.

With a slight revenue realignment starting next year, the forecast still shows a surplus for the forecasted years with the surplus decreasing every year. The surplus decreases each year due to expenditures increasing more than revenues. Most of this increase is due to employee costs rising along with operational costs such as utilities, technology service agreements, and costs of goods (chemicals, fuel, parts, etc). This is more of a conservative forecast and does not include any recession.

Forecast Projection 3 (slight recession):

The revenues in this projection assumes:
· Sales Tax - FY 24/25 & 25/26 (-3%), remaining years (2%) · Property Tax - FY 24/25 (3%), FY 25/26 & 26/27 (1%), FY 27/28 (2%) · Franchise Tax - FY 24/25 & 25/26 (1%), remaining years (2%) · Transit Occupancy Tax - FY 24/25 (-2%), FY 25/26 (0%), remaining years (2%) · Business License - FY 24/25 (-2%), FY 25/26 (0%), FY 26/27 (1%), FY 27/28 (2%) · All Other Revenues - FY 24/25 (-1%), FY 25/26 (0%), remaining years (2%) Table 5
General Fund Forecast - Slight Recession
Actuals Actuals
Revenues 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 (All Amounts in Millions)
Sales Tax 45.8 46.6 46.1 44.7 43.4 44.3 45.2 Property Tax 29.7 31.8 33.2 33.5 33.9 34.2 34.9 Franchise Tax 3.2 3.7 4.0 4.0 4.1 4.2 4.2 Transient Occupancy Tax 4.6 4.5 4.6 4.5 4.5 4.6 4.7 Business License Fees 2.9 3.3 3.3 3.2 3.2 3.3 3.3 Capital Grant Reimbursement 0.9 1.1 -
All Other Revenues 9.5 9.2 9.1 9.0 9.0 9.2 9.4 Total 96.6 100.2 100.3 99.1 98.1 99.7 101.7

Expenditures
Salaries and Benefits 57.0 60.5 61.8 68.2 70.9 73.8 76.7 Operating Expenditures 13.3 14.9 14.9 15.3 15.8 16.4 17.1 Services Provided 4.2 4.4 4.6 4.7 4.9 5.0 5.2 Allocations 11.4 10.9 11.9 12.1 12.4 12.6 12.9 Total 85.9 90.7 93.2 100.4 104.0 107.9 111.9 Less:Reimbursments (15.7) (16.3) (16.5) (16.7) (17.0) (17.4) (17.7) Total Operating 70.2 74.4 76.7 83.7 87.0 90.5 94.1 Transfer Out/Debt 9.7 10.4 6.4 6.5 6.7 6.9 7.1 Capital Program 1.6 3.7 1.5 3.0 3.0 3.0 3.0 Projected Surplus/(Deficit) 15.1 11.7 15.7 5.8 1.4 (0.7) (2.6) Note: FY 22/23 Transfer Out included $4.5 million to Vehicle replcement Fund Projected
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35 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.

Actuals Actuals
Revenues 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 (All Amounts in Millions)
Sales Tax 45.8 46.6 46.1 44.7 43.4 44.3 45.2 Property Tax 29.7 31.8 33.2 33.5 33.9 34.2 34.9 Franchise Tax 3.2 3.7 4.0 4.0 4.1 4.2 4.2 Transient Occupancy Tax 4.6 4.5 4.6 4.5 4.5 4.6 4.7 Business License Fees 2.9 3.3 3.3 3.2 3.2 3.3 3.3 Capital Grant Reimbursement 0.9 1.1 -
All Other Revenues 9.5 9.2 9.1 9.0 9.0 9.2 9.4 Total 96.6 100.2 100.3 99.1 98.1 99.7 101.7

Expenditures
Salaries and Benefits 57.0 60.5 61.8 68.2 70.9 73.8 76.7 Operating Expenditures 13.3 14.9 14.9 15.3 15.8 16.4 17.1 Services Provided 4.2 4.4 4.6 4.7 4.9 5.0 5.2 Allocations 11.4 10.9 11.9 12.1 12.4 12.6 12.9 Total 85.9 90.7 93.2 100.4 104.0 107.9 111.9 Less:Reimbursments (15.7) (16.3) (16.5) (16.7) (17.0) (17.4) (17.7) Total Operating 70.2 74.4 76.7 83.7 87.0 90.5 94.1 Transfer Out/Debt 9.7 10.4 6.4 6.5 6.7 6.9 7.1 Capital Program 1.6 3.7 1.5 3.0 3.0 3.0 3.0 Projected Surplus/(Deficit) 15.1 11.7 15.7 5.8 1.4 (0.7) (2.6) Note: FY 22/23 Transfer Out included $4.5 million to Vehicle replcement Fund Projected
This forecast is considered a slight recession because revenues still do not decline dramatically, and revenues only decrease for two years. During the Great Recession, Sales Tax decreased for three years (2008 - 2010) for a total reduction of 26%.

With a slight recession starting next year, the forecast shows a surplus for the first couple of years with the last couple of years becoming a deficit. This is only a projection, and it is staff’sintent to bring a balanced budget to Council each year. In order to balance the budget, staff would look at ways to reduce operating costs, evaluate all vacant positions, defer capital, and review current fees to ensure fees are aligned appropriately.

Conclusion
While the City is in overall sound financial shape today, we must be cautious in making expenditures that will impact the City in the long term. Majority of the revenue forecasts are showing growth; however, we must recognize that other foreign and domestic factors (i.e. inflation, housing prices, supply chain disruptions, etc.) could negatively impact the growth and expansion of our local economy. Any of these factors could also cause another economic downturn.

The State of California has recently released its forecast and like many others, is projecting a large deficit. As mentioned above, the scenarios provided do not include a large revenue decrease. The City should continue to hold a conservative and watchful course to be ready if and when a recession begins. Staff is optimistic but acknowledges must also be fiscally responsible by having sufficient reserves, balanced budgets, and prudent spending policies. Staff will be returning in few months with the proposed two-year budget.

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36 File #: 24-0094 Agenda Date: 4/15/2024 Agenda #: 4.

Fiscal Impact:

None
Prior Council Action: Council conducted work sessions on Feb 5th, 20th, and March 4th, 18th and April 1st to review Capital Project’s.

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

Receive the Mid-Year budget update for the General fund for FY 2023/24, amend the General Fund surplus policy per staff recommendation, and appropriate funds for capital projects totaling $1,576,100 as outlined in the report...end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: none
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37 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.

Agenda Item Wording:

Capital Improvement Program - Review select FY 2024/25 and 2025/26 Capital Improvement Program (CIP) Budgets and future capital plans.

Deadline for Action: 4/15/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Melody Murch, (559)713-4379, [email protected] <mailto:[email protected]> Renee Nagel, (559) 713-4375, [email protected] <mailto:[email protected]> Department Recommendation:

That the City Council receive the fifth (final) presentation of the City’s draft Capital Improvement Program (CIP) budget and provide direction as appropriate. The Council is scheduled to act upon the CIP budget during the month of June in conjunction with the operating budget. No formal action is required or requested at this time.

Background Discussion:

The Review Process- This is Council’sfifth opportunity to review a portion of the City’sproposed Capital Plan. Portions of the proposed 2024/25 and 2025/26 capital budget have been brought to Council for review at each scheduled meeting between February 20, and April 15, 2024. This allows Council to conduct their review of the proposed CIP budget in manageable groupings. This meeting concludes the capital presentations for all funds except for Community Development Block Grant (CDBG) Fund and Measure N. Tonight is also the second public hearing for the CDBG Action Plan.

Once approved, these projects will be added to the budget for adoption. Measure N, operations and capital will be presented to Council on May 6th.

The Capital Improvement Program presents the two fiscal years 2024/25 and 2025/26 for adoption and appropriation. Four additional years are shown for planning purposes only.

This allows Council to plan future projects and consider the near-term impacts of those decisions.

However, only the first two years are proposed for appropriation and deserve greater scrutiny.

Amounts included in the final four years will not be appropriated in the 2-year budget.

Staff has prepared a Power Point presentation to review the proposed Capital Programs of the various funds discussed below. CIP Project Managers will be available to address Council’s questions on proposed projects. To assist Council in reviewing the proposed CIP projects, staff recommends the following:
· Staff will present a summary of proposed project appropriations and provide Council with the Visalia City Council Printed on 4/12/2024Page 1 of 9
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38 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.
opportunity to request further information on individual projects. · It is recommended that Council review and either tentatively approve or direct changes to the attached proposed Capital Improvement Program (CIP) budgets for the selected funds. · No formal action is required at this time. At Council’sdirection, staff will return with additional information or changes to the CIP at a following meeting, until all projects have been reviewed, and Council is satisfied with the proposed capital budget for all funds. · A final Capital Improvement Program document will be prepared, after the review process is completed, and included for adoption with the City’s Operating Budget in June 2024.

The CIP includes all projects and equipment purchases costing $10,000 or more. When possible, capital projects are separated from the operating budget, using separate capital funds. This allows a clear view of capital activities and prevents operating budgets from being artificially inflated by those same capital activities.

Funds for Review- The six funds to be reviewed today include two governmental, one impact fee, one enterprise, one internal service, and one special revenue fund. · Governmental funds hold the revenue from various taxes including sales and property tax, business tax, and transient occupancy tax as well as fees from government services. The revenues in governmental funds are mainly discretionary and can be used for any purpose approved by the City Council.
· Impact Fee funds hold revenue from fees imposed upon new development to pay for the proportionate costs of providing public infrastructure to serve that new development. These funds can only be used for the purchase or construction of new or expanded infrastructure related to the growth from development.
· Enterprise funds are meant to be self-sufficient, and revenues are restricted to uses designated within the fund in which they are received. Enterprise funds are independent of the General Fund. In general, dollars not used for operating in these funds are available to fund capital projects.
· Internal Service funds provide a service to various City operations on a cost reimbursement basis. All costs of this type of fund are passed through to the operations benefiting from these services.
· Special Revenue Funds collect money which must be used for a specific purpose. These funds provide accountability and transparency to tax and rate payers, requiring funding to be Visalia City Council Printed on 4/12/2024Page 2 of 9
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39 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.
spent for an intended purpose.

The Funds to be discussed in today’smeeting include those listed in Table 1: Capital Budget Funds for Review April 15, 2024, below.

Table 1: Capital Budget Funds for Review April 15, 2024 Fund Name Fund #
Proposed
2024-25
Proposed
2025-26
General Fund 001 $ 2,918,400 $ 3,582,400 Fire Impact Fee 106 - 75,000 Baseball 157 48,300
Convention Center 413 314,500 3,238,700 Information Services 511 262,000 540,000 Narcotics Forfeiture 621 79,500 30,500 $ 3,622,700 $ 7,466,600 Total Projects Scheduling of Technology Projects
Projects requiring the expertise of the City’s information systems division have been included throughout the City’s6-year capital plan. The projects for review in this agenda item include the Information Services Fund (511), as well as many projects in the General Fund (001) which include technology components. Post-Covid, there is an increased focus on using technology for customer interaction and to increase the efficiency and security of the workforce in general. This has also increased the workload for information systems staff who are tasked with the configuration and implementation of new technology. The timing of the technology related projects in the 6-year capital plan is based upon a combination of the following:
· Staff Capacity: Ultimately, the number of possible projects must be limited by the number of hours in a workday.
· Logistics: Technology projects can include both hardware and/or software and must sometimes be scheduled in phases, or based upon the need to build upon the results of another project that must be completed first.
· Funding Constraints: Projects must be limited to the City’s available funding, and grant- funded projects are often a higher priority based upon grant spending deadlines which limit the time for implementation.
· Life-Cycle Management: Recognizing that computers and digital technology improve at a rapid pace, these assets are scheduled for shorter useful lives, and more frequent Visalia City Council Printed on 4/12/2024Page 3 of 9
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40 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.
rapid pace, these assets are scheduled for shorter useful lives, and more frequent replacement. To realize the value of each purchase, assets need to wait for the end of their useful lives before replacement, even when there are new and improved options on the market. In most cases, it’sokay not to have the latest version, and the City’stechnology catches up over time, as assets are replaced according to a set schedule.

The priority of information systems projects in the proposed 6-year capital plan is the result of a collaborative process including City management, the City Department Head Group, and the Information Systems Division.

General Fund 001 (CIP detail attached): The General Fund is a governmental fund. Revenues are largely discretionary and can be used for any governmental purpose. This fund consistently receives a large number of requests for funding in every budget cycle. For this reason, project requests are subject to committee review. The General Fund CIP Review Committee is made up of all Department Heads (DH) and each DH may designate an employee to serve on the committee in their place. The committee reviews and ranks projects using an established set of criteria to determine which requests represent the most urgent needs. The guidelines for ranking are included in this item as Attachment C.

The General Fund Capital Summary in Attachment A includes 81 projects. The committee ranked 62 of these projects which are proposed for funding in the 2-year portion of the budget. Table 2:

Summary of General Fund Project Budgets by Category shows the total proposed appropriations for each category and the total appropriation proposed for the General Fund.

Description 2024-25 2025-26 Total
1A Ranking 577,200$ 212,400$ 789,600$ 1B Ranking 116,700 0 116,700
2A Ranking 1,106,200 395,000 1,501,200
2B Ranking 471,300 31,300 502,600
3 Ranking 240,000 371,000 611,000
New Position Vehicles 220,000 50,000 270,000
100 % Grant Funded Projects 147,000 79,700 226,700
Subtotal 2,878,400 1,139,400 4,017,800
Projects On Hold 40,000 2,443,000 2,483,000
Project Subtotal 2,918,400$ 3,582,400$ 6,500,800$ Less Grant Funding (180,000) (79,700) (259,700)
General Fund Appropriation2,738,400$ 3,502,700$ 6,241,100$ Table 2: Summary of General Fund Project Budgets by Category The capital projects highlighted blue (Attachment A #53 - 62) will be appropriated with the budget.

However, these projects will only move forward if funding is available.

The remaining projects are in the planning years of the 6-year capital plan. For a detailed description of each project, please see the Capital Summary in Attachment A.

Fire Impact Fees, Fund 106 (CIP detail attached): This impact fee fund is derived from Fire Impact Visalia City Council Printed on 4/12/2024Page 4 of 9
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41 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.

Fire Impact Fees, Fund 106 (CIP detail attached): This impact fee fund is derived from Fire Impact fees collected at the time of building permit issuance. Funds are to be used for new facilities and equipment and are not for operations or maintenance. After repayment of a General Fund advance used to fund portions of the construction of Station 55 (Northwest Fire Station) and Station 53 (Southwest Fire Station) this fund is building up a cash balance to be used for future fire-related capital projects. This fund has one project requested for funding in the 2-year portion of the budget for the installation of traffic signal pre-emption for emergency services. This is an ongoing project which is planned for every other year in the 6 -year capital plan. For a detailed description of this project, please see the Capital Summary in Attachment A.

Visalia Baseball, Fund 157 (CIP detail attached): This special revenue fund tracks the revenues and expenses related to the agreement between First Pitch and the City for the lease of the Rawhide Baseball stadium. A General Fund annual contribution of $200,000 to be used for baseball stadium capital projects is a feature of this agreement and the single project proposed in this fund (discussed below) will be paid for by the General Fund.
· Replace Rawhide 2nd Floor Walk-in Refrigerator/freezer: Remove and replace existing walk-in refrigerator/freezer on the second floor of the Valley Strong Stadium (Rawhide).

For a detailed description of this project, please see the Capital Summary in Attachment A.

Convention Center, Fund 413 (CIP Detail Attached 15): This fund's revenues come from rental fees at the Convention Center and from a General Fund contribution. Funds are to be used only for Convention Center projects. The City completed a renovation of the Convention Center facility 8 years ago, in the 2015/16 Fiscal Year. The projects that have been included in the 2-year portion of the 6-year capital plan are mainly for equipment that has begun to age and requires replacement to maintain the quality of service provided by the Visalia Convention Center. There is also an approaching need to address replacement of the cooling system. In particular, the large chillers used to store up cooling capacity during the lower cost energy rate periods are approaching the end of their useful life in about 8-10 years’time. The cost of the cooler replacement is estimated to be $2.8 million, and long-term planning is essential to ensure the timely installation of a new system before the old one fails.

The 6-year capital plan for this fund proposes a General Fund set aside of $400,000 each year for a capital transfer to the Convention Center Fund. These funds are to be reserved for capital projects to maintain and improve the Convention Center. Even with this annual transfer, the Convention Center Fund is projected to require an advance from the General Fund to complete the proposed projects in the 2-year budget, with an additional advance projected when the cooling system is replaced. For this reason, the projects in the second year of the proposed budget will be contingent upon available General Fund resources. Should the General Fund be unable to advance funding for these projects, based upon an evaluation of actual resources in the 2025/26 Fiscal Year, these projects will not proceed. Any projects delayed due to a lack of available funding will be reviewed for funding in the next 2-year budget process.

There are 10 projects in the 6-year plan for maintenance of the facility and its equipment and 6 of Visalia City Council Printed on 4/12/2024Page 5 of 9
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42 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.

There are 10 projects in the 6-year plan for maintenance of the facility and its equipment and 6 of these projects are in the 2-year budget portion of the plan. For a detailed description of projects included in the 6-year capital plan, please see the Capital Summary in Attachment A.

Information Services, Fund 511 (CIP detail attached): City Departments reimburse this internal services fund for the operation and replacement costs associated with the organization's computer and communications technology, including Geographic Information Systems and Telephone Services.

Information Services proposes 16 capital projects, 7 of which require funding in the 2-year budget.

These proposed projects are for scheduled replacements of, and upgrades to, existing equipment and software as well as improvements to the City’s fiber optic network and Traffic Management Conduit System. For a detailed description of each project, please see the Capital Summary in Attachment A.

Narcotics Forfeiture, Fund 621 (CIP detail attached): This fund was established to account for money received from narcotics seizures of cash and Property as authorized by the California Health and Safety Code. Monies are held on deposit until a court determines whether the money must be returned to the previous owner or forfeited to the City, which may use the seized funds for the recovery of law enforcement costs associated with the seized funds. This fund has 4 projects in the 6-year capital plan, with 3 of those projects requesting appropriations in the 2-year budget. The projects are for Police K-9 officers and the purchase of police equipment. For a detailed description of the projects proposed in this fund, please see the Capital Summary in Attachment A.

Proposed Changes to Capital Reviewed in Prior Meetings
After the capital plan for each fund is reviewed by Council, any subsequent changes to those funds are to be brought to Council attention. All material changes to projects reviewed in prior Council sessions are listed below.

Fleet Capital Improvements: Capital improvements to Fleet facilities and for Fleet planning documents have been included in the General Fund capital for review in this agenda item. These projects are multi-funded but were not included in the initial review of the other funds which will pay a portion of these projects. The project costs have been spread based upon the percentage of vehicles serviced by Fleet in each fund. The General Fund is responsible for roughly 74% of the vehicles serviced by the Fleet Division and the remaining 26% has been spread to the other funds as shown below in Table 4: Summary of New Fleet Project Cost by Project and Fund.

Table 4: Summary of New Fleet Project Cost by Project and Fund 001
General
Fund
401
Building
411
Airport
431
Waste
Water
441
Solid
Waste
452
Transit
481
Storm Sewer
Maintenance
Project
Totals
466,900$ 10,600$ 10,600$ 42,300$ 88,700$ 4,200$ 6,300$ 629,600$ 148,300 3,400 3,400 13,400 28,200 1,300 2,000 200,000 148,300 3,400 3,400 13,400 28,200 1,300 2,000 200,000 185,400 4,200 4,200 16,800 35,200 1,700 2,500 250,000 948,900$ 21,600$ 21,600$ 85,900$ 180,300$ 8,500$ 12,800$ 1,279,600$ Project Number and Title
CP0048-Fleet Shop Improvements
PW0044-ZEV Fleet Assessment & Transition Plan
CP0591-Upgrade Fuel Management
CP8377- Replace Vehicle Hoists
Totals By FundVisalia City Council Printed on 4/12/2024Page 6 of 9 powered by Legistar™
43 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.
001
General
Fund
401
Building
411
Airport
431
Waste
Water
441
Solid
Waste
452
Transit
481
Storm Sewer
Maintenance
Project
Totals
466,900$ 10,600$ 10,600$ 42,300$ 88,700$ 4,200$ 6,300$ 629,600$ 148,300 3,400 3,400 13,400 28,200 1,300 2,000 200,000 148,300 3,400 3,400 13,400 28,200 1,300 2,000 200,000 185,400 4,200 4,200 16,800 35,200 1,700 2,500 250,000 948,900$ 21,600$ 21,600$ 85,900$ 180,300$ 8,500$ 12,800$ 1,279,600$ Project Number and Title
CP0048-Fleet Shop Improvements
PW0044-ZEV Fleet Assessment & Transition Plan
CP0591-Upgrade Fuel Management
CP8377- Replace Vehicle Hoists
Totals By Fund
Each fund included in Table 4 above, is projected to have resources available to cover their portion of the additional project costs, except for the Storm Sewer Maintenance fund (481). The Storm Sewer Maintenance fund was projected to end the second budget year (2025/26) with a deficit. The addition of these projects will increase the 481 Fund deficit by $12,800. However, staff recommends the Storm Sewer Maintenance fund be required to pay its proportional cost of the Fleet projects to properly record the cost of the fund’sactivities. The Storm Sewer Maintenance fund will be included in the upcoming review of Storm Sewer rates and once this process is completed, capital in this fund will be reviewed to ensure projects are limited to the projected resources of the fund.

