Agenda packet — Visalia City Council, November 18, 2024 (part 10 of 10)

City of Visalia RFP No. 24-25-04
Uninterruptible Power Supply (UPS) Refresh
This Agreement, entered into and effective this ______ day of _______, 2024, by and between the City of Visalia, hereinafter referred to as the “CITY”, and GigaKOM Corp. hereinafter referred to as the “VENDOR”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, VENDOR is a Corporation (insert individual or entity type), with a primary business address of 9245 Activity Road, Suite 105, San Diego, CA 92126 and EIN: 50-0026417; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires Uninterrupted Power Supply (UPS) Battery Back Up Systems, as evidenced by RFP No. 24-25-04, Uninterruptible Power Supply Refresh; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR to provide product specified in RFP 24-25-04; and

WHEREAS, VENDOR represents it is licensed, qualified and willing to provide the product pursuant to terms and conditions of this Agreement,
NOW, THEREFORE, CITY and VENDOR agree as follows:

1. TERM:

The term of this Agreement shall commence upon issuance of a Purchase Order and expire upon City’s payment to vendor in full.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 City of Visalia RFP 24-25-04, Unterruptible Power Supply (UPS) Refresh Attachment 3 Vendor’s proposal in response to RFP No. 24-25-04 Attachment 4 Quote

3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:

VENDOR shall provide the following services for the stated compensation (“Scope of Services”):

A. The VENDOR agrees to provide product as described in the Specifications of RFP 24-25-04, for the cost identified in Attachment 4 of this Agreement.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
City to inspect product for any damage during shipping Within 10 days of delivery 1805
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5. COMPENSATION:

CITY shall pay VENDOR compensation for product requested; however, CITY shall pay not more than the following amount under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY after inspection of product by City staff and receipt of approved invoice.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

VENDOR
Dated: ________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: _________________ By:______________________________________________________ City Manager

Dated: _________________ By:______________________________________________________ City Attorney

Dated: _________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: _________________ By:______________________________________________________ City of Visalia Project Manager
Cost $189,703.94
Source of Funds: ARPA (Federal Funds)
Payment Schedule: Within 30 days from receipt of approved invoice and inspection of product. 1806
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Attachment 1

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA GigaKom Corporation
707 W. Acequia Ave. 9245 Activity Road, Suite 105
Visalia, CA 93291 San Diego, CA 92126
Attention: City Clerk Attention: Hadi Nasr
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California.

Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.

3. WARRANTIES: Warranties required by this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults 1807
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and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 1808
Customer CITY OF VISALIA Date 11/12/2024
Quote # H11350SA
School Site Product SKU # Mftr Product Description Qty Price Extended Tax Amount Total

CITY OF
VISALIA SBP6KRMT2U APC APC Service Bypass Panel - Bypass switch ( rack-mountable ) - AC 200/208/240 V - 3 output connector(s) - 2 U - 19 inch 4 $892.30 $ 3,569.20 $303.38 $ 3,872.58

CITY OF
VISALIA SRT6KRMXLT APC
APC Smart-UPS On-Line,6000 Watts /6000 VA,Input 208V
/Output 208V, Interface Port Contact Closure, RJ-45 10/100 Base-T, RJ-45 Serial, Smart-Slot, USB, Extended runtime model, Rack Height 4 U
4 $5,789.74 $ 23,158.96 $1,968.51 $ 25,127.47

CITY OF
VISALIA APDU9941 APC APC Rack PDU 9000 Switched, ZeroU, 30A, 200/208V, (21) C13 & (3) C19 8 $1,170.06 $ 9,360.48 $795.64 $ 10,156.12

CITY OF
VISALIA SMX750CNC APC APC Smart UPS X 750VA Rack Tower LCD 120V 8 $978.31 $ 7,826.48 $665.25 $ 8,491.73

CITY OF
VISALIA SMTL1500RM3UCNC APC APC Smart-UPS Lithium-ion 1500VA Short Depth 120V Network Card 55 $2,165.39 $ 119,096.45 $10,123.20 $ 129,219.65

CITY OF
VISALIA SFTWES100-DIGI APC EcoStruxure IT Expert Access for 100 nodes 1 $4,220.16 $ 4,220.16 $0.00 $ 4,220.16

CITY OF
VISALIA SRT192RMBP APC APC Smart-UPS SRT 192V 5kVA and 6kVA RM Battery Pack - SRT192RMBP - UPS - 6000VA - Black - 2 Year Warranty 4 $1,276.34 $ 5,105.36 $433.96 $ 5,539.32