Projects Moved to Later Years: Both projects listed below have experienced changes to their scheduling in the 6-year capital plan. An explanation of these recommended changes is provided with each listed project.
· Community Services Master Plan Update (CS0001-211): With the recent loss of the Community Service Director, this project has been delayed from 2024/25 to 2025/26 to allow for the hiring of a new department head prior to moving forward with this Master Plan update.

This department will now be referred to as the Parks and Recreation Department, and this project description will be updated accordingly.
· Maintenance Management Software (CS0068-273): This multi-funded project for maintenance tracking software to be used by both Parks and the Landscape and Lighting Districts (L&L’s),has been pushed out to year 3 of the capital plan (2026/27) to allow the Parks and Recreation Department to work with the Public Works Department and the Information Systems division to find a maintenance tracking solution that will work for the entire City organization. Solutions already underway in other departments will be evaluated for their ability to meet the needs of the Parks and L&L maintenance. Based upon the results of this evaluation, this project may be dropped from the next capital plan.

The changes proposed above will appear in each respective fund, in the final version of the capital plan which will be brought to Council for review in June 2024.

Fiscal Impact:

The City’s Capital Improvement Plan details a six-year plan for the expenditure of funds and the completion of projects (see Attachment A). Information for the years 2026/27 through 2029/30 is provided for information and planning purposes and will be revised, updated, and adopted in 2-year increments.

The attached spreadsheets summarize each fund and provide a detailed list of the proposed project.

The fund title and number are followed by a brief explanation of the revenue source and general purpose of the fund. Each fund summary shows projections of the beginning cash, operating Visalia City Council Printed on 4/12/2024Page 7 of 9
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44 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.
revenue (or capital contribution from operating revenue), operating expenditures, proposed CIP expenditures, and the projected ending cash balance for each of the six years.

Prior Council Action: The following is a list of Capital Funds reviewed at prior Council Sessions:

FUND Key DESCRIPTION FUND Key DESCRIPTION
103 2330 Corporation Yard Impact Fee 111 2370 Gas Tax
231 2490 Wastewater Trunkline 113 2390 SB1-RMRA
401 4010 Building Safety 131 2410 Measure R Local
406 4060 Animal Services 133 2430 Measure R Regional
411 4040 Airport 241 2520 Transportation Impact Fees
431 4330 Wastewater 271 2710 Special Service District NE 441 4410 Solid Waste 273 2730 Landscape & Lighting
452 4520 Transit Capital 281 2810 State Transportation
132 2420 Measure R Bike/Trail 501 5010 Fleet Maintenance 211 2440 Recreation Facilites 502 5020 Vehicle Replacement 221 2450 Storm Sewer 503 5030 Measure T Police Vehicle Replace 222 2460 Storm Sewer Deficiency 504 5040 Measure T Fire Vehicle Replace 224 2480 Ground Water Recharge 505 5050 Measure N Vehicle Replacement 251 2530 Waterway Maintenance
261 2540 Waterway Construction
481 4880 Storm Sewer Maintenance
Table 5: Capital Funds Reviewed at Prior Council Sessions 2/20/24
3/4/24
3/18/24
4/1/24
Other:

FUND Key DESCRIPTION FUND Key DESCRIPTION
311 6110 CDBG 141 1410 Measure N
Table 6: Capital Funds to be reviewed by Council in separate Items 04/15/24* 05/06/2024*
* These funds will be reviewed seperately from the Capital Budget process according to the requirements of the individual funding, but will be included in the final budget document for informational purposes.

Alternatives: None recommended.

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45 File #: 23-0442 Agenda Date: 4/15/2024 Agenda #: 5.

Recommended Motion (and Alternative Motions if expected):

No motion is required or requested at this time.

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

Attachment A: Summary of proposed Capital Projects by Fund Attachment B: Directory of Map Points and Maps
Attachment C: Capital Project Ranking Guidelines
Visalia City Council Printed on 4/12/2024Page 9 of 9
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AƩachment A: Summary of Proposed Capital Projects by Fund AƩachment A: Summary of Proposed Capital Projects by Fund 4‐15‐24

The following pages contain a detailed lisƟng of the capital project requests for review by the fund including a summary of cash ﬂow for each.

Fund Name Fund #
Proposed
2024-25
Proposed
2025-26
General Fund 001 $ 2,918,400 $ 3,582,400 Fire Impact Fee 106 - 75,000 Baseball 157 48,300
Convention Center 413 314,500 3,238,700 Information Services 511 262,000 540,000 Narcotics Forfeiture 621 79,500 30,500 $ 3,622,700 $ 7,466,600 Total Projects 47

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AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 000000
General Fund Capital Funding 2,738,400 3,502,700 3,861,600 1,094,200 1,519,100 485,000 Donations and Reimbursements 147,000
G rant Revenues 33,000 79,700 6,313,400 5,313,000 3,959,800 Capital Improvements (2,918,400) (3,582,400) (10,175,000) (6,407,200) (1,519,100) (4,444,800) Total Resources Available for F uture Projects 000000
# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 1A:
1 Police Cell Phone Replacement: Replace SE iPones for
higher capacity phones due to more applications being
added onto phones. Replace 185 phones.Phones/ apps
collecting photographic evidence, collecting audio evidence and recorded statements, documenting and tagging body-
worn camera and in-car camera video evidence, collecting mandated RIPA data, to communicate with various parties related to official business. New phones have been
reviewed by IT and replacement recommended. Liz Ybarra EQ0207 - - Police 1A N/A 150,000 2 General Plan Land Use Update - Designated Reserve Area:

Pending completion of the Industrial Land Inventory
Analysis, conduct an RFP process to hire a consultant to assist Planning staff with an update to the Visalia General Plan, including establishing land use designations for the Reserve designated area as required per Land Use Policy LU-P-33 in the southwest quadrant of the community. The substantial amount of Reserve acreage was established
based upon anticipation that future growth would extend from the immediate Airport zoned land and eventually south and eastward to both sides of Caldwell Avenue. Land uses that could be considered in this area include Industrial, Commercial and Residential. PAUL BERNAL PN0001 - - Planning 1A N/A 130,000 3 Replace Cradlepoint Modems and Antennas: Replace
cradlepoint and antennas on 14 large apparatus and 5 light duty vehicles. This equipment is at or nearing end of life for support by vendor. Upgraded devices would utilize priority 5G cellular to move away from poor LTE (Long Term
Evolution) coverage in the City. GRISWOLD FD0001 - - Fire 1A N/A 93,800 G eneral F und - 001 (1010)
2024/25 - 2029/30 Capital Improvement Program
This fund's revenues include sales and property taxes, business licenses, transient occupancy taxes, fees for services and inte rest earnings. These revenues, for the most part, are discretionary and can be used for anything approved by City Council.

Cash Balance Summary
48

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 1A: (Continued)
4 Fire Department Fourier-Transform Infrared Spectroscopy Analyzer (FTIR): Replace current non-functional 15-year old FTIR (Smiths Detection Hazmat ID). This unit is not
approved for use in the hot zone of an incident and requires a sample to be obtained, removed, and then analyzed.

Modern FTIR analyzers are more portable and can be
carried into the hotzone with technicians for analysis. This equipment provides more confident conclusions of
unknown liquid and chemicals on hazardous materials
incident than other methods in a short timeframe, yielding efficiency and safety. Currently using less reliable field chemistry processes for this determination. FRICKE FD0004 - - Fire 1A N/A 57,800 5 Replace Dispatch monitors for each Dispatch workstation.

Each workstation requires 8 monitors. There are 10 current workstations and 2 new ones being set up in 23/24. Liz Ybarra PD0008 - - Police 1A N/A 49,200 6 Replace Batteries in Parking Structure Lighting: Replace batteries in emergency lighting systems which are 7 years old and beginning to degrade due to age. The usefull life span for these batteries are approximately 5 to 6 years.

These need to be fully functional in the event of a power outage. Parking Structure located at 222 W Acequia. Joe Cote CS0023 - - Park &
Rec 1A B36 30,000
7 Replace SCBA 30-Minute Cylinders (30): Self Contained Breathing Apparatus (SCBA) Cylinders have a 15-year
service life. Requested budget will replace all 30 SCBA in 2024/25. WRISTEN FD0002 - - Fire 1A N/A 39,400
8 Stop Data Collection System (SDCS)- Replacement:

Replace system used for the Racial ID Profiling Act (RIPA).

The current software from DOJ is no cost but has limited capabilities and many times the DOJ web portal is not
available. In compliance with AB 953, SDCS has the
required questions that are to be answered by the officer regarding their stop and their detainee(s). Saves officer time and documents time for SB90 Reimbursement for on going
cost. Annual licensing and maintenance cost estimated
to be $17k- $22k annually during the 6-year plan years. LIZ Ybarra PD0011 $$ Police 1A N/A 17,000 9 Migrate Spillman ArcMAP to using ArcGIS Pro which is required as ArcMAP is being phased out. No software
licensing necessary to support the migration as it is already available. The cost is for the work Motorola needs to do. (Project Mgmt and Installation) - Greg Mattis requested LIZ Ybarra PD0009 - - Police 1A N/A 10,000 10 Ballistic Vest Replacements: Replace approximately 156 vests which have a 5-year life and will be due for required replacement in 2025/26. These vest are provided to police officers to satisfy officer safety equipment requirements. Liz Ybarra EQ0164 - - Police 1A N/A 187,400 General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
49

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 1A: (Continued)
11 Public Safety Traffic Signal Pre-emption System: Install three (3) Emergency Vehicle Pre-emption Systems at
existing traffic signals at various locations throughout the City every other year. This system allows emergency
response vehicles to control traffic signals along their route.

Newer traffic signals have EVPs included; however, there are approximately 45 existing traffic signals within the City without an EVP system. Multi-funded: $100k every other year from $75k Fire Impact Fees (106) and $25k General Fund
(001).

Anthony
Tablizo CP9531 - -
Eng &
Building 1A N/A 25,000 25,000 25,000
Projects Ranked 1B:
12 Corporation Yard Facility Assessment & Master Plan:

Assess needs and conditions of various City Departments whose operations and administrative staff utilize the Corp Yard. Includes review of space needs for offices,
operations, vehicle, equipment, and future infrastructure for charging/fueling zero emission vehicles. The City has identified various projects to accomodate growth and
improved efficiency. The Master Plan will establish the future configuration for the Corp Yard property and the best path for implementation of interrelated projects. Multi-funded project total of $150k from $65k General Fund (001), $3k WRF (431), $76k Solid Waste (441), $3k Bldg Safety (401) and $3k Storm Sewer (481).

Nick Bartsch PW0058 - -
Public
Works 1B B2 64,500
13 Cellebrite's UFED Premium Equipment/Software Cellebrite Used for unlocking Apple iOS and Android devices for
forensic examinations. The Police Department currently has two forensic tools for mobile (cellphone/tablet) forensics which are MicroSystemation’s (aka MSAB) XRY and
Cellebrite’s UFED4PC. The use of XRY would be
discontinued if upgraded to Premium services. Ongoing
software licensing and maintenance fees estimated to bt $34,000 annually. LIZ Ybarra PD0014 $$$ Police 1B N/A 30,400 14 Breathing Support 51 Fill Station RetroFit: The Breathing Support (BS51) unit was purchased in 2019 with
SpaceSaver fill stations that have been found to be
unreliable and requiring personnel to travel to Tulare County Station 1 to refill cylinders. Retrofit will replace the 2 faulty fill stations with a more reliable three-station component that matches the current compressor. WRISTEN FD0005 - - Fire 1B N/A 21,800 General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
50

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 2A:
15 Fleet Shop Improvements & Expansion: Improvements to Edison building at 432 N Ben Maddox Way for Fleet use to include lighting, electrical and air supply for shop equipment & work bays, and shop building heaters, fire sprinklers and required ADA improvements. Fleet's Light Vehicle Shop and Tire Shop will relocate to Edison building after
improvements are complete. This project will coincide with EQ0135 (C-Trains) and CP8377 (Hoists). Multi-Funded
total of $630k from $467k General Fund (001), $11k
Buildings (401), $11k Airport (411), $42k Wastewater (431), $89k Solid Waste (441), $4k Transit (452) and $6k Storm Sewer Maintenance (481). Nick Bartsch CP0048 $$
Public
Works 2A B2 466,900
16 Replace (3) Underground and (1) Above ground Vehicle Hoists- Current hoists are over 25 years old, obsolete and undersized for newer heavier equipment. Parts are no
longer available and must be manufactured. Multi-Funded total of $250k from $185k General Fund (001), $4k
Buildings (401), $4k Airport (411), $17k Wastewater (431), $35k Solid Waste (441), $2k Transit (452) and $3k Storm Sewer Maintenance (481).

Mike
Morgantini CP8377
Public
Works 2A B2 185,400
17 Upgrade Fuel Management: Upgrade fueling system and
equipment, linking three fueling operations to a central location (Corp yard, Police/Fire 51, WWTP) providing
complete fuel accounting, instant reconciliation across multiple sites, real-time fuel data access for monitoring and reporting, and upgrade to keyless tracking with vehicle sensors. Current software is outdated and parts are
becoming hard to locate. The condition of City fueling infrastructure will be evaluated prior to moving forward with this project. Multi-Funded total of $200k from $148k General Fund (001), $3k Buildings (401), $3k Airport (411), $13k Wastewater (431), $28k Solid Waste (441), $1k Transit
(452) and $2k Storm Sewer Maintenance (481).

Wyndi
Ferguson CP0591 - -
Public
Works 2A B2 148,300
18 Maintain City owned/City Occupied Property: Maintenance and repair of various City owned and occupied properties to provide for replacement of air conditioners, pressure
washing, repair of storm and vandalism damage, etc. As these properties age, needs for various maintenance
issues arise. Renee Nagel CP9708 - - Fire 2A N/A 70,000 70,000 70,000 70,000 70,000 70,000 19 Maintain City Property Leased to Tenants: Maintenance of City leased property. As these properties age, needs for various maintenance issues arise. Renee Nagel CP9491 - - Fire 2A N/A 50,000 50,000 50,000 50,000 50,000 50,000 20 Annual St. Johns River Clean-up: To assure the waterway and adjacent area of the St. Johns River remain clear of debris/camping/overgrown vegetation, multiple inspections are conducted each month by Code Enforcement. When
cleanup requiring staff and equipment from multiple City divisions and departments is found to be necessary, this fund will be utilized to cover the costs of staff time, equipment, materials and disposal fees. T. Robertshaw CP0607 - - Planning
& Neigh
Pres 2A N/A 50,000 50,000 50,000 50,000 50,000 50,000
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
51

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 2A: (Continued)
21 Establish Objective Multi-family Design Standards: Develop and adopt new multi-family design standards in response to newly enacted State laws meant to increase housing
supply and affordability and reduce obstacles to housing production. These new laws made it more difficult for cities and counties to deny or decrease densities of affordable or market-rate multi-family housing projects unless the
projects fail to meet clear and objective standards
established in the general plan, zoning code, specific plan, or design manual. Project will convert any subjective
guidelines in current design standards to objective multi- family residential design and development standards which will expedite the application and design review processes for multi-family residential projects. PAUL BERNAL PN0002 - - Planning
& Neigh
Pres 2A N/A 50,000
22 ADA Transition Plan/Self Evaluation - Facilities: Update City's ADA transition plan for City facilities and complete self- evaluation required per Title II, American's w/ Disabilities Act 1990 of facilities including buildings, parks, lots, and other miscellaneous items. The City's transition plan is outdated and must be updated to identify the areas of the City's infrastructure that need to be brought into compliance with the Federal requirements within the City's public facilities.

FY24/25 consultant funds will coincide with the City's Right- of-Way ADA Self Evaluation and Transition Plan (CP8350) to assist with writing the scope for the Facility Transition Plan to begin in FY 26/27.

Rebecca
Keenan EB0002 - -
Eng &
Building 2A N/A 25,600 361,200
23 Purchase replacement tables and chairs: Replacement of worn tables and chairs and Anthony Center and Whitendale Center approximately 300 chairs and 40 tables. Damaged
items are beyond repair and in need of replacement to
ensure services can continue to be met.

Laurissa
Roggenkamp CS0026 - -
Park &
Rec 2A
B33
D14 25,000
24 Master Plan Update: The Community Services Department was created in May of 2020. With it being a new department that incompasses Recreation, Parks, Urban Forestry ,
Buildings, and Trails, a Department Master Plan is needed.

Multi funded total of $225k from $175k General Fund and $50k Recreation Facilities. Alvin Dias CS0001 - -
Park &
Rec 2A N/A 175,000
25 Replace transcription equipment & services of Fusion.

Fusion by Versatile is used for dictation of Officer's reports.

We also use Speakwrite for dictation of transcripts, which is a service that is outsourced. Fusion is no longer supported and Speakwrite is at the end of their contract. The
Department is looking for a single vendor to provide both services. The Department is looking for a single vendor to provide both services. Ongoing licensing and
maintenance cost estimated to be $40,000 annually
which is currently budgeted. LIZ Ybarra PD0010 - - Police 2A N/A 50,000 General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
52

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 2A: (Continued)
26 Purchase of a new turf aerator - Currently the Parks Division contracts the aeration of turf areas, with only sports fields receiving aeration annually. With the purchase of a new aerator that would attach to the division's John Deere tractor, staff can aerate the sports fields more regularly and aerate the City's passive parks annually. This would eliminate the need for the aeration to be contracted . Alvin Dias CS0040 - - Park &
Rec 2A N/A 35,000
Projects Ranked 2B:
27 Purchase new Business Tax Software: Bid, purchase, and implement specialized Business Tax (BT) revenue
collection system to improve billing and cash receipting processes, and implement online payments, including
configuration and report writing. BT bills and receipts over $3 million in General Fund Revenue annually. The current highly customized configuration of Accela for BT requires Intervention and support from Information Systems (IT) for delinquency and regular billings, email reminders, and
gross receipts mailings. New software will allow BT staff to generate billing/mailing files without assistance from IT and save approx. 2-3 weeks of IT staff time annually. Annual licensing and Maintenance cost to be determined.

Melody Murch FT0001 $ Fire 2B N/A 150,000
28 Records Purge Police Department: Prepare a complete inventory of all records currenlty maintained by the Visalia Police Department (VPD) back to 1955 to identify those no longer legally required. Destruction of records which have passed their retention dates will reduce storage needed and the volume of records to be reviewed for Public Records Act requests. VPD currently maintains approximately
792,112 reports and due to the volume of documents it is necessary to outsource this project. Project total of $265k includes $165k prior year funding. Once the backlog of records has been cleared, this will become an regular
annual operating item. Liz Ybarra CP0534 - - Police 2B N/A 100,000 29 Irrigation Controller Upgrades Parks - The project is for the purchase of irrigation controllers and various
miscellaneous parts for Rain Master, Eagle Plus, and
Hunter irrigation controllers. Alvin Dias CS0006 $
Park &
Rec 2B N/A 31,300 31,300 31,300 31,300 31,300
30 Irrigation Controller Upgrades Bike Paths/Trails - The project is for the purchase of irrigation controllers and various miscellaneous parts for Baseline, Hunter, and Toro Sentinal irrigation controllers. Alvin Dias CS0020 $
Park &
Rec 2B N/A 20,000 20,000 20,000
31 Packwood Trail East of Mooney Blvd - Installation of new irrigation controller, wiring, and various irrigation parts. The area was a constant hot spot for vandalism by transients, which has created issues with the functiionality of the irrigation system. Staff has struggled with keeping the landscape alive due to the damage irrigation system and additional funds are requested to restore the landscaping after irrigation is repaired. Alvin Dias CP0547 $
Park &
Rec 2B D15 20,000
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
53

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 2B: (Continued)
32 Riverwalk Park Irrigation Repair - Installation of new irrigation controller, wiring, and various irrigation parts. The area was a constant hot spot for vandalism by transients, which has created issues with the functiionality of the irrigation system. Staff has struggled with keeping the landscape alive due to the damage irrigation system and additional funds are requested to restore the landscaping after irrigation is repaired. Alvin Dias CP0548 $
Park &
Rec 2B B27 20,000
33 St. John's Botanical Irrigation Repair Project - Installation of new irrigation controller, wiring, and various irrigation parts.

The area was a constant hot spot for vandalism by
transients, which has created issues with the functiionality of the irrigation system. Staff has struggled with keeping the landscape alive due to the damage irrigation system and additional funds are requested to restore the landscaping after irrigation is repaired. Alvin Dias CP0546 $
Park &
Rec 2B B26 20,000
34 Replace Recreation Park Irrigation Well - The current irrigation well was lowered to the bottom of the well pit in the summer of 2022. If the water table continues to drop the park will be without water and a new water source will need to be found. This project will drill a new irrigation well before the current well goes dry. Alvin Dias CS0039 - -
Park &
Rec 2B B34 110,000
35 Annual Public Parking lot maintenance: Annual
maintenance program for all city public parking and park parking lots. There are 23 Park and 34 City Public Parking lots in this program that will be crack sealed, overlaid, slurry seal, or reconstructed as needed. The maintenance in
several of these parking lots has been deferred and they are in very bad condition. The city has a large investment in these parking lots which must be maintained . This
program will complete annual maintenance and repairs as needed, with priority given to the lots in the poorest
condition. Diego Corvera CP8214 - -
Eng &
Building 2B N/A 300,000 300,000
Projects Ranked 3:
36 Installation of Solar Lighting at various parks - his project would provide interior lighting to various parks throughout the City with solar lighting. Currently there are many parks void of interior lighting making them very dark during the evening hours. Alvin Dias CS0008 $
Park &
Rec 3 N/A 50,000 50,000 50,000 50,000 50,000
37 New Field Prep Toro w/ tools - The softball complex at Riveway Park does not have equipment to maintain the
infield. Staff transports equipment back and forth from Plaza ballfields. Transporation of the equipment is inefficent, with staff spending much of their time driving between facilities.

Maintenance equipment at each site will reduce
unproductive staff time and increase time in performing field maintenance and other tasks. Staff estimates a cost
savings of approximately $6,400 to $7,000 annually if the need to transport the equipment between facilities, this includes labor, equipment, and fuel costs Alvin Dias CS0002 $ Park &
Rec 3 N/A 40,000
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
54

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 3: (Continued)
38 Fixed -Mount Automatic License Plate Readers (ALPR)
Camera Expansion Program. The Department will be
implementing the ALPR program in a joint effort with TCSO funded by JAG 2023. Looking to expand the program from 6 cameras to 16, providing 10 additional cameras. Ongoing software licensing and maintenance fees estimated to be $40,000 annually. LIZ Ybarra PD0013 $$$ Police 3 N/A 40,000 39 Round Concrete Seating Various Bike Baths/Trails: Install new circular concrete seating along trails and bike paths where 6-foot steel benches have been removed due to
vandalism, wear, and transients using them as living space.

The seats are 36-inch round, 18-inch high seats that can be placed on the existing concrete bench pads. There is little to no maintenance with the seating and it cannot be used as a place to sleep. Alvin Dias CS0019 - -
Park &
Rec 3 N/A 35,000 35,000 35,000
40 Manuel Hernandez Community Center Gym Divider and
Speakers: Install gym divider. Install intercom and
speakers throughout facility (approx. specs 12 channel
6000 wtt mixer, 30 in ceiling 8" speakers w/ conductor
speaker wire, wireless and wired mic kits, 1/4" patch cable) Laurissa
Roggenkamp CS0032 - -
Park &
Rec 3 B29 30,000
41 Industrial Floor Fans Recreation Facilities: Purchase of large floor cooler fans with near silent airflow and all-terrain mobility package. Quantity dependent on facility square footage, locations include Anthony Community Center -
Gym, Manuel F. Hernandez Community Center - Gym, and
Wittman Community Center - Gym and Building #2.

Approximately two per site.

Laurissa
Roggenkamp CS0025 - -
Park &
Rec 3
B33
B29
B31 25,000
42 Senior Center Courtyard Remodel (50% Grant Match) -
Applying for Outdoor Recreation Legacy Partnership (ORLP) grant to update courtyard area at Senior Center facility from leisure space to activity space by installing shade structure for UV protection and design and develop fitness area for seniors to increase health and wellness. Project total of $66k to be funded $33k from General Fund matching funds (001) and $33k from ORLP grant (001). Contingent upon
receipt of grant.

Laurissa
Roggenkamp CS0029 - -
Park &
Rec 3 B35 20,000 46,000
43 Update Monument Signs: Design and construct new City of Visalia entry signs located along SR 99 north and south of the SR 198 interchange. John Lollis
AD0037 - -
Park &
Rec 3 N/A 150,000
44 Security Cameras at Anthony, Manual Hernandez, and
Whitendale Community Centers: Increase security
measures with the installation of security cameras and
monitoring at the Anthony Community Center (ACC) with
approximately 12 web-based cameras, install video security system at Manuel Hernandez with approximatley 8 web-
based cameras, and installation of a video security system at the Whitendale Community Center (WCC) with
approximately 6 web-based cameras. Annual cost of
cameras projected to be $6,500
Laurissa
Roggenkamp CS0028B $
Park &
Rec 3
B33
B29
D14 75,000
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
55

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Ranked 3: (Continued)
45 Split Rail Fencing Various Locations Bike Paths/Trails - This project will replace the existing damaged concrete rail and wire fencing at various location along the trails and install new wooden split rail fencing in areas that are currently void of fencing. Alvin Dias CS0046 $
Park &
Rec 3 N/A 50,000 50,000 50,000
46 Dispatch Automated Call Distribution System (ACD) The ACD will route calls regardless of the type of call to the operator that is available. The system will know which operator is on a call or is available to take a call. Includes large monitor to view routing of all calls. Annual licensing and maintenance cost to be determined. LIZ Ybarra PD0012 - - Police 3 N/A 91,000
47 4 Battery/Electric Positive Pressure Ventilation (PPV) Fans: PPV fans are used to assist in smoke removal and horizontal ventilation during fire operations. New units will replace existing fans at the end of their useful lives. Battery/Electric fans are more compact and produce less noise on the fireground.

Additionally, battery powered fans require less maintainence than gas-powered fans. FRICKE FD0007 - - Fire 3 N/A 25,600 New Vehicles and Equipment for new General Fund Positions:
48 Purchase trucks (2) for new Lead Park Maintenance Worker position. Alvin Dias CS0077 $$
Park &
Rec N/A N/A 120,000
49 Purchase truck for new Park Maintenance Worker position. Alvin Dias CS0076 $$ Park &
Rec N/A N/A 45,000
50 Purchase vehicle for new Investigation Technician (Background) position. Dexter Valencia PD0040 $$ Police N/A N/A 35,000 51 Purchase new vehicle for new Underground Service Alert (USA) Technician. Project total of $40k from $20k
General Fund (001) and $20k Wastewater (431). Nick Bartsch PW0062 $$ Public
Works N/A N/A 20,000
52 Purchase truck for new Building Maintenance Service Worker position. Alvin Dias CS0078 $$
Park &
Rec N/A N/A 50,000
Projects Appropriated but On Hold for Funding Availability:
53 4th of July Fireworks: Funding towards a 4th of July Community Fireworks event. Proposed budget will be provided to another local entity to be used towards the cost of a fireworks display.

Laurissa
Roggenkamp CP0237 - -
Park &
Rec 1B N/A 40,000 40,000 40,000 40,000 40,000 40,000
54 Plaza Park Lights/Electrical Upgrades: Remove/replace ex lighting system at Plaza Park softball fields, tennis & pickleball courts w new Musco Light-Structure System; Upgrade park SCE meter to 4 meters. Softball Fields: Four softball fields will recieve 21 Musco lights & poles. Tennis/Pickleball: Six (6) tennis courts & eight (8) pickleball courts will recieve 10 Musco lights & poles.

Upgrade ex electrical system for both facilies to current electrical codes. Musco lights & poles to be pre-purchased. Softball Fields Est: $2.04M; Tennis/Pickelball Est: $681K; Meters Est: $333K.

CIP to be phased: FYPrior-24/25, Design; FY25/26 CON Field 4+Meters; FY26/27, CON Field 2 & 3; FY27/28, CON Field 1; FY28/29, Tennis&Pickleball.

Rebecca
Keenan CP0368 - -
Park &
Rec 2A C8 619,200 699,000 512,600 572,800
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
56

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Appropriated but On Hold for Funding Availability: (Continued) 55 ZEV Fleet Assessment & Transition Plan: The California Air Resources Control Board (CARB) requires transition of vehicle fleets state-wide to meet zero-emission vehicle (ZEV)
regulations. The City must evaluate its fleet of vehicles and equipment to determine the best method to transition to a zero- emission fleet. The project will identify the best alternative fuel, appropriate vehicle types and applications, necessary
infrastructure, and potential funding options to implement changes. Multi-Funded total of $200k from $148k General Fund (001), $3k Buildings (401), $3k Airport (411), $13k Wastewater (431), $28k Solid Waste (441), $1k Transit (452) and $2k Storm Sewer Maintenance (481). Nick Bartsch PW0044 - -
Public
Works 2A N/A 148,300
56 Plaza Park Tennis Court Resurfacing: Repairs to the concrete surfacing and repainting all six tennis courts with the proper playing surface. The current courts have not been resurfaced in over 10 years. Alvin Dias CS0005 - -
Park &
Rec 2B C8 77,500
57 Riverway Soccer Field Fencing - This project will include the installation of approximately 8,396 linear feet of 6 foot black rubber coated chainlink fencing with pedestrian, service gates, and concrete mow strip around soccer fields 1 thru 9. Alvin Dias CS0051 $ Park &
Rec 3 B25 1,200,000
58 Summers Park Futsal/Soccer Court - This project will install a standard size futsal court at Summers Park with a concrete pad, court sufacing, solar lighting, perimeter fencing, and amenities. Alvin Dias CS0009 $ Park &
Rec 3 B29 190,000
59 Senior Center Projectors, Screens, and Security: Install updated blinds on windows, install ceiling mounted projector (Full HD, Network Capabilities, wireless, 4600 Lumens, with universal ceiling projector mount) and ceiling mounted screen
approximately 125" screen size, 16:9 aspect ratio, motorized with remote control , install storage shelves in sound room, paint kitchen interior, update main entrance with ADA push button for double doors, and increase security measures with security cameras and monitoring, approx 6 cameras webbased, hosted on cloud. Annual cost of cameras projected to be $1,500.

Laurissa
Roggenkamp CS0030 $
Park &
Rec 3 B35 63,000
60 Provident Skate Park Mural: This project is to fund the painting of a mural within the skating surface of the skate park. Alvin Dias` CS0041 - - Park &
Rec 3 B33 50,000
61 Whitendale Community Center Modernization - Installation of hip roof shade structure in courtyard, replace curtains in vaulted ceiling windows with remote controlled blinds (approx specs:
motorized brush DC motor with either AC Adaptor or Li-ion batery pack, and 2.46 RF radio type for remote control), add an ice maker, kitchen remodel, add interior lighting in foyer, add exterior security lighting along permeter of building.

Laurissa
Roggenkamp CS0034 - - CS 3 40,000
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
57

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Appropriated but On Hold for Funding Availability: (Continued) 62 Replace Whitendale Community Center Fencing: Replace courtyard fencing with 6 - 8ft fencing to increase facility security and add fencing and push bar exit bar at main entrance way to provide additional security of facility exterior.

Laurissa
Roggenkamp CS0035A - -
Park &
Rec 3 D14 15,000
Projects Funded 100% with Grant and Donation Funding:
63 Plaza Park Improvements Project: Improvements and repairs to Plaza Park restroom, court, ballfield, and park amenities to update and modernize these facilities. Fully funded by a donation received from the Treaster Family for naming rights of the Plaza Park Pond which was restricted to use for improvements to Plaza Park. Alvin Dias CS0070 - -
Park &
Rec N/A C8 82,000
64 Replace City Call Recording System (VERIENT INSIGHT 6000 System): Current equipment, purchased in 2018, has failed and is currently operating on a backup system, with no remaining backup available. System is used to record all incoming and outgoing lines to Dispatch and all radio communications for Police, Fire, and Animal Control. Recordings are used for investigative purposes and as evidence in criminal proceedings.

Annual licensing and maintenance cost to be determined. Liz Ybarra PD0007 - - Police N/A N/A 65,000 65 7 Base Station Radios: Routine replacement of the current base station radios which will be reaching the end of thier useful lives.

Base station radios are the primary means fire personnel hear radio traffic in the fire stations. Additionally, base station radios can be used as an emergency backup if the station alerting system is offline. This upgrade will allow the department to communicate with all agencies within a 60 minute radius of our city if a large scale disaster should occur. Fire is applying for an Assistance for Firefighters Grant (AFG) to fund this project.

Contingent upon receipt of grant funding. There is no General Fund in this project. FRICKE FD0006 - - Fire N/A N/A 79,700 66 East Side Regional Park (ESRP) Basin F (Construction):

Construct a 33 acre groundwater recharge basin at the ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project. Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), $62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant.

Rebecca
Keenan EB0046 $$$
Eng &
Building N/A B13 6,313,400
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
58

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Projects Funded 100% with Grant and Donation Funding: (Continued) 67 East Side Regional Park (ESRP) Basin E (Design &
Construct): Design a 12-acre groundwater recharge basin at ESRP including storm water infrastructure, structures, and trails in accordance with the park's masterplan in
FY25/26 for proposed construction 27/28, contingent upon receiving a state/federal grant with 20% local match. Mill Creek Realignment in seperate CIP. Multi funded project total of $5.3m from $225k Measure R Trails (132), $626K Parks and Rec (211), $1.07m Ground Water Recharge
(224), and $3.35m grant (001). Project contingent upon grant.

Rebecca
Keenan EB0044 - -
Eng &
Building N/A B13 3,353,600
68 Greenway Trail - Cameron Creek to Packwood Creek Trail:

Construct a 10'-12' wide trail from Cameron Creek to
Packwood Creek trail, landscaped with native trees and
shrubs following the City of Visalia Urban Forestry
standards. Includes solar lighting, benches, trash
receptacles, trail signage, and access connections. Project is 4th segment of 5 planned segments of the Greenway
Trail, located south of State Route 198. Contingent upon receiving grant funds. Multi funded project total of $2.3m from $376k Measure R Trailways (132) and $1.96m grant
(001). Project contingent upon grant.

Adrian
Rubalcaba EB0026 $$
Eng &
Building N/A D2 1,959,400
69 Greenway Trail - Cameron Creek to Caldwell Ave
(Construction): Construct 10'-12' wide trail from Cameron Creek to Caldwell Avenue along the Road 148 alignment
landscaped with native trees and shrubs following the City of Visalia Urban Forestry standards, and including solar lighting, benches, trash receptacles, and trail signage.

Project is 5th and final segment of the Greenway Trail, located south of State Route 198, connecting the terminus of Phase 4 to Caldwell Avenue per the City's Active
Transportation Plan. Multi funded project total of $5.1m from $1.14m Measure R Trailways (132) and $4m grant (001).

Contingent upon receiving grant funds.

Adrian
Rubalcaba EB0027 $$
Eng &
Building N/A D3 3,959,800
Project in Planning Years - Not Ranked:
70 Comprehensive General Plan Update: Update the City of Visalia’s General Plan, adopted in 2014. This plan provides the framework for development of the community over a 20- year planning period. Project will conduct RFP process to hire qualified consultant(s) with expertise in drafting General Plans to assist staff in the preparation of a comprehensive update to the 2030 general plan, and prepare environmental analysis. Includes development of a public outreach
strategy to engage City residents, businesses, public
agencies, and other stakeholders to inform the process
about changes in the community and circumstances that
will guide the future direction of the City.

PAUL BERNAL PN0010 - -
Planning
& Neigh
Pres N/A N/A 1,500,000
General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
59

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Project in Planning Years - Not Ranked: (Continued)
71 Playground Shade Covers - This project request is for the installation of playground shade structures at various parks.

Many of our playgrounds do not have shade structures to allow use during hot summer days and protect the plastics on the playstructures. The project would establish an
installation schedule to prioritize playgrounds that are void of shade and install shade structures until all the
playgrounds in our park system are covered. Alvin Dias CS0050 - - Park &
Rec N/A N/A 200,000 200,000
72 Replace Ruiz Park Irrigation Well: The current irrigation well was lowered to the bottom of the well pit in the summer of 2022. If the water table continues to drop the park will be without water and a new water source will need to be found.

This project will drill a new irrigation well before the current well goes dry. Park wells are for the purpose of irrigating park turf and landscaping, and benefit only the park portion of the land. This project is 100% General Fund.

Alvin Dias CS0067 - -
Park &
Rec N/A B30 100,000
73 Park Amenities Replacement: The park amenity project would create a set replacement schedule for park amenties such picnic tables, benches, and trash receptacles at
various parks. This project would allow staff to prioritize and replace ammenities regularly throughout our park system. Alvin Dias CS0049 - - Park &
Rec N/A N/A 75,000 75,000
74 Maintenance Management Software - Purchase and
installation of maintenance management software with GIS integration to track service requests, staff costs, asset inventory, and asset maintenance costs. Project total of $85k funded from $47k General Fund and $38k Landscape
and Lighting Fund. Annual licensing and maintenance
cost to be determined.

Alvin Dias CS0068 $
Park &
Rec N/A N/A 47,000
75 Recreation Management Software Replacement -
Procurement of new software/contract and start-up costs (i.e. credit card readers and electronic signature pads, staff training). Current software contract will be extended for a final 3-year term. Annual licensing and maintenance cost to be determined.

Laurissa
Roggenkamp CS0037 - -
Park &
Rec N/A N/A 47,000
76 NeoGov Perform Module Purchase: Purchase and
implement NEOGOV Perform Module to provide an
automated and efficient system for employee performance evaluationmaking it easier for supervisors/managers to
track due dates and document performance throughout the year using the journal entry feature. At the end of the rating period, all of the comments/documentation become part of the overall evaluation which can be electronically routed for review prior to issuance. Annual licensing and
maintenance cost to be determined. Diane Davis AD0027 $ Admin N/A N/A 32,000 General Fund - 001 (1010) - Continued
2024/25 - 2029/30 Capital Improvement Program
60

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact Dept Rank
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Project in Planning Years - Not Ranked: (Continued)
77 Replace old submersible well pump at Sunset Park: The typical life span for this type of pump is 10 years. Due to the hot dry summers we've experienced over the lifetime of
these pumps, they may quit working at any time. A similar pump at Recreation Park has already failed and been
replaced. Pre-emptive replacement will prevent possible damage to landscaping. Park wells are for the purpose of irrigating park turf and landscaping, and benefit only the park portion of the land. This project is 100% General Fund.

Alvin Dias CS0066 - -
Park &
Rec N/A C9 30,000
78 Lower well pump setting at Fairview Park: Due to the drought condition the water table has dropped. The set point on the Fariview well needs to be lowered or may quit
working dorking the summer months. A similar pump at
Recreation Park has already failed and needed to be
replaced. Pre-emptive lowering will prevent possible
damage to landscaping. Park/Pond wells are for the
purpose of irrigating park turf and landscaping, and benefit only the park portion of the land. This project is 100% General Fund. Alvin Dias CS0065 - -
Park &
Rec N/A B40 7,500
79 Park Playground Replacement: Create a park playground replacement schedule to replace playgrounds that are
reaching the end of their life cycle. Alvin Dias CS0052 $ Park &
Rec N/A N/A 200,000 200,000
80 10 SCBA Cylinders This project replaces SCBA cylinders schedule to expire during the 2027/28 budget year. Will confirm with inventory tracking as cycle nears. WRISTEN FD0015 - - Fire N/A N/A 15,300 81 Replace Floor Scrubber: Replace ride-on floor scrubber used for cleaning/maintenance of floors at Anthony
Community Center/Gym.