CITY OF
VISALIA SRTRK3 APC APC 2-Post Mounting Rail Kit for Smart-UPS SRT 6 $212.54 $ 1,275.24 $108.40 $ 1,383.64 $173,612.33 $14,398.33 $188,010.66
$1,693.28
$189,703.94

1. All areas of Hand holes/ maintenance holes and conduit pathways must be provided and accessible at time of work.

2. Work shall be performed during normal business hours unless specified in the contact SOW. Additional charges for after hour/holiday work might apply

3. Parking on site shall be provided by the client at no cost to GigaKOM.

4. Client will provide free and clear access to all working areas.

5. An onsite contact and access must be provided to GigaKOM prior to job site arrival.

6. Any down time resulting from the lack of access or client-required information, equipment is not the responsibly of GigaKOM and is billable.

7. A $250 fee will be billed to client for missed appointments, or site not ready for installation. Also, $150 will be billed for additional dispatch.

8. Project performance and payment bond might not be included in the price; if requested, they will be added as a line item on the total awarded amount.

9. Shipping is dock-to-dock to a single location.

All sales are final. Exceptions may be considered if a return request is submitted to GigaKOM within 20 days of the order confirmation.

Any changes to the order as described above may result in a price change. Additionally, removing any labor will incur a 15% penalty on the total labor cost.

THANK YOU FOR YOUR BUSINESS
QUOTE
9245 Activity Road, Ste 105
San Diego, CA 92126
Line Items Total
Shipping: Dock to Dock with Liftgate to 1 Location
Grand Total
GigaKOM Business Information
GigaKOM Job Site Terms & Conditions
SPIN: 143027209, FCC # 0011991395, Certified Small Business – Micro # 40936,DIR Registration: 1000003984

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Customer CITY OF VISALIA Date 11/12/2024
Quote # H11350SA
QUOTE
9245 Activity Road, Ste 105
San Diego, CA 92126
GigaKOM Terms and Conditions, Billing and SLA: http://bit.ly/GIGAKOM-TCandSLA For Clients that utilize USAC SLD funding, GigaKOM will, based on the agreement, invoice SLD for discounted portion. In case SLD denies payment or SLD does not pay within 90 days, the Client will be responsible for the full amount.

Thank you for your business
--ANY WORK NOT INCLUDED IN THIS ESTIMATE WILL BE BILLED AS TIME AND MATERIAL, INCLUDING ANY ADDTIONAL LABOR OUTSIDE OF SERVICES SPECIFIED ABOVE, CONSULTING, ETC. Please refer to GigaKOM Terms AND Conditions, Billing, AND SLA for rates: Please WORK WITH YOU ACCOUNT MANAGER ON CHANGES.

The price set forth above is a good faith estimate based on the information received through the date of this Estimate and may change based on updated information. Any price changes shall be communicated to the customer through a revised Estimate.

This Estimate is valid for 30 days from the day of issue ( except for erate deals). Any changes to quantities and equipment specified may result in an increase in pricing.

Payment Terms: NET 15
GigaKOM WILL BILL IN PROGRESS INVOICES. HARDWARE AND SOFTWARE WILL BE BILLED UPON ARRIVAL on the customer site or at GigaKOM, whichever occurs first. Services/labor will be billed in milestones, the initial milestone will be billed at project commencement totaling up to 50% of the Service/ Labor price. Additional training or Professional Services can be provided at our standard rates.

Shipping charges may apply to all orders. Shipping Charges are estimates and will be billed at the actual amount if higher.

Payment Details Past due amounts subject to finance charges* Customer shall reimburse all costs incurred in collecting past due amounts* *See GigaKOM Standard Terms and Conditions.

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RFP NO. 24-25-04
Uninterruptible Power Supply (UPS) Refresh

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. 24-25-04

UNINTERRUPTIBLE POWER SUPPLY (UPS) REFRESH
DESCRIPTION:

The City of Visalia is inviting proposals from qualified vendors for Uninterruptible Power Supply (UPS) Refresh as specified in this Request for Proposals.

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 is American Rescue Plan Act Funds (ARPA).

PROPOSER CONFERENCE:

On Tuesday, September 17, 2024, a virtual conference will be held via TEAMS at 10:00 A.M. (Pacific Standard Time). Interested Proposers are encouraged to participate by emailing their contact information to the Purchasing Division: [email protected] to be listed on the attendance roster and provided with the meeting log-in/call-in phone number. This is an opportunity to ask questions regarding the project and the Request for Proposal requirements.