Laurissa
Roggenkamp CS0053 - -
Park &
Rec N/A N/A 25,000
2,918,400 3,582,400 10,175,000 6,407,200 1,519,100 4,444,800 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multi ple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once complete d or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
2024/25 - 2029/30 Capital Improvement Program
General Fund - 001 (1010) - Continued
61

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AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 1,400,700 1,727,000 1,979,400 2,313,300 2,578,900 2,926,300 Impact F ee Revenues 329,900 331,000 337,600 344,400 351,300 358,300 Operating and Allocations (3,600) (3,600) (3,700) (3,800) (3,900) (4,000) Capital Improvements 0 (75,000) 0 (75,000) 0 (75,000)
Total Resources Available for Future Projects 1,727,000 1,979,400 2,313,300 2,578,900 2,926,300 3,205,600 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Public Safety Traffic Signal Pre-emption System: Install three(3) Emergency Vehicle Pre-emption Systems at
existing traffic signals at various locations throughout the City every other year. This system allows emergency
response vehicles to control traffic signals along their route.

Anthony
Tablizo CP9531 - - N/A 75,000 75,000 75,000
0 75,000 0 75,000 0 75,000
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multi ple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once complete d or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
F ire Impact F ee - 106 (2360)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from Fire Impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Cash Balance Summary
62

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AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 000000
General Fund Transfer In 48,300
Capital Improvements (48,300) 00000
Total Resources Available for Future Projects 000000
# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Replace Rawhide 2nd Floor Walk-in Refrigerator/freezer:

Remove and replace existing walk-in refrigerator/freezer on the second floor of the Valley Strong Stadium (Rawhide).

Entire freezer unit is damaged beyond repair due to long- term leakage and can only be patched up for short-term
operation pending replacement. The unit will be temporarily repaired for the baseball season but will need to be
repaired for future use and is the main unit for the rightfield concession and Hall of Fame Club. Alvin Dias CS0069 - - B32 48,300 48,300 0 0 0 0 0
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multi ple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once complete d or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Baseball - 157 (1570)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund was established to account for the operations of the local professional beaseball team. Cash for capital projects is provided from the operating budget on a "as needed" basis.

Cash Balance Summary
63

Page 18 of 25 ends

AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Reserved Cash Balance 315,100 400,600 (2,438,100) (2,218,700) (1,845,700) (1,474,700) General Fund Transfer for Capital 400,000 400,000 400,000 400,000 400,000 400,000 Capital Improvements (314,500) (3,238,700) (180,600) (27,000) (29,000) (2,781,000) Total Resources Available for Future Projects 400,600 (2,438,100) (2,218,700) (1,845,700) (1,474,700) (3,855,700) # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Replace Portable Stage: Purchase seventy 4’x8’ stage
risers for the assembly of a 56’x40’ stage. Previous and existing recurring events request use of a 56’x40’ stage.

The existing portable stage is 33 years old, worn and in need of replacement. The benefits of a new stage would be safety, ease of setup sand breakdown, adaptability to
various event sizes, and the ability to enhance audience experience.

Adrian
Reynosa AD0030 - - B38 262,800
2 Replacement of four (4) ovens: Four of the existing eight 25+ yer old convection ovens are inoperable. There are
three caterers that utlize the kitchen for catered events which can range from 50-1000 participants, and this equipment is a neccesity for efficient food production. Replacement with modern, energy efficient ovens will improve food qulaity and cooking efficiency, reduce energy consumption, and assist compliance with evolving safety standards. The
replacement will postively impact the overall satisfaction for caterers and event attendees. Staff is seeking to purchase two sets of "Vulcan Double Full Size Natural Gas
Convention Ovens."
Adrian
Reynosa AD0033 - - B38 31,900
3 Department of Toxic Substance Control Remediation:

Additional funding for oversight and review of assessment and remediation for the convention center site previously being a dry cleaning facility. Frank Senteno CP0594 - - B38 19,800 4 Replace Telescopic Seating: Purchase 1,000 telescopic seats to replace existing telescopic seating which is over 15 years old and has started to have setup and retraction
issues which can sometimes take up to 8 hours to
complete as events are scheduled. The current seats are hard plastic, look is dated, and a potential safety issue. New telescopic seating has ergonomic designs, comfortable
seating options, and safety features, which will enhance the experience and well-being of attendees and meeting
accessibility standards for those with disabilities to access seating areas more easily. Project contingent upon
available General Fund resources.

Adrian
Reynosa AD0032 - - B38 2,800,000
Convention Center - 413 (4330)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund's revenues come from facility fees for business, entertainment and cultural events held at the Convention Center and from a contribution from the General Fund. Funds are to be used for Convention Center Projects only.

Cash Balance Summary
Additional Information: This fund operates in a deficit position annually, requiring a General Fund subsidy for both operating and capital expenses. A ll capital funding shown here requires a transfer in from the General Fund. The reserved cash balance shown is from prior year General Fund transfers approved by council to create capital reserves in this fund. 64

Page 19 of 25 ends

AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 Table Replacement: The existing banquet tables are over 30 years old. Staff recommends a purchase of 303 60"
round tables; 303 72" round tables; 250 30"x96" rectangular tables; and 100 30"x 72" rectangular tables. Current
banquet tables are mostly wood and over 50 lbs. making
event setup more labor intensive and costly. Purchase of new light-weight tables will save on labor required for setups and reduce the risk of injury. This will also improve efficiency enabling staff to perform multiple event
setups/tear downs in a shorter time period. Project
contingent upon available General Fund resources.

Adrian
Reynosa AD0020 - - B38 352,400
6 Replacement of Electronic Marquees Replace the existing electronic marquees at the convention center due to
distorted images and pixalation. New LED electronic
marquees will ensure events, conventions, conferences, etc are publicized and inform the public of the happenings at the convention center. The exisitng marquees are aging, making the uploading of advertising graphics for events difficult. New marquees will reduce maintenance and
operations costs resulting in a budget savings, they could also be used to advertise other Departments/Divisions
Events to the public. Project contingent upon available General Fund resources.

Adrian
Reynosa AD0019 - - B38 86,300
7 Replace Dance Floor: Purchase ten, 4’x4’ sections to assemble a 40’x40’ dance floor. The dance floor is
magnetic locking for more efficient assembly and has a 5- year warranty.The existing dance floor is 33 years old, each 3’x3’ section is over 50lbs. and it can take two staff up to 2 hours to complete assembly of a 40’x40’ dance floor.

Adrian
Reynosa AD0031 - - B38 90,600
8 Air Conditioning Replacement-Kings Canyon Room:

Replace the Kings Canyon Air Conditioning (AC) system
with a stand alone system on the first floor of the convention center, improving efficiency and reducing energy costs.

Currently the Kings Canyon air conditioning runs on the existing chiller system for the entire convention center. The chiller system does not operate well which causes
customer satisfaction issues for events booked in the room.

The neighboring Grand and Executive Board Rooms have
stand alone AC and this would put Kings Canyon in
alignment with those two rooms.

Adrian
Reynosa AD0034 - - B38 65,000
9 Kitchen Warming Boxes: Replace existing 15+ year old warming boxes in phases over four years. Purchase five (5) warming boxes annually from FY 26/27 to 29/30 for a total of twenty (20) warming boxes. The warming boxes are
essential for large catered events that require the warming of food and the serving of participants.

Adrian
Reynosa AD0035 - - B38 25,000 27,000 29,000 31,000
Convention Center - 413 (4330) - Continued
2024/25 - 2029/30 Capital Improvement Program
65

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
10 Replace Chiller System: Replace (2) Chillerscurrently in use at the Convention Center at the end of their useful lives, along with replacement of rollup access doors for each
chiller and possible replacement of gas supply lines.The existing chiller system has a projected life expectancy of another 6 to 10 years. According to the York service
technician who recently serviced the system, the existing system is more efficient than what is currently out in the market. At it currents lifespan the system should have
60,000 usable hours, it is currently just over 20,000 usable hours.

Adrian
Reynosa AD0036 - - B38 2,750,000
314,500 3,238,700 180,600 27,000 29,000 2,781,000
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multi ple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once complete d or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Convention Center - 413 (4330) - Continued
2024/25 - 2029/30 Capital Improvement Program
66

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AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 4,630,000 5,172,400 5,334,600 5,075,500 4,803,900 4,335,600 Revenues and Reimbursements from Departments 3,542,200 3,542,200 3,542,200 3,542,200 3,542,200 3,542,200 Depreciation Set Aside for Future Replacements 669,700 669,700 669,700 669,700 669,700 669,700 Operating Expenditures (3,407,500) (3,509,700) (3,615,000) (3,723,500) (3,835,200) (3,950,300) Capital Improvements (262,000) (540,000) (856,000) (760,000) (845,000) (965,000) Total Resources Available for Future Projects 5,172,400 5,334,600 5,075,500 4,803,900 4,335,600 3,632,200 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Telephone Server Replacement: Routine replacement of telephone system servers only. Telephone servers have a 5 - year replacement cycle. The last server replacement was in 2018 and is schedule to be evaluated for replacement in 2024/25 and 2029/30. Telephone equipment is replaced on a 10-year schedule and was last replaced in 2022. John Howison CP8247 - - N/A 150,000 150,000 2 SIEM (Security Information and Event Management) platform to efficently collect and analyze log data from multiple sources and systems in one central place. This gives the ability to investigate suspicious activity, analyze and investigate current and past events, and implement more effective security processes. John Howison FT0002 - - N/A 50,000 3 Annual Computer/Peripheral Replacement: Routine
replacement of various computer and communication
systems. This might be a PC, printer, switch, or other equipment. These are funded through already collected
depreciation funds. Equipment has typically reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated for its usefullness and need. John Howison CP9997 - - N/A 45,000 45,000 45,000 45,000 45,000 45,000 4 Information Sysytems office area cubicle modifications and additions: Adjust one existing cubicle to have a half height wall to be more customer friendly and add two new cubicles next to the existing cubicles to accomodate new staff. Half height cubucle for third technician will be similar to cubicles for two other technicians. These changes will make the work space more practical and communication between
staff easier. John Howison FT0004 - - B39 17,000
5 Communication Network Replacement: Routine
replacement of core communications network equipment.

Equipment has typically reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated.

The core network equipment has a 7-year replacement
cycle. These funds will be used to replace off-cycle
depreciated equipment that was not replaced during the
2023 replacement. John Howison CP8246 - - N/A 180,000
Information Services - 511 (5110)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is made available from City Departments, on a cost reimbursement basis, for internal services provided for the opera tion and replacement costs associated with the Organization's computer and communications technology, including Geographic Information Systems and Telephone Services.

Cash Balance Summary
67

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
6 Additional Server Storage: Additional storage space for City servers. This is a routine expansion of the existing data storage sy stems. The City serv ers utiliz e shared storage (virtual storage) for all data. With the prolifieration of data, images, and videos of City business comes the demand for storage expansion. Additionally, longer data retention cycles (many mandated by law) require this expanded
storage space. John Howison EQ0069 - - N/A 165,000
7 Fiberoptic network buildout to various City facilities. Various Sites, anticipate the follwing (FY may vary); FY25/26 VECC (Burke St) to PD D2 (County Center/Cameron), FY 27/28
VECC (Burke St) by old Cal Trans yard and up to Police
District 1 (NW Pearl), FY28/29 VECC (Burke/Goshen) to
Manuel Hernandez and Fire 54 (Dinuba/Fergusen),
FY29/30 VECC (Burke/Goshen) to Fire 52
(Mooney/Whitendale). John Howison CP0225 - - N/A 150,000 150,000 150,000 150,000 150,000 8 Replace Storage Systems: Routine replacement of existing storage systems. Growth of data storage needs and
system obsolesence necessitate wholesale replacement of these units. Last replaced Fall 2022 and scheduled for
replacement in 2026, on a 4 year replacement schedule. John Howison CP8381 - - N/A 400,000 9 IT Strategic Plan: The IT Strategic Plan lays out the organization's priorities for IT projects and staffing
requirements. This plan has a history of prior plans (2002, 2014) and covers a limited (5-10 year) planning horizon, due to changing organizational priorities and technology.

Originally scheduled for a Summer 2024 refresh, this is being pushed out to allow completion of the ARPA projects. John Howison CP8164 - - N/A 200,000 10 Routine Replacement of Laptops and Tablets: Routine replacement of laptops and tablets for Buildings, Public Works, and Fire inspections. Equipment has typically
reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated for its usefulness and need. Devices are on a 4-year replacement cycle, last
replaced in 2022. John Howison CP8378 - - N/A 61,000
11 Public Safety Mobile Data Terminal (MDT) Replacement:

Routine replacement of Public Safety MDTs (mobile
computers). This replaces about 150 mobile computers
utilized in vehicles for Police and Fire. Mobile computers (MDTs) for Public Safety are replaced on a 5-year cycle.

Funds have been set aside to replace these devices which were last replaced in February 2022 and and are anticipated to be replaced in 2027. John Howison CP8172 - - N/A 395,000 2024/25 - 2029/30 Capital Improvement Program
Information Services - 511 (5110) - Continued
68

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
12 Network Backup Replacement: Routine replacement of
network backup equipment. Equipment has typically
reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated. The core network
backup equipment has a 5-year replacement cycle, last
replaced in 2022. John Howison CP0451 - - N/A 170,000
13 Computer Server Replacement: Routine replacement of citywide computer servers. Equipment has typically
reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated for its usefulness and need. These servers have a 5-year replacement cycle. Last replaced Fall 2023. John Howison CP9998 - - N/A 350,000 14 City Copier/Scanners Replacement: Routine replacement of City copiers/multi-function devices (MFPs). These devices have a 5-year replacement cycle. The copiers themselves have many moving parts, significant wear-and-tear due to usage, and increased maintenance calls or out-of-service issues. There are approximately 70 of these devices.

These devices are covered under the 511 replacement fund and were last replaced in Spring 2018 and scheduled to be replaced in 2024. John Howison EQ0067 - - N/A 300,000
15 Computer Replacement: Routine replacement of desktop PCs, laptops, and software. Equipment has typically
reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated for its usefulness and need. PCs are on a 5-year replacement cycle, last replaced Spring 2018 and scheduled for a 2024 replacement. John Howison CP9799 - - N/A 545,000 16 Network Printer Replacement: Routine replacement of
departmental network printers. Equipment has typically reached the end of its useful life, is fully depreciated, and ready to be replaced once evaluated for its usefulness and need. Printers are on a 5-year replacement cycle, last replaced Spring 2016 and scheduled to be replaced in
2024. John Howison CP8248 - - N/A 75,000
262,000 540,000 856,000 760,000 845,000 965,000
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multi ple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once complete d or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Information Services - 511 (5110) - Continued
2024/25 - 2029/30 Capital Improvement Program
69

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AƩachment A: Summary of Proposed Capital Projects by Fund

2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 287,700 216,700 194,700 144,700 94,700 44,700 F orfeitures Available to Pay Law Enforcement Costs 10,000 10,000 10,000 10,000 10,000 10,000 Friends of Visalia Donation for K-9's 8,500 8,500
Operating Expenditures (10,000) (10,000) (10,000) (10,000) (10,000) (10,000) Capital Improvements (79,500) (30,500) (50,000) (50,000) (50,000) 0 Total Resources Available for Future Projects 216,700 194,700 144,700 94,700 44,700 44,700 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Replace 21 Ballistic Helmets for SWAT Team: SWAT
(Special Weapons and Tactics) team is currently
equipped with helmets purchased in 2016 which have a
5-year warranty and expected life. New helmets are
equipped with new technology and now have a 10-year
expected life. Ballistic helmets are an essential part of a SWAT team members safety equipment. The Visalia
Police Department SWAT team’s helmets are currently
over a year past the recommended replacement date. Liz Ybarra PD0002 - - N/A 38,000 2 K-9 Officer Replacements: Purchase, train and equip
two K-9 officers to fill 2 of 3 vacancies, replacing Flic in 2024-25 and King in 2025-26. Both K-9's to be
assigned to the Patrol Division. Donation from Friends of Visalia for a total of $17,000 will purchase dogs at $8,500 each with remaining cost paid from Forfeiture
Fund. Police K-9's are utilized to assist in searching, tracking, and locating persons or evidence beyond the
abilities of their human partners and can minimize risk to police officers enhancing officer safety. The K-9's would also be suited for public demonstrations and
social events. LIZ Ybarra PD0003 - - N/A 30,500 30,500
3 Purchase Kinetic Breaching Tool: Used to gain access by using the power of explosive breaching with the
simplicity of mechanical breaching. One tactical team
member operates the 28-pound hand-held tool. It uses
a specialized .45 caliber blank to deliver 1000 f t./ lbs. of force through ram head to defeat door locking
mechanisms or door hinges. The rapid reload cartridge
holds eight rounds allowing the operator to deliver
multiple breaches during an operation. Liz Ybarra PD0001 - - N/A 11,000 Narcotics F orfeiture - 621 (6210)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund was established to account for money received from narcotics seizures of cash and property as authorized by the CA H ealth and Safety Code. Monies are held on deposit until a court determines whether the money must be returned to the previous owner or forfeited to the City which may use the seized fund for the recovery of law enforcement costs associated with the seized funds.

Cash Balance Summary
70

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AƩachment A: Summary of Proposed Capital Projects by Fund

# Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 Night Vision Equipment for SWAT Team: Purchase
equipment for all of SWAT (Special Weapons and
Tactics) team. Purchase 7 sets of equipment annually
until full unit is equipped. SWAT is currently not
equipped with night vision and uses rifle mounted
flashlights, which limits night visibility, and give away officer positions, imparing thier safety. Liz Ybarra PD0004 - - N/A 50,000 50,000 50,000 79,500 30,500 50,000 50,000 50,000 0
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multi ple sources and the full budget is shown in the "Multi-Fund 301".

Page 1 of 7 ends

AƩachment B: Directory of Map Points and Maps 4/15/24
AƩachment B: Directory of Map Points and Maps 4/15/24

Map Point Project/Description Fund Fund DescriptionB2 Corporation Yard Facility Assessment & Master Plan 001 General FundFleet Shop Improvements & Expansion 001 General FundReplace (3) Underground and (1) Above Ground Vehicle Hoists 001 General FundUpgrade Fuel Management System & Equipment 001 General FundB13 East Side Regional Park (ESRP) Basin E Design & Construction 001 General FundEast Side Regional Park (ESRP) Basin F Construction 001 General FundB25 Riverway Soccer Field Fencing 001 General FundB26 St John's Botanical Irrigation Repair Project 001 General FundB27 Riverwalk Park Irrigation Repair 001 General FundB29 Industrial Floor Fans for Manuel Hernandez Community Center 001 General FundManuel Hernandez Community Center Gym Divider and Speakers 001 General FundSecurity Cameras at Manuel Hernandez Community Center 001 General FundSummers Park Futsal/Soccer Court 001 General FundB30 Replace Ruiz Park Irrigation Well 001 General FundB31 Industrial Floor Fans for Wittman Community Center 001 General FundB32 Replace Rawhide 2nd Floor Walk-in Refrigerator/freezer 157 General FundB33 Anthony Community Center Modernization 001 General FundIndustrial Floor Fans for Anthony Community Center 001 General FundProvident Skate Park Mural 001 General FundPurchase Replacement tables and chairs (Anthony Center) 001 General FundSecurity Cameras at Anthony Community Center 001 General FundB34 Replace Recreation Park Irrigation Well 001 General FundB35 Senior Center Courtyard Remodel 001 General FundSenior Center Projectors, Screens, and Security 001 General Fund Directory of Map Points
72

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AƩachment B: Directory of Map Points and Maps 4/15/24

Map Point Project/Description Fund Fund DescriptionB36 Replace Batteries in Parking Structure Lighting (222 W Acequia) 001 General FundB38 Air Conditioning Replacement-Kings Canyon Room 413 Convention CenterDepartment of Toxic Substances Control Remediation 413 Convention CenterKitchen Warming Boxes 413 Convention CenterReplace Chiller System 413 Convention CenterReplace Dance Floor 413 Convention CenterReplace Portable Stage 413 Convention CenterReplace Telescopic Seating 413 Convention CenterReplacement of Electronic Marquees 413 Convention CenterReplacement of four (4) ovens 413 Convention CenterTable Replacement 413 Convention CenterB40 Lower well pump setting at Parkview Park 001 General FundB39 Information Systems office and cubicle modifications 511 Information SystemsC8 Plaza Park Lights/Electrical Upgrades 001 General FundPlaza Park Improvements Project 001 General FundPlaza Park Tennis Court Resurfacing 001 General FundC9 Replace old submersible well pump at Sunset Park 001 General FundD2 Greenway Trail - Cameron Creek to Packwood Creek Trail 001 General FundD3 Greenway Trail - Cameron Creek to Caldwell Ave 001 General FundD14 Purchase Replacement tables and chairs (Whitendale Center) 001 General FundSecurity Cameras at Whitendale Community Center 001 General FundWhitendale Community Center Modernization 001 General FundReplace Whitendale Community Center Fencing 001 General FundD15 Packwood Trail East of Mooney Blvd 001 General Fund Directory of Map Points - Continued
73

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AƩachment B: Directory of Map Points and Maps 4/15/24

78 Attachment C – Capital Project Ranking Guidelines

General Fund CIP Requests (Ranking)
As with prior budgets, all General Fund CIP project requests will be ranked by the General Fund CIP Review Committee. The CIP committee will be comprised of the Department Head from each submitting department. The Department Head may choose to appoint someone to rank/attend on their behalf. The committee will use the following criteria when ranking projects:

 Implementation of a Council priority
 Support of City of Visalia General Plan
 Resolution of a health and safety concern
 Savings of City funds or avoidance of additional costs  Promotion of efficient operations

The scale to be applied in the ranking of General Fund CIP projects is:

Level 1Ranking Definition
1 Items of highest importance
2 Useful, but of lower priority
3 Would provide improvements, but can wait

The following sub-rankings can be applied to level 1 rankings:

Sub-ranking Definition
A Health and safety or urgent need
B Highly desirable and useful

Level 2 Ranking Definition
+ / - Moves higher level rankings higher or lower

Projects beyond fiscal years 22/23 and 23/24 are typically not ranked as Council will only be approving appropriations for these years.

79 City of Visalia
Capital Budget 2024-2030
80 Proposed CIP Adoption Process
•No Action required tonight
•Review at (5) February-April meetings
•Staff Available for questions
•Bring back if necessary
•Final Adoption of All Funds in June
81 Budget Structure
•Cash Balance Summary
•Project Descriptions
•Map References
•6 Year Plan
•2-year Proposed Budget
•4-year Planning Purposes
2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 430,500 327,000 191,900 286,700 323,900 368,600 Operating Revenues 2,650,900 2,703,800 2,757,900 2,813,100 2,869,400 2,926,800 Grant Revenues
Federal Aviation Administration (FAA)-Airport Improvement Program (AIP) 409,500 3,706,200 112,000 916,000 Caltrans Department of Aeronautics (DOA) 20,400 185,300 5,000 45,000 Operating Expenditures (2,479,300) (2,537,400) (2,588,100) (2,639,900) (2,692,700) (2,746,600) Capital Improvements (705,000) (4,193,000) (75,000) (253,000) (1,093,000) (75,000) Total Resources Available for Future Projects 327,000 191,900 286,700 323,900 368,600 473,800 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Taxilane/way A & B and Hangar H3 Row 10 (Design):

Design phase of reconstruction project. These movement
areas have minimal remaining expected lifespan (exact
functional lifespan to be verified at the conclusion of ongoing CIP0572 PMMP project) Pavement condition is a
critical measure of airport performance and reconstruction before failure occurs from both a cost effectiveness and safety standpoint is essential. Project design funding total of $455k expected breakdown: $410k FAA Grant, $20,400
State Grant , $25k Airport Fund (411). J.Miller CP0573 - - C1 455,000 2 Walnut Ave Communications Connectivity: Installation of conduit and fiber optic cable as an extension of the
Intelligent Transportation System (ITS) to provide a City owned fiber optic connection to the Water Reclamation
Faciltiy (WRF). Provides connection between existing fiber optic communication infrastructure at the intersection of Akers St and Walnut Ave and the intersection of Walnut Ave and Plaza Dr; and bridges the communication gap in Walnut Avenue from Akers Street to Plaza Drive. Multi-funded
project total of $1.4m from $530k WWTP (431) including
$180K prior year funding, $175k Animal Services (406),
$175k Airport (411), and $500k Measure R Local (131). Eric Bons CP0527 $ C5 175,000 Airport - 411 (4040)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund receives money from the Federal Aviation Administration Airport Improvement Program (FAA-AIP) and various grants. This money can only be used for capital projects approved by the granting agency. This fund also receives revenues from airport user fees, such as hangar rentals and fuel sales. They are to be used for operations, improvements, and vehicle and equipment acquisitions. These revenues are also used for the Airport’s 5% match on FAA and grant funded projects.

Cash Balance Summary
Additional Information: All proposed Airport capital projects over $25k in this 6-year plan are 90% funded with grants from the Federal Aviation Administration Airport Improvement Program (FAA-AIP). The 10% match required by FAA grant funding is to be paid with a combination of Caltrans Airport Improvement Program Matching Grant (AIP) revenues and airport user fees, such as hangar rentals and fuel sales. The projects proposed are based upon estimates of FAA grant funding for planning purposes and will only proceed if FAA funding is approved for each specific project. 82 Funds for review tonight
Fund Name Fund #
Proposed
2024-25
Proposed
2025-26
General Fund 001 $ 2,918,400 $ 3,582,400 Fire Impact Fee 106 - 75,000 Baseball 157 48,300
Convention Center 413 314,500 3,238,700 Information Services 511 262,000 540,000 Narcotics Forfeiture 621 79,500 30,500 $ 3,622,700 $ 7,466,600 Total Projects 83 # Project Description
Proposed
2024-25
Proposed
2025-26
Projects Rated 1A:
1 Police Cell Phone Replacement 150,000$
2 General Plan Land Use Update
Designated Reserve Area 130,000
3 Replace Cradlepoint Modems and Antennas 93,800
4 Fire Department Fourier-Transform
Infrared Spectroscopy Analyzer (FTIR) 57,800
5 Replace Dispatch monitors for each Dispatch
workstation 49,200
6 Replace Batteries in Parking Structure Lighting 30,000 7 Replace SCBA 30-Minute Cylinders (30) 39,400
8 Stop Data Collection System (SDCS)- Replacement 17,000 9 Migrate Spillman A rcMAP to using ArcGIS Pro 10,000
10 Ballistic Vest Replacements 187,400$
11 Public Safety Traffic Signal Pre-emption System 25,000$ Projects Rated 1B:
12 Corporation Yard Facility Assessment & Master Plan 64,500 13 Cellebrite's UFED Premium Equipment/Software
Forensic Examination Tool 30,400
14 Breathing Support 51 Fill Station RetroFit 21,800$
General Fund - 001 (1010)
84 # Project Description
Proposed
2024-25
Proposed
2025-26
Projects Rated 2A :
15 Fleet Shop Improvements & Expansion 466,900$
16 Replace (4) Vehicle Hoists
(3) Underground and (1) Above ground 185,400
17 Upgrade Fuel Management 148,300
18 Maintain City owned/City Occupied Property 70,000 70,000$ 19 Maintain City Property Leased to Tenants 50,000 50,000 20 Annual St. Johns River Clean-up 50,000 50,000 21 Establish Objective Multi-family Design Standards 50,000 22 ADA Transition Plan/Self Evaluation - Facilities 25,600 23 Purchase replacement tables and chairs 25,000
24 Master Plan Update - Parks and Recreation Department 175,000 25 Replace transcription equipment & services of Fusion 50,000$ 26 Purchase of a new turf aerator - Parks Division 35,000$ General Fund - 001 (1010) - Continued
85 # Project Description
Proposed
2024-25
Proposed
2025-26
Projects Rated 2B:
27 Purchase new Business Tax Software 150,000$
28 Records Purge Police Department 100,000
29 Irrigation Controller Upgrades Parks 31,300 31,300$ 30 Irrigation Controller Upgrades Bike Paths/Trails 20,000 31 Packwood Trail East of Mooney Blvd 20,000
32 Riverwalk Park Irrigation Repair 20,000
33 St. John's Botanical Irrigation Repair Project 20,000 34 Replace Recreation Park Irrigation Well 110,000$
General Fund - 001 (1010) - Continued
86 # Project Description
Proposed
2024-25
Proposed
2025-26
Projects Rated 3:
36 Installation of Solar Lighting at various parks 50,000$ 50,000$ 37 New Field Prep Toro w/ tools Parks 40,000
38 Fixed -Mount Automatic License Plate Readers (ALPR) 40,000 39 Round Concrete Seating Various Bike Baths/Trails 35,000 40 Manuel Hernandez Community Center
Gym Divider and Speakers 30,000
41 Industrial Floor Fans Recreation Facilities 25,000
42 Senior Center Courtyard Remodel 50% Grant Match 20,000$ 46,000 43 Update Monument Signs 150,000
44 Security Cameras at Anthony, Manual Hernandez, and
Whitendale Community Centers 75,000
45 Split Rail Fencing Various Locations Bike Paths/Trails 50,000$ General Fund - 001 (1010) - Continued
87 # Project Description
Proposed
2024-25
Proposed
2025-26
New Vehicles for new General Fund Positions:
48 Purchase new trucks (2)
for new Lead Park Maintenance Worker position 120,000$
49 Purchase new truck (1)
for new Park Maintenance Worker position 45,000
50 Purchase new vehicle (1)
for new Investigation Technician position. 35,000
51 Purchase new vehicle
for new Underground Service Alert (USA) Technician 20,000$ 52 Purchase new truck for
new Building Maintenance Service Worker position 50,000$ General Fund - 001 (1010) - Continued
88 # Project Description
Proposed
2024-25
Proposed
2025-26
Projects Appropriated but On Hold for Funding A vailability: (Continued) 53 4th of July Fireworks 40,000$ 40,000$ 54 Plaza Park Lights/Electrical Upgrades 619,200
55 ZEV Fleet A ssessment & Transition Plan 148,300
56 Plaza Park Tennis Court Resurfacing 77,500
57 Riverway Soccer Field Fencing 1,200,000
58 Summers Park Futsal/Soccer Court 190,000
59 Senior Center Projectors, Screens, and Security 63,000 60 Provident Skate Park Mural 50,000
61 Whitendale Community Center Modernization 40,000
62 Replace Whitendale Community Center Fencing 15,000
Projects with 100% Grant and Donation Funding:
63 Plaza Park Improvements Project 82,000
64 Replace City Call Recording System
(VERIENT INSIGHT 6000 System) 65,000
65 7 Base Station Radios 79,700
Total Expenses $ 2,918,400 $ 3,582,400 General Fund - 001 (1010) - Continued
89 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Public Safety Traffic Signal Pre-Emption System $ 75,000 Total Expenses $ - $ 75,000 Fire Impact Fee Fund - 106 (2360)
90 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Replace Rawhide 2nd Floor Walk-in
Refrigerator/freezer $ 48,300
Total Expenses $ 48,300 $ - Visalia Baseball - 157 (1570)
91 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Replace Portable Stage 262,800$
2 Replacement of four (4) ovens 31,900
3 Department of Toxic Substance Control Remediation 19,800 4 Replace Telescopic Seating 2,800,000$
5 Table Replacement 352,400
6 Replacement of Electronic Marquees 86,300
Total Expenses $ 314,500 $ 3,238,700 Convention Center Fund - 413
92 # Project Description
Proposed
2024-25
Proposed
2025-26
1 Telephone Server Replacement
5-year replacement cycle 150,000$
2 SIEM Platform Purchase
(Security Information and Event Management) 50,000
3 Annual Computer/Peripheral Replacement
5-year replacement cycle 45,000 45,000$ 4 Information Sysytems office area cubicle
modifications and additions 17,000
5 Communication Network Replacement
7-year replacement cycle 180,000
6 Additional Server Storage 165,000
7 Fiberoptic network buildout to various City
facilities 150,000
Total Expenses $ 262,000 $ 540,000 Information Services Fund - 511 (5110)
93 Remaining Capital Funds
This completes the Capital Budget Review
except for Capital Projects included in:
•The Annual Action Plan being reviewed for
adoption April 14, 2024 (tonight)
•The Measure N Budget to be reviewed
May 6, 2024
These Funds will be included in the final
Capital Document
94 Next meeting
The final DRAFT of
the 6-year Capital
Plan will be
included in the
DRAFT budget for
adoption in June.
95 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0127 Agenda Date: 4/15/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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96 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0121 Agenda Date: 4/15/2024 Agenda #: 2.

Agenda Item Wording:

Approval of Landfill Disposal Agreement - Authorize the City Manager to enter into an agreement with the County of Tulare for disposal of solid waste collected by the City of Visalia Solid Waste Department. The agreement includes the disposal fee of $28 per ton and provisions for a CPI increase of up to 3% per year if an associated rate increase is applied to the general gate rate.

Deadline for Action: 4/15/2024
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, 713-4533, [email protected]; Nick Bartsch, Public Works Director, 713-4052, [email protected] Department Recommendation:

Staff recommends that Council approve a 10-year agreement with two (2) optional 5-year renewal periods with the County of Tulare for disposal of solid waste refuse collected by the City of Visalia’s Solid Waste Department. The agreement includes a disposal fee of $28 per ton and provisions for a CPI increase of up to 3% per year if an associated rate increase is applied to the general gate rate.

Background Discussion:

The City of Visalia Solid Waste Department provides solid waste service within the City limits and serves over 42,000 residential and 3,500 commercial customers. In 2023, nearly 140,000 tons of material was collected, including 34,000 tons of green and food waste, 18,500 tons of recyclable material, and 87,000 tons of general refuse. Although recyclable materials, including blue and green recyclables, are taken to the City’scontracted recyclers, general refuse is taken to one of two Tulare County landfill sites just outside the City limits. This includes the main landfill site at 8614 Avenue 328, and the newly reopened Woodville landfill site at 19800 Road 152 in Tulare.

Since 2015, the City has had a multi-year disposal agreement with Tulare County that authorized the City to dispose of refuse collected within the City limits at the County’slandfill at $28 per ton. In comparison to the posted general gate rate of $34 per ton, this agreement has served the City in a savings of $6 per ton. The current agreement expires on June 30, 2024.

The current proposed agreement is identical to the previous apart from City standard CPI language that the City’sFinance Department asked to be included. The CPI language included in the new agreement authorizes a rate adjustment based on the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for All Urban Consumers (CPI-U) U.S. City Average, All Items. This language differs from the County CPI language that used a blended average of two different indexes. The agreement also specifies that the disposal rate per ton shall only be adjusted in conjunction with an increase of the posted gate rates established by the County and approved by the Board of Supervisors.

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97 File #: 24-0121 Agenda Date: 4/15/2024 Agenda #: 2.

The disposal rate proposed will continue to be the same rate as the expiring agreement, at $28 per ton. Due to the gate rate trigger and the maximum CPI increase allowed of 3% per occurrence, this ensures that the disposal rate for the City of Visalia will always be lower than the general gate rate.

Fiscal Impact:

The cost of this agreement will be paid through the Solid Waste Enterprise Fund (441) and is included in the various operating division budgets within the fund. Based on previous year data, the current anticipated annual cost will be $2.51 million between all commercial and residential divisions.

For reference, the previous 3 years of costs and current year projected between all divisions is as follows:

Total Cost FY20-21 FY21-22 FY22-23 FY23-24 Projected
Commercial Division $739,810 $854,108 $799,453 $824,622 Roll Off Division $381,634 $443,748 $458,489 $499,188
Residential Division $1,300,022 $1,187,354 $1,261,495 $1,177,239 Totals $2,421,466 $2,485,210 $2,519,437 $2,501,049
No appropriation is needed as these costs are included in the yearly operating budget for the Solid Waste Enterprise Fund and increased yearly to account for City growth.

Prior Council Action: 6/17/2019 - Council approval of a 5-year agreement with Tulare County.

Other: Once approved by City Council, this agreement will be taken for action at the County Board of Supervisors meeting on April 30th, 2024. Once approval from both parties has been obtained, final signatures will be applied, and agreement will commence on July 1, 2024.

Alternatives: To not authorize the City Manager to enter into agreement with Tulare County for use of the County’sdisposal site and seek alternatives. This alternative is not recommended as it would result in higher cost and/or significant impacts to the operational efficiency of the Solid Waste Division.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a 10-year agreement with Tulare County, with two optional additional 5-year renewal periods, for refuse disposal at the County’s landfill sites.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Tulare County Waste Disposal Agreement
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98 WASTE DISPOSAL AGREEMENT

Between

COUNTY OF TULARE, CALIFORNIA

And

CITY OF VISALIA, CALIFORNIA

Dated as of July 1, 2024

County Authorization Date:
___________________________________, 2024

County Notice Address:

Director
Tulare County Solid Waste Department
5955 S Mooney Blvd.,
Visalia, CA 93227

City Authorization Date:
____________________________________, 2024

City Notice Address:

City Manager
City of Visalia
220 N. Santa Fe St.

Visalia, CA 93292
99 i

T ABLE OF CONTENTS

Page

ARTICLE I

DEFINITIONS AND INTERPRET ATION

1.1 DEFINITIONS ................................................................................................................................................................ 1

1.2 INTERPRETATION......................................................................................................................... ................................ 7

ARTICLE II

REPRESENT ATIONS AND WARRANTIES

2.1 REPRESENTATIONS AND WARRANTIES OF CITY ........................................................ ................................... 7

2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY................................................. ........................ 8

ARTICLE III

DELIVERY AND ACCEPT ANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE

3.1 DELIVERY OF WASTE. ................................................................................................................. ............................... 8

3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY . .................................................... ........................... 9

3.3 COUNTY RIGHT TO REFUSE WASTE. ..................................................................................... ............................ 10

3.4 MISCELLANEOUS OPERATIONAL MATTERS. ...................................................................... .......................... 10

3.5 OTHER USERS OF THE DISPOSAL SYSTEM. .................................................................................................... 11

ARTICLE IV

CONTRACT RATE

4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE......................................... ......................... 11

4.2 CONTRACT RATE........................................................................................................................ ................................. 11

4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE. ......................................... ....................... .13

4.4 BILLING OF THE CONTRACT RATE ........................................................................................ ............................ 13

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION

5.1 BREACH ........................................................................................................................................ .................................. 13

5.2 TERMINATION WITH CAUSE................................................................................................................... .............. 13

5.3 NO WAIVERS................................................................................................................................ .................................. 14

5.4 FORUM FOR DISPUTE RESOLUTION...................................................................................... ............................ 14

ARTICLE VI
TERM

6.1 EFFECTIVE DATE AND TERM. ................................................................................................ .............................. 14

6.2 COMMENCEMENT DATE........................................................................................................... ............................... 15

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ARTICLE VII

GENERAL PROVISIONS

7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM ....................................... ...................... 15

7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY . ....................................................... ........................... 15

7.3 INDEMNIFICATION.................................................................................................................... ................................ .16

7.4 LIMITED RECOURSE. ................................................................................................................ ................................ 16

7.5 PRE-EXISTING RIGHTS AND LIABILITIES............................................................................ ............................ 17

7.6 NO VESTED RIGHTS .................................................................................................................. ................................ 17

7.7 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING.......................... ...................... 17

7.8 AMENDMENTS ........................................................................................................................... ................................. 17

7.9 NOTICE OF LITIGATION .......................................................................................................... ................................ 17

7.10 FURTHER ASSURANCES............................................................................................................ ............................... 17

7.11 ASSIGNMENT OF AGREEMENT . .............................................................................................. ............................. 17

7.12 INTEREST ON OVERDUE OBLIGATIONS ............................................................................... ........................... 17

7.13 BINDING EFFECT ........................................................................................................................ ............................... 17

7.14 NOTICES........................................................................................................................................ .................................. 17

7.15 DISPUTES AND DISPUTE RESOLUTION ........................................................................................................... 17

7.16 COUNTERPARTS ......................................................................................................................................................... 18 SIGNATURES ................................................................................................................................................................ 18

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WASTE DISPOSAL AGREEMENT

This WASTE DISPOSAL AGREEMENT (“ Agreement”) is made as of July 1, 2024, between the County of Tulare, a political subdivision of the State of California (“County”) and the City of Visalia, a Cali- fornia Municipal Corporation (“City”). County and City are each a “Party” and together are the “Par- ties” to this Agreement, which is made with reference to the following Recitals:

RECIT ALS

1. The County owns, manages, and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the “Disposal System”).

2. The Disposal System includes two active landfill sites, the Visalia site, and the Woodville site.

3. The Disposal System is used for the disposal of municipal solid waste which is not reused, recy- cled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Man- agement Act of 1989 (Division 30 of the California Public Resources Code) (the “ Act”).