SUBMITTAL DEADLINE:

One (1) unbound original, and four (4) copies, plus one (1) copy on flash drive must be received no later than: 2:00 P.M. (Pacific Standard Time) on Wednesday, October 2, 2024. Proposals received after the time and date stated above shall be returned unopened to the proposer. Emailed Proposals will not be accepted.

SUBMITTAL INSTRUCTIONS:

Addressed to: Purchasing Division
707 W. Acequia Avenue, Visalia, CA 93291
From: Proposer’s Name & Mailing Address

Mark envelope: RFP No. 24-25-04
UPS Refresh
INQUIRIES: Questions/clarification of this document or the scope of services should be addressed to the Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be sent in writing via email [email protected]. Questions may be asked at any time prior to, but no later than Friday, September 20, 2024. 1811
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CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSALS
RFP 24-25-04
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 P.M. (Pacific Standard Time) on Wednesday, October 2, 2024 for:

Uninterruptible Power Supply (UPS) Refresh
The City of Visalia is inviting proposals from qualified vendors for its Request for Proposal (RFP) to provide Uninterrupted Power Supply (UPS) Battery Backup Systems, including hardware, central management, monitoring, and reporting.

Informational Conference: On Tuesday, September 17, 2024 a virtual conference will be held via TEAMS at 10:00 A.M. (Pacific Standard Time). Interested Proposers are encouraged to participate by emailing their contact information to the Purchasing Division: [email protected] to be listed on the attendance roster and provided with the meeting log-in/call-in phone number. This is an opportunity to ask questions about the project and specifications.

RFP Documents: Contract documents may be obtained in the office of the Purchasing Division, 707 W. Acequia Ave., Visalia, California 93291 or by calling (559) 713-4334, or may be downloaded from BidNetdirect by registered users. To register with BidNetdirect, please see the City’s web site: visaliapurchasing.org.

Project Budget: The total approved budget for this project is approximately $150,000 which is an estimate of the total project delivery costs.

The City hereby affirmatively assures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of age, race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Legal Ad Dates: 09/05/24 & 09/10/24

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Title TABLE OF CONTENTS page
I. Definitions .........................................................................................................................................5 II. Introduction ......................................................................................................................................5 A. Information .........................................................................................................................5 B. Background .........................................................................................................................5 C. Purpose and Objective ........................................................................................................6 D. RFP/Agreement Schedule ...................................................................................................6 III. Scope of Services/Project .................................................................................................................6 A. UPS Specifications – Required ............................................................................................6 B. Project Management ..........................................................................................................7 C. Testing .................................................................................................................................7 D. City Responsibilities ............................................................................................................8 IV. Proposal Content and Format Requirements ..................................................................................8 A. General Information ...........................................................................................................8 B. Proposed Project Approach ................................................................................................8 C. Staff Qualifications and Related Experience .......................................................................9 D. Proposed Fee Structure and Schedules ..............................................................................9 E. Conflict of Interest ............................................................................................................10 F. Required Documents ........................................................................................................10 V. Consultant Selection Procedure .....................................................................................................10 A. Criteria & Weight ..............................................................................................................10 B. Background Check .............................................................................................................11 C. Award of Contract .............................................................................................................11 VI. General Conditions ........................................................................................................................11 A. Important Notice ...............................................................................................................11 B. Contracting Agency ...........................................................................................................12 C. Legal Responsibilities ........................................................................................................12 D. Insurance ...........................................................................................................................12 VII. Contract Requirements ..................................................................................................................13 A. Withdrawal of Proposals ...................................................................................................14 B. Rejection of Proposals.......................................................................................................14 C. Evaluation/Award of Contract ..........................................................................................14 D. Proposal Pricing Guidelines ...............................................................................................15 E. Assignment of Contract.....................................................................................................15 F. Right to Require Performance ..........................................................................................15 G. Ethics in Public Contracting ...............................................................................................15 H. Equal Employment Opportunity .......................................................................................16 I. Venue ................................................................................................................................16 J. Proprietary Information ....................................................................................................16 K. Incurring Costs ..................................................................................................................16 L. Firearms Prohibited ..........................................................................................................16 M. Executive Order – Russian Sanctions ................................................................................16 VIII. Measurement and Payment ..........................................................................................................17 IX. Special Conditions Applicable to this Federally Funded Project ............................................... 17 A. Required Bonds .................................................................................................................17 B. Federal Uniform Guidance 2 CFR Part 200........................................................................17 C. Project Administrative Issues ............................................................................................17 X. Sample Professional Services Agreement ................................................................................ 19-26

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Additional Attachments (must be completed and returned with Response to RFP) Attachment 1 - Technical Questionnaire
Attachment 2 - Disclosures
Attachment 3 - Federal Forms and Clauses with signature page. 1814
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I. DEFINITIONS
For the purposes of RFP No. 24-25-04, 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 “Sub-recipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.