4. City owns, manages, and operates a collection system for the disposal of municipal solid waste generated within City’s boundaries pursuant to City’s authority under State law.

5. City and the County desire to enter into this Agreement.

6. City has determined that the execution of this Agreement by City will serve the public health, safety and welfare of City’s residents by providing greater disposal rate stability, promote more pre- dictable and reliable long-term disposal service costs, complement and enhance County’s goals to make the County-wide Disposal System increase its efficiencies and professionalism, provide effective financial management on a long term basis and promote sound environmental management.

7. The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliable municipal solid waste stream and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis.

THEREFORE, THE PARTIES agree as follows:

ARTICLE I

DEFINITIONS AND INTERPRET ATION

1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below.

“Acceptable Waste” means all garbage, refuse, rubbish and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi- family), commercial, industrial, governmental and institutional establishments and which are ac- ceptable at Class III landfills under Applicable Law, and that is not Unacceptable Waste as defined herein below.
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“Act” means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time.

“Agreement” means this Waste Disposal Agreement between the County and City as the same may be amended or modified from time to time in accordance herewith.

“Appendix” means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof.

“Applicable Law” means the Act, County’s Ordinance Code, City’s Municipal Code, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contem- plated hereby (including any of the foregoing which concern health, safety, fire, environmental pro- tection, mitigation monitoring plans and building codes).

“CalRecycle” means the California Department of Resources Recycling and Recovery.

“CEQA” means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder.

“CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereun- der.

“Change in Law” means any of the following events or conditions which has a material and significant effect on the performance by the Parties of their respective obligations under this Agreement (other than any payment at the time due and owing), or on the siting, design, permitting, acquisition, con- struction, equipping, financing, ownership, possession, operation or maintenance of the Disposal Sys- tem or other matters to which Applicable Law applies:

(1) enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Appli- cable Law (other than Applicable Law enacted by the County);

(2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of City, whichever is asserting the occurrence of a Change in Law; provided, however, that the con- testing in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or

(3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, 103
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interruption, imposition or failure materially and adversely interferes with the perfor- mance of this Agreement, if and to the extent that such denial, delay, suspension, termina- tion, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interrup- tion, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.

(4) any new or revised requirements imposed by Law upon the Department after the Com- mencement Date of this Agreement relating to the funding or provision of disposal services, including but not limited to any regulations for disposal operations or activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to pro- vide waste disposal, transfer, recycling, processing or other waste related activities.

“City” means, as applicable, the City of Visalia, a California Municipal Corporation.

“City Acceptable Waste” means all Acceptable Waste which was originally discarded by the first gen- erator thereof within the geographical limits of City, and Residue from the foregoing wherever pro- duced, whether within or outside City (or Tonnage equivalencies of such Residues, as and to the ex- tent provided in subsection 3.1(C) hereof).

“Commencement Date” means the date on which the obligations of the Parties hereto commence, established as provided in section 6.2(A) hereof.

“Contract Date” means the first date on which this Agreement has been executed by both Parties hereto.

“Contract Rate” has the meaning specified in section 4.2 hereof.

“Contract Year” means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year.

“Controllable Waste” means all City Acceptable Waste with respect to which City has the legal or contractual ability to determine the disposal location therefor and which is:

(1) Non-Recycled City Acceptable Waste;

(2) Not generated from the operations of the Governmental Bodies that, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate.

“County” means the County of Tulare, a political subdivision of the State of California.

“County Plan” means the integrated waste management plan of the County approved by CalRecycle pursuant to the Act as in effect from time to time.

“County Solid Waste Enterprise Fund” means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. 104
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“Department” means Tulare County Solid Waste Department, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof.

“Disposal Services” means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder.

“Disposal System” means the Tulare County Visalia,, or Woodville landfill as applicable to the City.

“Corrective Action Fund” means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation, or liability.

“Governmental Body” means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.

“Hazardous Substance” has the meaning given such term in CERCLA, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.), and Ti- tles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder.

“Hazardous Waste” means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or signifi- cantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environ- ment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time in- cluding, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations con- tained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40.

“Initial Term” has the meaning specified in section 6.1(A) hereof.

“Law” means the statutes adopted by the legislative bodies and signed into law by the President or Governor, respectively, of the United States of America (Federal) or by the State of California (State); Federal and State administrative laws; final decisions by Federal or State Appellate and Supreme Courts.

“Legal Entitlement” means all permits, licenses, approvals, authorizations, consents, and entitle- ments of whatever kind and however described that are required under Applicable Law to be ob- tained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby.

“Legal Proceeding” means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement.

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“Loss-and-Expense” means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs.

“Non-Recycled City Acceptable Waste” means all City Acceptable Waste other than Recycled City Acceptable Waste.

“Overdue Rate” means the maximum rate of interest permitted by the laws of the State or 1% per month whichever is lower .

“Posted Disposal Rate” means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement, or any other agreements that may be in place.

“Prohibited Medical Waste” means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System.

“Qualified Household Hazardous Waste” means waste materials discarded from households as op- posed to businesses determined by the Board, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be any of the following:

(1) Of a nature that they must be listed as hazardous in State statutes and regulations;

(2) Toxic/ignitable/corrosive/reactive;

(3) Carcinogenic/mutagenic/teratogenic;

Qualified Household Hazardous Waste shall not include Unacceptable Waste.

“Recycled City Acceptable Waste” means any otherwise Controllable Waste that is separated from Acceptable Waste by the generator thereof or by processing and which is “recycled” within the mean- ing of Section 40180 of the Public Resources Code, as it may be amended from time to time. Recycled City Acceptable Waste includes compostable waste or green waste that is diverted to a composting or green waste recycling program.

“Renewal Term” has the meaning specified in Subsection 6.1(B) hereof.

“Residue” means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing).

“Resource Conservation and Recovery Act” or “RCRA” means the Resource Conservation and Re- covery Act, 42 U.S.C.A. Section 6901 et seq., as amended and superseded.

“Self-Hauled Waste” means City Acceptable Waste collected and hauled by Self-Haulers.

“Self-Hauler” means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person.

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“Service Covenant” means the covenants and agreements of the County set forth in sections 3.2 and

3.3 hereof.

“State” means the State of California.

“Term” shall mean the Term of this Agreement.

“Ton” means 2,000 pounds.

“Transfer Station” means any materials recovery facility, composting facility, intermediate pro- cessing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for City is delivered for processing before disposal in the Disposal System.

“Unacceptable Waste” means Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law.

“Uncontrollable Circumstance” means any act, event or condition affecting the Disposal System, the County, City, or contractors or suppliers to the extent that it materially and adversely affects the ability of either Party to perform any obligation under the Agreement (other than any payment at the time due and owing), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under the Agreement; provided, however, that the contest- ing in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either Party. Examples of Uncontrol- lable Circumstances are:

(1) Landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and

(2) A change in applicable law to this WASTE DISPOSAL AGREEMENT; and

(3) A strike or labor action taken against either Party by a local public employee organization under the provisions of Government Code section 3500, et seq. (the Meyers-Milias-Brown Act) that affects either Party’s ability to perform under the Agreement.

“Unincorporated Area” means those portions of the County that are not contained within the juris- dictional boundaries of incorporated cities.

“Waste Disposal Covenant” means the covenants and agreements of City and County set forth in sections 3.1and 3.2 hereof.

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1.2 INTERPRET ATION. In this Agreement, unless the context otherwise requires:

(A) References Hereto. The terms “hereby,” “hereof,” “herein,” “hereunder” and any similar terms refer to this Agreement. The term “hereafter” means after, and the term “heretofore” means before, the Contract Date.

(B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.

(C) Persons. Words importing persons include firms, companies, associations, general partner- ships, limited partnerships, trusts, business trusts, corporations, and other legal entities, including public bodies, as well as individuals.

(D) Headings. The table of contents and any headings preceding the text of the Articles, sections, and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect.

(E) No Third Party Beneficiaries. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or rem- edy.

(F) Applicable Law. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of California.

(G) Conflict with Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflict- ing provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party. In all other cases, the remainder of the Agree- ment shall continue in full force and effect.

(H) Construction. This agreement reflects the contributions of all parties and so the provisions of Civil Code section 1654 will not apply to address and interpret any alleged uncertainty or ambiguity.

(H) Recitals. The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

ARTICLE II

REPRESENT ATIONS AND WARRANTIES

2.1 REPRESENT ATIONS AND WARRANTIES OF CITY. City represents and warrants that:

(A) Existence. City is a municipal corporation validly existing under and the Constitution and laws of the State, and, if applicable, under its charter.

(B) Due Authorization. City has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by City.

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2.2 REPRESENT ATIONS AND WARRANTIES OF THE COUNTY. County represents and warrants that:

(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.

(B) Due Authorization. County has duly authorized the execution and delivery of this Agreement and this Agreement has been duly executed and delivered by the County.

ARTICLE III

DELIVERY AND ACCEPT ANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE

3.1 DELIVERY OF WASTE.

(A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and through- out the Term of this Agreement, City shall exercise all legal and contractual power and authority that it may possess to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith that is not subject to any other agreements or regulations.

(B) Recycled City Acceptable Waste. The Parties hereto acknowledge the responsibility of City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in City to practice source separa- tion, recycling, composting or other materials recovery activities, or to restrict the right of City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in City and delivered to the Disposal System by or on behalf of City that may result from any such source separation or recycling program shall cause City any liability here- under and shall not constitute a breach of this Agreement.

(C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which pro- duces commingled Residue which cannot be traced to a geographic source, generic Residues from such facility in Tonnage equal to the Residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant.

(D) Waste Flow Enforcement. City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by City, City shall pay the County an amount equal to the amount that City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (1.) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) clos- est in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (2.) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to section 7.14).

(E) Waste Information System. City shall cooperate with the Department in collecting infor- mation in order to assure compliance with this Agreement. Such information may include, to the ex- tent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and 110
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disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement.

(F) City Actions Affecting County. City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its cov- enants and agreements with the State. In particular, City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Control- lable Waste or its collection, transportation, transfer, storage, treatment or disposal that may materi- ally and adversely affect the County’s ability to achieve such timely compliance. Notwithstanding the foregoing, City shall not be required to deny any permit or license, or refuse to grant any approval, while exercising its police powers.

(G) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or gener- ated outside the jurisdiction and/or service area of City, nor obligate the County to receive or dispose of any such Acceptable Waste. City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction and/or service area of City to be substituted for Controllable Waste for any purpose hereunder.

(H) Annexations and Restructuring. It is the intention of the Parties that this Agreement and the obligations and rights of City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by City and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of City under Applicable Law.

3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY.

(A) County Disposal Services. In providing Disposal Services, the County shall: (1) provide safe, stable, all weather surfaces for travel ways and tipping areas on County landfill property so that City vehicles will not get stuck or risk tipping over during delivery operations of waste and;(2) provide a gate, scale, travel path, tipping location and exit path at County landfill property that allows for effi- cient unloading of trucks. The County shall also provide City with its safety protocols for the operation of the disposal system that affect City vehicles and drivers.

(B) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System, (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the applicable landfill open for the receipt of waste for disposal of Control- lable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection 111
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therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in comply- ing with the Service Covenant consistent with its responsibilities hereunder and under this Agree- ment, Applicable Law and prudent solid waste management practice and environmental considera- tions.

(C) Reasonable Cooperation. The Parties agree that each is operating a component necessary for City to operate a Municipal Solid Waste System. To this end, the Parties agree to reasonably accom- modate special circumstances within the other’s operations whenever practicable and when such reasonable accommodation will not cause the accommodating Party to bear additional costs.

3.3 COUNTY RIGHT TO REFUSE WASTE.

(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse ac- ceptance of:

(1) Unacceptable Waste;

(2) Controllable Waste delivered at hours other than those provided in section 3.4 hereof;

(3) Waste that does not constitute Controllable Waste.

(B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles delivering material to the Disposal System, and may require that City remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any ve- hicle, or if City is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all rea- sonable measures to prevent waste from being blown or scattered before and during unloading.

(C) Hazardous Waste and Hazardous Substances. The Parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Sub- stances. Neither the County nor City shall countenance or knowingly permit the delivery of Hazard- ous Waste or Hazardous Substances to the Disposal System.

(D) Disposal of Unacceptable Waste. If Unacceptable Waste is discovered in a City vehicle at any landfill within the Disposal System, the driver of City vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law.

Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Law.

3.4 MISCELLANEOUS OPERATIONAL MATTERS.

(A) Operating Time. The County shall keep the Visalia Landfill open for the receiving of Controlla- ble Waste Monday through Friday from 6:00 a.m. to 4:00 p.m. and Saturday 8:00 a.m. to 4:00 p.m. The 112
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County shall keep the Woodville Landfill open for the receiving of Controllable Waste 7 a.m. to 4 p.m.

Monday through Friday and 8 a.m. to 4 p.m. Saturday. Both landfills will be closed on the following holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

(B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Dis- posal System. The Department shall weigh all vehicles delivering waste by or on behalf of City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. Weighing shall include two weights for split trucks as required.

3.5 OTHER USERS OF THE DISPOSAL SYSTEM.

(A) Other City Agreements. The County shall have the right to enter into waste disposal agree- ments with other cities with respect to Acceptable Waste. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In the event a lower Contract Rate is agreed to with any other entity for disposal of Acceptable Waste generated by that entity within Tulare County, the Con- tract Rate provided in this Agreement shall be adjusted to match such lower Contract Rate.

(B) Receipt of Acceptable Waste on a Contract Basis. The County shall have the right to enter into a contract or other agreement with any municipal or private non-County entity for the delivery of Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and City. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from City in accordance with the applicable Disposal Agreements.

(C) Self-Haulers. City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Disposal System, on a non-contract basis, at the Posted Disposal Rate. Such Self- Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate.

ARTICLE IV

CONTRACT RATE

4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE.

City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the Disposal System by City. The Contract Rate shall be calculated and established, and may be modified, as provided in section 4.2 hereof. In addition, City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates.

4.2 CONTRACT RATE.

(A) Establishment of Contract Rate. The Contract Rate payable by City shall be twenty-eight dol- lars ($28) per ton from the Commencement Date through the Term on the Contract, subject to rea- sonable adjustments due to the following:

(1) changed costs incurred by the County due to the occurrence of one or more Uncontrollable Circumstances, and
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(2) adjustments due to changes in costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law.

(B) Special Charges. Notwithstanding section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps, and sludge. Such special charges shall be calculated to reflect the rea- sonable incremental costs to the County of accepting such hard to handle materials, and shall not exceed the posted gate rate for such materials.

(C) Adjustments. In addition to the other adjustments specified herein, the Contract Rate shall only be adjusted in conjunction to a similar adjustment universally applied to the posted gate Rates estab- lished by the County.

(D) Procedure for Rate Adjustments. Beginning July 1, 2025 and annually on each July 1 thereaf- ter during the Term of this Agreement, the County Contract Rate may be adjusted based on the move- ment 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 annual anniversary date of the contract. In no instance shall the price increase exceed 3%. The contract unit price changes as a result of this formula shall be binding on the contractor for the sub- sequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

The initial Contract Rate presented by the County shall be valid until June 30, 2025. The first adjust- ment to the Contract Rate may begin on July 1, 2025. This adjustment may be annually performed by County, and a copy of such computation shall be provided to the County no later than April 1 of each year for the Contract Rate to be effective July 1 of that same year.

In no event shall the Contract Rate be increased by more than three percent (3%) rounded to the nearest whole dollar in any one year nor shall the Rates decrease below zero percent (0%) causing a reduction in current rates. In the event the percentage increase in the Contract Rate in any year ex- ceeds three (3%) such excess shall be carried forward to the next and succeeding years and applied toward a subsequent increase in the Contract Rate, but only to the extent that any percentage increase in the Contract Rate in that later year is less than three percent (3%). This provision shall be effective in this manner, as long as the index mentioned above is published by government authorities in the same form and based on the same type data being used on the Commencement Date of the Agreement and shall be redefined by County in the event of any change in form and/or basis of indices, to a rea- sonably comparable standard. Each adjustment computation by County is hereby incorporated by reference herein.

County shall not be entitled to the automatic pass-through of any new fees that affect the State’s In- tegrated Waste Management fee component of the Contract rate. Any new State or Regulatory fee’s would require universal application to all Rates set by the County and City shall review and approve any such required changes prior to any change being applied to the Contract Rate or any invoices submitted to City, such approval shall not be unreasonably withheld. The adjustment shall be equal to the amount of any new or changed fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any change pursuant to section 4.2(D) as soon as practicable after becoming aware of the imposition of any fees described above.
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County shall give City 30 days advance written notice of any changes to the Contract Rate or any other charges to be imposed upon City under this Agreement. The written notice given by County shall include an explanation of the reasons for the change in charges, provide schedules or computations showing the incremental changes in any charges, and provide City with 10 days to request clarifica- tion or dispute any adjustment to the charges imposed under this Agreement.

(E) Termination in Case of Change in Contract Rate. Notwithstanding any other provision of this contract, City shall have the right to terminate this contract without any further obligation in the event of an increase in the Contract Rate during the term hereof.

4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE.

(A) Payment by City. City shall take all budgetary, appropriation and other action as may be nec- essary to provide for the timely payment of the Contract Rate. Such action may include but are not limited to, depending upon the means authorized by City to provide for such payment, the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. City shall use its best efforts in accordance with Applicable Law to levy and impose all such fees or charges, and will take all steps, actions, and proceedings for the enforcement, collection, and payment of all such amounts that shall become delinquent, to the full extent permitted by Applicable Law.

(B) Disputes. If City disputes any amount billed by the County in any billing statement, City shall pay the undisputed portion of the billed amount and shall provide the County with written objection within thirty (30) days of the receipt of such billing statement indicating the amount that is being disputed and providing all reasons then known to City for any objection to or disagreement with such amount. If City and the County are not able to resolve such dispute within thirty (30) days after City’s objection, either Party may pursue appropriate legal remedies as to the disputed amount. Pending resolution of such dispute, City’s failure to pay the amount in dispute shall not be a breach of this Agreement justifying termination by either Party.

4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rate after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected Parties.

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION

5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this Agreement or any representation made by either Party hereunder is untrue in any material respect, the other Party shall have the right to take any action at law or in equity (including actions for injunc- tive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither Party shall have the right to terminate this Agreement except as provided in section 5.2 and section 5.3 hereof or as oth- erwise provided in this Agreement.

5.2 TERMINATION WITH CAUSE.

(A) This Agreement may be terminated by either Party should the other Party:

(1) Be adjudged a bankrupt, or
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(2) Become insolvent or have a receiver appointed, or

(3) Make a general assignment for the benefit of creditors, or

(4) Suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement, or (5) Materially breach this Agreement.

(B) Effects of Termination: Expiration or termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities.

(C) Suspension of Performance: Independent of any right to terminate this Agreement, the au- thorized representative of County for which City’s services are to be performed, may immediately suspend performance by City, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by City to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

5.3 NO WAIVERS. No action of the County or City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with any term or provision of this Agreement. No course of dealing or delay by the County or City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy.

5.4 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the Parties that all legal ac- tions and proceedings related to this Agreement or to the Disposal System or to any rights or any relationship between the Parties arising therefrom shall be solely and exclusively initiated and main- tained in Tulare County by courts of the State of California having appropriate jurisdiction.

ARTICLE VI
TERM

6.1 EFFECTIVE DATE AND TERM.

(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon City and the County from the Commencement Date and shall continue in full force and effect for one-hundred twenty (120) months, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination.

(B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Par- ties, on or before June 30, 2034, for an additional term of ten (10) years (the “Renewal term”) on the same terms and conditions as are applicable during the Initial Term hereof. There will be two (2) five- year renewal options. Absent renewal, the Agreement shall expire on June 30, 2034.

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3.1(E), 5.1, 5.3, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the Parties hereto accrued prior to the date of such termination or expira- tion. At the end of the Term of this Agreement, all other obligations of the Parties shall terminate.

6.2 COMMENCEMENT DATE. The Commencement Date for the Agreement shall be July 1, 2024.

ARTICLE VII

GENERAL PROVISIONS

7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County, at its cost and ex- pense through the County Solid Waste Enterprise Fund, shall at all times operate, or cause to be op- erated, the Disposal System in accordance with Applicable Law and the operating rules and regula- tions of the Department.

7.2 UNCONTROLLABLE CIRCUMST ANCES GENERALLY.

(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance.

(B) Notice, Mitigation. The Party experiencing an Uncontrollable Circumstance shall notify the other Party by telecommunication or telephone and in writing, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within fifteen (15) days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such Party’s ob- ligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such Party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approxi- mate amount of such cost reductions. Each Party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event, or condition shall occur, the Party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor , reduce costs, and resume performance under this Agreement. While the delay continues, the County or City shall give notice to the other Party, before the first day of each succeeding month, updating the information previously submitted.

(C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to either Party of meeting its obligations hereunder and providing Disposal Services to City or City’s delivery of its Controllable Waste to the Disposal System in accordance here- with, the adversely affected Party shall be entitled to an adjustment in the Contract Rate as provided in section 4.2 herein equal to the amount of the increased cost a result thereof. Any cost reductions achieved through the mitigating measures undertaken by the adversely affected Party pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate would have otherwise been adjusted or shall serve to adjust the Contract Rate to reflect such mitigation measures, as applicable.

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7.3 INDEMNIFICATION.

(A) Indemnification by City. To the fullest extent permitted by law, City shall indemnify, defend and hold harmless the County, its officers, employees, agents, and volunteers ("County indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising out of City's perfor- mance of its obligations under this agreement or out of the operations conducted by City, including the City's active or passive negligence except for such loss or damage arising from the sole negligence or willful misconduct of the County. In the event County indemnitees are made a party to any action, lawsuit or other adversarial proceeding arising from City's performance of this agreement, the City shall provide a defense to the County indemnitees, or at the County's option, reimburse the County indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. City acknowledges the County's legitimate interest in actively participating in any de- fense, litigation, or settlement whether the County or City provides legal counsel. City acknowledges the County's legitimate interest in actively participating in any defense, litigation, or settlement, and shall, as a condition to this indemnity, coordinate fully with the County in the defense.

(B) Indemnification by County. To the fullest extent permitted by law, County shall indemnify, de- fend and hold harmless the City, its officers, employees, agents, and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising out of County's perfor- mance of its obligations under this agreement or out of the operations conducted by County, including the County's active or passive negligence except for such loss or damage arising from the sole negli- gence or willful misconduct of the City. In the event City indemnitees are made a party to any action, lawsuit or other adversarial proceeding arising from County's performance of this agreement, the County shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. County acknowledges the City's legitimate interest in actively participating in any de- fense, litigation, or settlement whether the City or County provides legal counsel. County acknowl- edges the City's legitimate interest in actively participating in any defense, litigation, or settlement, and shall, as a condition to this indemnity, coordinate fully with the City in the defense.

7.4 LIMITED RECOURSE.

(A) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due City hereunder, or the performance of any obligation incurred here- under, including any Loss-and-Expense of any nature arising from the performance or non-perfor- mance of the County’s obligations hereunder. The sole recourse of City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation that may be due hereunder.

(B) To City. No recourse shall be had to the general funds or general credit of City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of City’s obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in City Solid Waste Enterprise Fund in accordance with the terms of this Agreement. City shall make adequate provision in the administration of City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation that may be due hereunder. 119
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7.5 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, re- lease, waive or modify any rights, obligations or liabilities which any Party hereto may have to or against the other Party as of the Commencement Date relating to the disposal of waste in the Disposal System or any other related matter.

7.6 NO VESTED RIGHTS. City shall not acquire any vested property, license or other rights in the Disposal System by reason of this Agreement.

7.7 LIABILITY FOR COLLECTION, TRANSPORT ATION AND PROCESSING. Any liability incurred by City as a result of collecting Acceptable Waste or processing it for diversion from landfill shall be its sole liability, except as expressly otherwise provided herein.

7.8 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended, or waived except by written agreement duly authorized and executed by both Parties.

7.9 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Pro- ceeding to which it is a Party and which questions the validity or enforceability of this Agreement executed by City or the County or any Legal Entitlement issued in connection herewith.

7.10 FURTHER ASSURANCES. At any and all times City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

7.11 ASSIGNMENT OF AGREEMENT. (A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other Party. In such circumstances, the Party not requesting the assignment shall have the right to demand assurances of the financial, technical, and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.

7.12 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.

7.13 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder.

7.14 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.

7.15 DISPUTES AND DISPUTE RESOLUTION: If a dispute arises between the Parties out of or relat- ing to this Agreement, or the breach of the Agreement, then the Parties shall continue with their re- 120
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sponsibilities under this Agreement while attempting in good faith to resolve the dispute. If the dis- pute cannot be settled through negotiation, then the Parties agree first to try in good faith to settle the dispute by non-binding mediation, to be held in Tulare County, California, before resorting to liti- gation or some other dispute resolution procedure, unless the Parties mutually agree otherwise. The Parties must mutually select the mediator who shall be an attorney licensed to practice law in the State of California, or a retired federal or state judge or magistrate, but in case of disagreement, then the Parties will select the mediator by lot from among two nominations provided by each Party. The Parties will split equally all costs and fees required by the mediator; otherwise each Party will bear its own costs of mediation. Mediation will be conducted consistent with California Evidence Code Sections 1115-1128. The mediator shall owe a professional duty to both Parties, and shall be barred from testifying in any litigation concerning any information obtained or disclosed in the course of the mediation. If mediation fails to resolve the dispute within thirty (30) days, or such other time period as the Parties may agree upon, then either Party may pursue litigation to resolve the dispute.

7.16 COUNTERPARTS: The Parties may sign this Agreement in counterparts, each of which is an original and all of which taken together form one single document.

* * * * * * * * * * * * * * * * *

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF VISALIA

By
Leslie Caviglia
City Manager

ATTEST: CITY CLERK

Approved as to Form:

City Attorney

COUNTY OF TULARE

By
Larry Micari
Chair, Board of Supervisors

ATTEST: JASON T . BRITT , County Administra-
tive Officer/Clerk of the Board of Supervisors

By
Deputy Clerk

Approved as to Form
County Counsel

By
Deputy

Matter # 20231102

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AZ/JLK/PCC/2-8-2024/20231102/2117264

122
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0131 Agenda Date: 4/15/2024 Agenda #: 3.

Agenda Item Wording:

Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Pinkham Park to R.E. Schultz Construction for not-to-exceed $298,810.

Deadline for Action: 4/15/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> John Lollis, Assistant City Manager 713-4323; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the installation of new playground equipment at Pinkham Park to R. E. Schultz Construction, Inc. of Orange, CA, in the amount of and not to exceed $298,810.00, per specifications of RFP 23-24-28.

Background Discussion:

At the City of Visalia City Council Work Session on December 20, 2021, the Council approved the appropriation of $29,364,455 from the federal American Rescue Plan Act (ARPA), of which $3,900,000 were appropriated for citywide park improvements. There are several park projects that are slated to be completed with these funds, such as shade structures, arbor replacement, updating park amenities, and park playground replacement. Staff identified six parks that needed playground replacement due to age, vandalism, or the ability to obtain replacement parts. Pinkham Park is the second of the six parks to go through the Request for Proposals (RFP) process.

RFP 23-24-28 was advertised on December 14, 2023, and December 21, 2023, for the design, demolition, and construction of a new play structure within the dimensions of the existing playground fall surfacing area. Two mandatory proposer conferences were conducted on January 3, 2024, and January 4, 2024, during which staff answered questions and toured the playground area with several contractors. Proposals for the RFP were due on January 25, 2024. The City received a total of nine design submissions from six proposers. A selection committee was formed and met on February 14, 2024, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of four City staff members Daryl Tillman, Katrina Bonds, Julia Kirkman, and Zach Huff. These members were selected for the review committee to gain several different perspectives of the submitted designs, from the standpoints of both maintenance and parent with small children.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that was established in RFP 23-24-28. During their review the committee felt that the proposals submitted by Anchor 41 Construction and R. E. Schultz Option 2 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on February 29, 2024, to review the cost for each of the top two designs and concluded that the R. E. Schultz Option 2 design Visalia City Council Printed on 4/12/2024Page 1 of 2
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File #: 24-0131 Agenda Date: 4/15/2024 Agenda #: 3.
proposal best meets the requirements of RFP 23-24-28 and the needs of the community.

Fiscal Impact:

The fiscal impact for RFP 23-24-28, a construction contract for Playground Design & Installation Services at Pinkham Park. is funded by the federal American Rescue Plan Act (ARPA) Fund 642, of which $3,900,000.00 has been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject proposals and solicit another Request for Proposals.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the Playground Structure Replacement Project at Pinkham Park, to R. E.

Schultz Construction, Inc. (RFP 23-24-28) for a not to exceed amount of $298,810.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 23-24-28, RFP 23-24-28 Addendum 1, RFP 23-24-28 Addendum 2, R. E. Schultz Construction, Inc. Proposal, R. E. Schultz Proposal Fee, Evaluation Form.

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CCIITTYY OOFF VVIISSAALLIIAA,, CCAA

RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALLSS
RRFFPP ##2233--2244--2288

PLAYGROUND DESIGN & INSTALLATION SERVICES

AT PINKHAM PARK

DDEESSCCRRIIPPTTIIOONN:: The City of Visalia is seeking proposals from qualified firms to design and i nstall a playground structure at Pinkham Park.

PPRROOPPOOSSEERR Two mandatory conferences have been scheduled for this project. Interested Bidders are CCOONNFFEERREENNCCEE:: required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting will be held on the dates/times below at Pinkham Park, located at 1000 S. Pinkham Street in Visalia, CA.

Wednesday, January 3, 2024 @ 10:00 a.m.

Thursday, January 4, 2024 @ 10:00 a.m.

SSUUBBMMIITTTTAALL One (1) unbound original and four (4 ) copies are due n o later than 2:00 p.m. on DDEEAADDLLIINNEE: Thursday, January 18, 2024.

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

MMAARRKK RFP No. 23-24-28
EENNVVEELLOOPPEE:: Playground Design & Installation Services at Pinkham Park

IINNQQUUIIRRIIEESS::

Direct all questions to the Visalia Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected].

PUBLIC WORKS PROJECT:

Notice is hereby given that this is a Public Works Project. In compliance wit h SB854 and Labor Code Section 1725.5, all contractors, and su bcontractors (including Consultants and Sub -Consultants) bidding and pe rforming work on Public Work s Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner. 125

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) 23-24-28
Playground Design & Installation Services at Pinkham Park

SEALED PROPOSALS will be received by the Purchasing D ivision located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m. on Thursday, January 18, 2024, for Playground Design & Installation Services at Pinkham Park, located at 1000 S. Pinkham Street, Visalia, CA. Interested Proposers must propose on all items included in the specifications.

Two mandatory conferences have been scheduled for this project as follows:

Wednesday, January 3, 2024, and
Thursday, January 4, 2024

Interested Proposers are required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting wil l begin at 10:00 a.m. at Pinkham Park, located at 1000 S. Pinkham Street in Visalia, CA.

PROJECT COMPLETION: Contractor shall order playground equipment and shade structure within ten (10) days of receiving the Notice to Proceed and complete the project w ithin forty-five (45) working days after equipment has been delivered.

REQUIRED BONDS: Awarded Contractor shall be re quired to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for t he full, complete and faithful performance of the agreement. In addition, Awarded Contractor shall be required to furnish a Labor and Materials Bond in the amount of one hundred percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.

LICENSE REQUIREMENTS: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class D-34 Contractor’s license (minimum). See Section III for additional Department of Indust rial Relations Requirements applicable to this project.

PROJECT BUDGE T/ENGINEER’S ESTIMATE : The City of Visalia does not provide an Engineer’s Estimate, however the total approved budget for th is project is approximately $200,000 which is an estimate of the total project delivery costs. This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are Am erican Rescue Plan Act Funds (ARPA). Proposals are required for the entire work.

TO OBTAIN SPECIFIC ATIONS AND BID DOCUMENTS: Electronic versions of plans, bid forms , and oth er contract documents may b e requested from the office of the Purchasing Divisi on by calling (559) 713 -4334, or by emailing your request to: [email protected]. If documents do not exceed the email file size capacity, they will be emailed to requestors, otherwise a USB drive containi ng the documents will be sent via U.S. mail free of charge.

If documents are requested to be shipped o vernight via Fed -ex, the Contractor is responsible for all shipping charges incurred and wil l be bill ed by the shipping company directly. Documents are also available at various builders’ exchanges.

QUESTIONS: Direct questions regarding this Project to the Purchasing Department, at (559) 713 -4334 or email:
[email protected], Questions must be received by 4:00 p.m. on Thursday, January 11, 2024.

PUBLIC WORKS CONTRACT: Notice is hereby given that this is a Publi c Works Project. Bidders/Contractors must be registe red with the California Departme nt of Ind ustrial Relations (DIR). In addition, contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC sectio n 1725.5 to be qualified to bid, be listed in a bid propos al, or perform any public w ork for the City. Proof of registration for each contractor and subcontractor is required to bid.

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This project will be subject to all applicable State and Federal Wage Determinations for all trades. The wages are set forth in the General P revailing Wage Rate s for thi s project, available at City of Visalia address and available from the following website links: http://www.dir.ca.gov/dlsr/PWD/index.htm and http://www.wdol.gov/dba.aspx#0.

Contractor must comply wit h al l St ate a nd Fed eral regulatio ns applicable to this contract, including prevailing wages. Prevailing wages paid shall be the higher of the two agencies (State & Federal).

Awarded Contractor will be required to furnish electronic payroll records for project to the Labor Commissioner. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

THE CITY HEREBY AFFIRMATIVELY ENSURES that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit pro posals in response to this notice. Individuals and/or entities su bmitting bids/propo sals to the City of Visalia w ill not be disc riminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medica l condition, genetic information, marital status, gender, gender identity or ex pression, age, sexual orientation, or military an d veteran status i n any consideration leading to the award of contract.

The right is reserved by the City of Visali a to reject any or all prop osals, to waive any irregularities or informalitie s not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal w hich best serves the interests of said City.

Publish Dates: December 14, 2023
December 21, 2023

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TABLE OF CONTENTS
Title Page

I. Definitions .................................................................................................................................... 6 II. Introduction ................................................................................................................................. 6 A. Information ....................................................................................................................... 6 B. Purpose, Objective, and Services to be Provided ........................................................... 7 C. RFP/Agreement Schedule ............................................................................................... 7 III. Scope of Services ....................................................................................................................... 7 A. Required Product ............................................................................................................. 7 B. Services of the Consultant ............................................................................................... 8 C. Consultant Responsibilities .............................................................................................. 8 D. City Responsibilities ......................................................................................................... 9 IV. Proposal Content and Format Requirements .......................................................................... 9 A. General Information ......................................................................................................... 9 B. Proposed Project Approach ............................................................................................. 9 C. Staff Qualifications and Related Experience ................................................................. 10 D. Proposed Fee Structure and Schedules ........................................................................ 10 E. Required Forms ............................................................................................................. 11 V. Consultant Selection Procedure ............................................................................................. 11 A. Criteria and Evaluation Points ........................................................................................ 11 B. Background Check ......................................................................................................... 12 C. Award of Contract .......................................................................................................... 12 VI. General Conditions ................................................................................................................... 12 A. Important Notice ............................................................................................................ 12 B. Contracting Agency ....................................................................................................... 12 C. Legal Responsibilities ................................................................................................... 12 D. Insurance ...................................................................................................................... 13 VII. Examination of Contract Requirements and Acceptance of Proposal Content ................. 14 A. Withdrawal of Proposals ................................................................................................ 14 B. Rejection of Proposals ................................................................................................... 14 C. Evaluation/Award of Contract ........................................................................................ 15 D. Proposal Pricing Guidelines ........................................................................................... 16 E. Assignment of Contract .................................................................................................. 16 F. Right To Require Performance ...................................................................................... 16 G. Ethics in Public Contracting ........................................................................................... 16 H. Equal Employment Opportunity ..................................................................................... 16 I. Venue ............................................................................................................................. 17 J. Proprietary Information .................................................................................................. 17 K. Incurring Costs ............................................................................................................... 17 L. Firearms Prohibited ........................................................................................................ 17 M. Russia Sanctions ........................................................................................................... 17 VIII. Measurement and Payment ..................................................................................................... 17 A. Billing and Payments...................................................................................................... 17 IX. Special Conditions Applicable to this Public Works Contract ............................................. 18 A. Department of Industrial Relations Requirements ......................................................... 18 B. City of Visalia Labor Compliance Manual ...................................................................... 18 C. Bonds ............................................................................................................................. 18 D. Project Administrative Issues ......................................................................................... 18 Complete Project ..................................................................................................... 18 Quantities/Change Orders ....................................................................................... 18 Omitted Items .......................................................................................................... 19 Extra Work ............................................................................................................... 19 Removal of Obstructions ......................................................................................... 19 Clean Up .................................................................................................................. 19 E. City-Contractor Relations ............................................................................................... 19 Project Manager’s Responsibility and Authority ...................................................... 19 Contractor/Contractor’s Superintendent .................................................................. 20 Project Site/Existing Utilities and Structures ........................................................... 20 128

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Signs, Barricades and Notice .................................................................................. 20 Labor (workmanship, qualification) .......................................................................... 20 Control of Materials ................................................................................................. 20 Storage of Materials ................................................................................................ 20 Materials and Shop Drawing Submittals ................................................................. 20 Forms (Must be completed and submitted with Proposal)
Contractor’s Information ................................................................................................................... 21 Contractor’s References .................................................................................................................. 22 Subcontractor Information ................................................................................................................ 23 Ownership Disclosure ...................................................................................................................... 24 Signature Page ........................................................................................................................... 25-26 Bidder’s Bond Form ......................................................................................................................... 27 Federal and State Requirements ..................................................................................................... 28 Acknowledgement ............................................................................................................................ 41 Attachments
Sample Contract .............................................................................................................................. 42 Sample Contractor’s Affidavit ........................................................................................................... 48

Exhibits Attached Separately
D-1. City of Visalia Labor Compliance Manual
D-2. Federal and State Prevailing Wage Determinations D-3. Site Maps

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II.. DDEEFFIINNIITTIIOONNSS
For the purposes of this RFP NO. 23-24-28, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

3. "Bidder", "Vendor", " Supplier", “Consultant”, “Contractor” and “ Subrecipient” are used interchangeably throughout th is invitati on to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” ar e used inte rchangeably to mean an ind ividual’s or entit y’s offer in response to this Request for Proposal.

5. “RFP” means Request for Proposal No. 23-24-28

IIII.. IINNTTRROODDUUCCTTIIOONN

A. Information
The City of V isalia is r equesting proposals from qualified firms to provide the design and installation of new playground equipment and safety inspection for one (1) playground structure at Pinkham Park located at 1000 S. Pinkham Street in Visalia, CA.

This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treas ury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).

Plans & Specifications: An electronic version (flash dr ive) of the Plans and Specifications may be obtained free of charge at the Purchasing Division, 707 W. A cequia Street, Visalia, California, or by calli ng (559) 713- 4334, or emailing your request to [email protected]. Flash drives will be mailed out in U.S. Mail. If plans and specifications are requested to be shipped overnight, the Contractor will be respon sible for all shipping charges incurred and will be billed by the shipping company directly.

Prevailing Wages: Under the requirements of Labor Code section 1782 passe d by S B7 and in compliance with City of Visalia Ordinance 2014 -13, this public works project is subject to Federal and State prevailing wages as specified in this document and attachments.

This pro ject is being funded with federal funds and is subject to th e payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the state and federal wage rates is enclosed.

This project is subject to the payment of State or Federal wage rates, whichever rate is higher.

Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this proposal for updates. If changes are made, these will be inclu ded as an addendum to this proposal request.

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Bus iness and Professions Code and has a current minimum of a Class D-34 Prefabricated Equipment Contr actor’s license. See Section III for ad ditional Department of Industrial Relations Requirements applicable to this project.

Use of Subco ntractors: Your proposal may include su bcontractors and you should clearly d elineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid.

This Requ est for Proposals is being issued by t he City of Vis alia Purchasing Department on behalf of the Parks Maintenance Division. Unles s otherwise d irected, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713 -4334. However, to prevent misinterpretations, the P urchasing Division would prefer that all questions be se nt by email to [email protected].

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Any revisions to the Request for Pro posals will be issued and distributed as addenda. Proposers are specifically direct ed not to contact any other City personnel for meetings, c onferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for r ejection of proposals.

B. Purpose, Objective and Services to be Provided

Visalia is located east of State Highway 99 an d along State Highway 198. The Ci ty’s populati on is approximately 1 40,000. Its inco rporated ar ea cov ers approxi mately 36 squar e miles. The purpose of this project contract is to provide the City of Visalia with the highest quality playground structure expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with the Project Manager and other City staff to ensure the most durable, playable, and unique playground design for the City of Visalia, its residents, and visitors.

C. RFP/Agreement Schedule

Event Date of Event

RFP Available to the public .............................................................................................. 12/14/2023 Proposer Conference #1 at 1000 S. Pinkham Street at 10:00 a.m. .................................... 1/3/2024 Proposer Conference #2 at 1000 S. Pinkham Street at 10:00 a.m. .................................... 1/4/2024 Deadline for Questions @ 4:00 p.m. .................................................................................. 1/11/2024 RFP due at 2:00 pm at 707 W. Acequia ............................................................................ 1/18/2024 Short list established and vendors notified .................................................................. January 2024 Interviews/Presentations with short-listed vendors (if required) ................................................. TBD Award of Contract @ City Council Meeting ................................................................ February 2024 Contract Begins ........................................................................... upon contract being fully executed

Italicized items and dates are at the City’s o ption. The City reserves the right to award contract solely on t he basis of proposal content.

IIIIII.. SSCCOOPPEE OOFF SSEERRVVIICCEESS

A. Required Products

Pinkham Park Playground Design
Work is to include:
• The demolition and removal of the existing playground structure. • Design of a 5 to 12 age-appropriate play system within the constr ucted play area boundaries, with minimal to no alterations to existing concrete curbs, equipment footings, landing mats. • Design of a free-standing sail type shade struc ture to p rovide maximum cove rage over entire playground structure.
• A minimum of twelve (12) inches of wood fiber fall zone material installed. • Installation of all playground equipment and shade structure. • Certified safet y inspection of completed p layground structure . This project will be t he fina l turnkey step in completing the overall Pinkham Park Playground Replacement Project.

Playground Suppliers shall submit a maximum of (2) two designs per age-appropriate playground.

The City of Visalia requires Suppliers to design a play system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards a nd ADA requiremen ts. The p roposals shall include the cost o f play s ystems, shade struc ture design and cost , inclusive of the equipment st ructures, detailed technical i nstallation instructions and maintenance & operations manuals from manufacturer.

The City of Visalia shall be exempt for any lia bility for costs i ncurred by unsuccessful Proposers Suppliers in preparation of the proposal.
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B. Services of the Consultant

The City of Vi salia will requi re the consultant to perform the tasks detailed below and in the In troductory Section so tha t the contract will be c ompleted by the end of the forty-five (45) day contract period for the Project.

Awarded Cons ultant will be required to obtain from th e City ’s Building Service s Di vision (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost of the building permit however it is the Awarded Consultant’s responsibility to obtain it.

This is a public works contract and therefore, the Awarded Consultant will be responsible for paying State and Federal prevailing wages for any tr ade performed t hat has a designated wage rate. Furthe r, the Awarded Consultant will be responsible for uploading certified payroll to the Lab or Commissioner and provide the City of Visalia pr oject ma nager with Contractor’s affidavit that labor codes were followed, and pre vailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is attached to the Sample Contract included with this RFP.

Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (Exhibit D-1) which is made a part of this RFP and subsequent contract/s.

C. Consultant Responsibilities

DESIGN ELEMENT GUIDELINES & PLAY SYSTEM SPECIFICATIONS
Suppliers should ba se their playground equipment designs o n meeting all accessibility and safety standards as well as the guidelines & s pecifications li sted in this RFP. Qua lity o f e quipment components, quality of design, play value, cost and appropriate ness to location and target demographic must be taken into consideration and stay within budget in the design, demo, and construction and inspection of the play system.

The budget for this project is $200,000.

Pinkham Park 5 to 12 Playground Dimensions for Fall Surface: 90’ x 9 2’ Diameter Approximate Perimeter.

Required Items:

1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.

2. Play systems shall NOT be constructed solely of composite materials.

3. Play system must in clude the removal and disposal of existing engineered wood fiber surfacing and installation of engineered wood fiber at a m inimum depth of (12) twelve inches over the entire play area.

4. Play system must include wear mats for all equipment as appropriate.

5. Add additional free-standing sail type shade stru cture to p rovide m aximum coverage ove r entire playground structure.

6. A Playground Safety Inspection be performed by a Certified Playground Inspector to ensure the playground is in compliance with all CPSC safety requirements. Report must be submitted to the project manager upon completion of the project.

Play System Features in Priority Order:

7. Provide a minimum of one structure designed for ages 5 to 12.

Preferred Play System Qualities:

8. All play sy stem elements must demonstra te the high est level of durability in materials and f inishes selected in consideration of child health and safety.

9. Structures should provide a variety of built-in activity panels and climbers.

10. Play system shall use forest green, tan and chocolate brown as primary colors.

In t he proposal, provide a list of the comp onents proposed for the Pinkham Park play system. Include structure and co mponent model numbe rs, materials, co lor choices a nd recom mendations, pr otective are a 132

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requirements, target ag e ranges and developme nt le vels, target play ty pe or act ivity, est imated lifetime of equipment including manufactures warranty and any other relevant descriptive information.

Play system design shall safely fit in the playground area as shown on the site plans in Exhibit D-3. Suppliers are encouraged to be creati ve in their designs and to ma ximize the role of unstructured play in the ir proposals. Suppliers may submit pro posals from n on-traditional type play ground structu res, if desir ed, in whole or as components of the overall playground.

D. City Responsibilities

• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will represent the City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine d ocuments submi tted to the C ity by the Cons ultant and timel y render deci sions pertaining thereto.
• Give reasonably prompt consideration to all matters su bmitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work. • City will pay for the cost of the City Building Permit, but the Awarded Consultant is responsible for obtaining the permit from the City’s Buildings Division.

IIVV.. PPRROOPPOOSSAALL CCOONNTTEENNTT AANNDD FFOORRMMAATT RREEQQUUIIRREEMMEENNTTSS

The following are proposal requirements. Respondents are requested to organize their proposal i nto sections with tabs corresponding to the li sted selection criteria as follows. You must answer the following questions in the same s equence as below. A screening committee will e valuate the completeness of the response to the RFP.

A. General Information
• Cover letter referencing firm name, address, telephone number and email address. • Account Rep resentative or other person to cont act fo r clarification of an y item co ntained in the proposal. Include telephone number and email address if different from above. • Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person must be identified. • Specify type of organization (individual, partnership, or corporation) and if applicable indicate whether you are:
o Small Business.
o Disadvantaged Business.
o Minority and/or Women-Owned Business.

• Complete and submit the required forms included in this document. • Provide sur ety information for a ll sureti es – General and Aut omobile Liabil ity, Professional Liability E/O and Worker’s Compensation.
• References and Referrals

B. Proposed Project & Detail Regarding Project

Summarize your approach and understanding of the project and any s pecial considerations of which the City of Visalia should be aware. Clearly indicate the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.

Exceptions to the requirements of the RFP should be clearly delineated in this section.

In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The in formation in this s ection will aid t he City in the refine ment of the sc ope of work dur ing contract negotiations.

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C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section shoul d demonstrate the qualifications o f all pro fessional personnel to be assigned to t his project by pr oviding resume s/experience summaries describing their education, cre dentials, r elated experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.

If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section . Detailed informati on for each s ubcontractor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience
Include descript ive infor mation con cerning the experien ce of th e fir m. Include i nformation about previous projects that might be comparable, includ ing the size and ty pe of projects and t he s cope of services provided. These projects mu st de monstrate that the consultant ha s experi ence in des igning systems with multi us e fun ctions effective ly blended int o neigh borhood design. In add ition, provide references for the three (3) mo st comparable projects for which your firm has pr ovided, or currently is providing, similar services in the past three years.

List the projects in reverse chronological order and provide the following information for each project:

Indicate for each of these projects:
• Name of project or playground
• Project location (address)
• Brief description (type of construction, functional components, special design considerations) • Name of owner/entity
• Owner's contact person and telephone number
• Your firm's specific involvement (i.e., engineer, construction contractor, etc.) • The total contract amount awarded vs the final contract amount at end of project. • Status of completion

D. Proposed Fee Structure
A Proposed Fee Structure and S chedule shall be provided as par t of the RFP submitta l under separate , sealed cover. One (1) original Fee Structure and Schedule are required, no additional copies are needed.

Provide proposed fees, cost information, and recommend a b udget plan for al l services to be provided in the following format:

1. Proposers should review the requirements of this RFP and a ddress all services in this fee sc hedule that might reasonably be e xpected to support the project. Indicate how the City wil l be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down to include type of service and unit s of work or other a pplicable measure (for example, staff hours at a certain rate).

Proposers should endeavor to provide a comp rehensive, fee schedule for the project, as the City will not include compensation in the contract for items not addressed.

• Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.

• Clearly iden tify all costs for Tasks re lated to each project for wh ich a proposal is b eing submitted.

• Clearly identify all trades to be performed and the corresponding State and Federal prevailing wage det erminations for same. T he Awarded Contractor will be responsib le for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project m anager with an affida vit that labor codes and p revailing wage rat es were paid. The affidavit must be submitted to the City Project Manager prior to final payment.

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2. The fee proposal submitted under separate, sealed cover, a long with the prop osed project approach, will be used as a basis for any contract negotiations. The actual scope of serv ices and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. Required Forms

• Several forms have been included in this RFP document that mu st be completed and return ed with your proposal, (pages 21-41).

VV.. CCOONNSSUULLTTAANNTT SSEELLEECCTTIIOONN PPRROOCCEEDDUURREE

Selection of the successful proposal shall be gen erally based o n the informati on provided by the Vendors in response to the Request for Pro posals and any subsequent in terviews that may be condu cted. Consultant interviews will be held solely at the option and di scretion of the City of Visalia. The process for selection shall occur in the following sequence:

a. STEP ONE: Review Proposals
b. Identify Top 2 candidates based on qualifications & project design c. Interview “short-listed” firms (at the option and discretion of the City) d. STEP TWO: Review fees for Top 2 candidates based on proposal submittal and re-evaluate taking price into consideration
e. Award contract

A project Selection Committee, as deemed necess ary, will be formed to eval uate the proposals and to make recommendation to the Visalia C ity Coun cil. This committe e may consist of representatives of the user department, memb ers of the comm unity, members of the C ouncil, and may include a representative knowledgeable in playground systems from outs ide of the community. Names of th e Comm ittee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure co nformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a contractor based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel respons ible for fulfillin g the requirements of the project shall be required to be present for the interview.

A. Criteria and Evaluation Points
The Committee will address t he following c riteria in evaluation of proposals in order to g auge the ability of a contractor to perform the services as specified. Th e same genera l criteria will be used to judge both t he proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Criteria: STEP ONE Max Points

1. Proposal addresses design guidelines and specifications 25

2. Quality of design, play value and target demographic 20

3. Quality and durability of equipment 20

4. Uniqueness of Equipment 15

5. Reputation and reliability of manufacturer 10

6. Overall quality of Proposal 10
Maximum Points: 100

Criteria: STEP TWO Max Points

1. Fee evaluation based on proposal submittal 10

Prior to the award of contract, the City must be assured that the proposer selected has all resources required to successful ly perform under the contract. This includes, but is not li mited to, personnel wi th the s kills required, equipment/materials and financial resource s sufficient to pr ovide services c alled for under t his contract. If during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contrac t if awarded, the City has the opti on of requesting from the prop oser, any infor mation that 135

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the Cit y deems n ecessary to deter mine the proposer’s ca pabilities. If such informa tion is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the busi ness community. By submitting a pr oposal to the Cit y, the pr oposer consents to suc h an inquiry and agrees to make av ailable to the City such boo ks and re cords as the Ci ty deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP t o alert proposers to the p rovisions generally foun d in Ci ty contracts. The Draft Agreement may be alter ed from the enc losed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that th e Final Agreement will duplicate the enclosed Draft Agreement.

VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS
A. Important Notice
The City of Visalia will not be responsible for oral interp retations given by any City em ployee, representative, or o thers. Proposers are caution ed that a ny statements mad e that ma terially change an y portion of t he proposal documents s hall not be relied upon unless subsequently ratified by a form al written amendm ent to the proposal document. The issuance of a written ad dendum is t he only official method whe reby interpretation, clarification, or addit ional information can be given. If an y addenda are issued to this Request for Proposals, the City will attempt to no tify all prospective vendors w ho have secured s ame. However, it will be the responsibility of ea ch vendor, prior to submitting t heir proposa l, to contact the Purchasing Division , located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal
B. Contracting Agency
The contract resulting from this Request for Propo sals will be administered by the City of Vis alia Community Services Department and the Visalia Purchasing Division.

C. Legal Responsibilities
It is the re sponsibility of Contractor to c omply with all loc al, state, and federal laws and regu lations which apply to this pro ject. This includes, but is n ot limited to, c ompliance with Uniform Bu ilding, Plu mbing, Mechanical, Electric, a nd Fire Codes. Contractor s hall pro vide a safe working env ironment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.

Contractor shall s ecure all necessar y permi ts, licenses, and similar re quirements to carry out the project.

Contractor shall comply with all applicable labor laws and ensure against discrimination.

1. Business Tax Certificate
Possession of a City of V isalia B usiness Tax Certificate is not requir ed to submit a propos al in response to this invitation. However, Contractor shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing wor k. For additional information, please contact the City of Visalia at (559) 713-4326 or email [email protected].

2. Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.

3. Permits
Consultant shall b e re quired t o o btain and maintain a t his/he r own expense, any and all per mits, licenses and certifications iss ued by any federal, st ate or local governmental agency, pertaining to, 136

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and necessary for providing the services required in this Request for Proposals. However, the City of Visalia will pay the cost of the Building Permit, but the Awarded Contractor must o btain the permit from the City of Visalia Buildings Division.

D. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its ele cted and ap pointed off icers, employees, and C ITY designate d volunteers from a nd against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omissions in t he performance of his/ her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

CITY agrees to indemn ify and hold harmless VENDOR, its office rs, e mployees, a nd designated volun teers from and against any and al l losses, d efense costs, liability or consequ ential damages to the extent ari sing out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to tho se acts or om issions normally co vered by general and a utomobile lia bility insurance, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against a ny and all claims, demands, defense costs, liability, or consequential damages of any k ind or nature arising ou t of or in connection with Vendor’s (or Vendor’s subcontractors, i f any) performance o r failure to pe rform, u nder th e terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY ’s right to indemnifi cation, it is agree d that VENDOR shall secure prior to commencing any activities under this Agreement, and ma intain during the term of this Agree ment, insurance cov erage as follows:

• Workers’ Compensation insurance as required by California statutes.

• Commercial general lia bility insurance with a combined si ngle l imit o f not l ess than One Million Dollars ($1,000,000) p er occurrence. Such insuranc e shall include cov erage fo r Premises and Operations, Contractual Li ability, Personal Inju ry Liability, Product s and C ompleted Ope rations Liability, Broad Form Prope rty Da mage ( if applicable), Indep endent Cont ractor’s Li ability (if applicable).

• Professional Liability insura nce cove rage, in an am ount not less than One Million Dollars ($1,000,000).

• Comprehensive Automo bile Liability coverage with a combined single lim it of not less than 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 Agreement shall contain the following clause:

“This insurance shall not be canceled, li mited in sco pe or coverage, or non-renewed until after thirty (30) days prior writt en no tice has be en given to the City of Visa lia, Purchasing Division, 707 W .

Acequia, Visalia, CA 93291, with the excep tion of cancellation for n on-payment of premium, in wh ich case ten (10) days’ notice shall be given.”

In ad dition, the Commercial general liability polic y required by this Agreement shall contain the following clauses:

“It is agree d that any insurance mai ntained by the Cit y of Visa lia shall apply in excess of and not contribute with insurance provided by this policy.”

“The Ci ty o f Visalia, its officers, agents, emp loyees, representa tives and volu nteers are added as additional insured as respects operation s and activities of, or on behalf of the named insure d, performed under contract with the City of Visalia.”
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The s uccessful bidder shall m aintain the insura nce for the life of the co ntract. Endor sements are to be received and approved by the City before w ork commences. Sho uld Consultant cease to have insur ance as required during any time, all wo rk by Consultant pursuant to th is a greement s hall cease unti l i nsurance acceptable to the City is provided.

In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insur ance and deduc t and retain the amount of the premi ums for such insurance f rom any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with th e requirements hereof; or

3. Terminate this Agreement.

VVIIII.. EEXXAAMMIINNAATTIIOONN OOFF CCOONNTTRRAACCTT RREEQQUUIIRREEMMEENNTTSS AANNDD AACCCCEEPPTTAANNCCEE

OOFF PPRROOPPOOSSAALL CCOONNTTEENNTT

Before submitting a proposa l, prop osers must satisfy themselves by personal examination of the pr oposal requirements and other contract documents, and by any other mean s as they may believe nec essary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.

The subm ission of a propos al shall be considered conclusi ve ev idence that the prop oser has caref ully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the req uirements of t he p roposal. Subm ission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed i n the work.

No proposer shall at any time after submiss ion of a propo sal make any claim or assertion that there was any misunderstanding or lack of information regarding the natu re or amount of work necessary for satisfactory performance under the contrac t. If the proposer receives an award as a result of this Request for P roposals, failure to have m ade such investigations a nd ex aminations wi ll in no way reliev e the propos er from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignoranc e of such cond itions and requir ements be accepted as a basi s for c laim whatsoever by the proposer for additional compensati on. Any errors, omis sions, or discrepancies found in the speci fications or other contract documents sh all be called to the attention of the City an d clarified prior to the su bmission of proposals.

Should the proposer feel there has bee n a suppleme ntal or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the s uccessful proposer shall become contractual obligations if procurement action ensues. Failur e to a ccept these ob ligations in a contractual agreement shall result in canc ellation of award.

A. Withdrawal of Proposals
Any proposal may be withdr awn a t any time pr ior to th e time fixed in the public notice f or the re ceipt o f proposals, only by wri tten request for the withdr awal of the proposal filed wi th the Purc hasing Division. T he request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposa l. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; t o waive any requirements, both the City's and tho se propo sed by the vendor; to waive any ir regularities o r informali ties in any propos al or th e RFP process when it is in the best interest of the City to do so; to negotiat e for th e modification of an y proposal 138

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with mutual consent of the proposer; to re -advertise for proposals, if desired; to sit and act as so le judge of the merit and qual ifications of the service offered and; to evaluate in it s absolute d iscretion, the prop osal of each vendor, so as to selec t the vendor which best serves the requirements of the City, thus insuring that the best in terest of the City will b e s erved. Proposer ’s past performance and the C ity's a ssurance that each proposer will provide service as proposal, will be taken int o consi deration when pro posals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the prop oser will fu rnish to the City a ll such information and data for th is purpose as the City may request. T he City rese rves the right to reject a ny proposal if the evidence su bmitted by, or investigation of, such proposer fails to satisfy the City that such pr oposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previousl y failed to per form properly, or comple te on time, cont racts of a similar nature. Any material misrepresentation or m aterial falsification of informatio n pro vided to the City i n the propose r’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event the misrepresentation or falsification is not discovered until after any agreement is awarded, the agree ment may be termin ated at t hat ti me. A determina tion as to whe ther a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.

C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on th e information called for in this RFP. Bro chures or other promotional presentations beyond that sufficie nt to submit a complete and effective propo sal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluate d by a Selectio n Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value , whether quantitati vely identi fiable or not, inclu ding, b ut not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.

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

1. Proposer is an independent contractor, not an employee, agent or officer of the City.

2. Contract, should it be award ed, shall be interpr eted, const rued, and given effe ct in a ll respects according to the laws of the State of California.

3. Should proposer be awarde d contract, proposer shall not assign contract, or any part thereof, or an y moneys due or to become due thereunder, without prior consent of the City.

4. Proposer shall indemnify and hold harm less the City, its off icers, officials, employ ees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omis sion of t he proposer , its consu ltants, subcontractor, anyone directly or indire ctly em ployed by any of them, or anyone for who se acts any of them may be liable, except where ca used by the active negligence, sole negligence, or willful misconduct by the City.

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

6. Proposer warrants th at no g ratuities, in the for m of gi fts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination co ncerning the performance of the contract. For breac h or violation of this war ranty, the City sh all have the r ight to terminate the contract either in w hole or in part. T he rights and remedies of the City p rovided in this clau se shall no t be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 139

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Visalia City CouncilApril 15, 2024

Visalia City Council
April 15, 2024