5. “RFP” means Request for Proposal No. 24-25-04.

II. INTRODUCTION
A. Information
The City of Visalia Purchasing Division is soliciting proposals from qualified vendors to provide Uninterrupted Power Supply (UPS) Battery Backup Systems. Proposals should include hardware, central management, monitoring and reporting. Proposed solution should include 3-5 years of manufacture maintenance. Initial maintenance term to include battery replacements, any related software license or subscriptions and hardware support, warranty, and training.

This Request for Proposals is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division, at (559) 713-4334. To avoid miscommunication, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected].

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are encouraged to submit any questions or items for clarification in writing to the above email address.

B. Background
About the City
The City of Visalia, CA (“vy-sail-yah”) covers 37 square miles with a diverse population of nearly 145,000 that is growing at an estimated rate of two percent per year. Visalia is located in the San Joaquin Valley, a large and agriculturally rich basin that runs through the center of the state. It is located at the junction of Highways 99 and 198, on the western side of the majestic Sierra Nevada Mountain Range. Visalia sits 185 miles north of Los Angeles and 225 miles south of San Francisco.

Additionally, Visalia is surrounded by many opportunities to explore the great outdoors. Often referred to as the “Gateway to the Sequoias,” Visalia is the closest major city to Sequoia and Kings Canyon National Parks, home to some of the largest trees on Earth, the Giant Sequoias.

The City of Visalia has 683 allocated full-time positions and typically employs an additional 100-200 hourly (temporary/seasonal) employees throughout the year.
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Existing Environment
Existing UPS batteries have been replaced on a regular and on an as needed schedule, however the UPS systems are in need of replacement due to age. When a commercial power outage occurs, most City facilities have UPS systems with the purpose to carry load and bridge the short time frame until a generator has started and ready to take load. Each UPS is designed to have a minimum battery uptime of 20 minutes at the UPS rated full load.

C. Purpose and Objective
The primary goal of this project is to replace existing UPS systems that have reached end of life. Proposed models that will be sufficient to carry the given load and requirements as specified in this RFP. Proposer will not be required to be on-site.

D. RFP/Agreement Schedule
Activity Wed
RFP Available to the Public Thursday, September 5, 2024 Proposer Conference @ 10:00 a.m. (PST) - Virtual Tuesday, September 17, 2024 Deadline for Written Questions Friday, September 20, 2024 RFP Submission Deadline @ 2:00 p.m. Wednesday, October 2, 2024 Review RFP responses, short list established, vendors
notified, and interviews and/or demonstrations October 2 – October16, 2024 Consultant Interviews, presentations/demonstrations (if required) By or before November 1, 2024
Consultant Selection & fees negotiated By or before November 15, 2024 Council approval of contract & contract execution Nov/Dec, 2024 (Estimated Date) Initial meeting with City staff December 2024 (Estimated Date) Work with City Staff - clarifications, programs, etc., if applicable tbd
Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES/PROJECT
Scope includes delivery of fifty-five (55) 1500VA, eight (8) 500-750VA and four (4) 6000VA UPS systems with a total of eight (8) Managed or Switched Power Distribution Units (PDU).

A. UPS Specifications - Required

1. Software Specifications
a. Microsoft Entra ID Integration (Formerly named Azure Active Directory). b. SSO (Single Sign On) using SAML with Microsoft Entra ID. c. Have ability to remotely manage and control all UPS configurations, health tests, monitoring and alerting.
d. Browser based user interface compatible with Edge and Chrome. e. Include a UPS Remote Monitoring and Management (RMM) platform. f. Ability to have multiple platform users with different levels of security/roles. g. Secure web portal access to RMM for all UPS and PDU modification and configurations. h. Stage and deploy updates such as firmware from the RMM. 1816
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2. Hardware
a. All UPS will be true on-line, full double conversion UPS units. b. All UPS includes network connectivity with health monitoring and reporting. c. All UPS will have an option to add an external environmental probe/sensor. d. All UPS batteries will be easily found, accessible and be capable of a no downtime hot swappable replacement.
e. 500-750VA UPS input will be 120V 15amp with a NEMA 5-15P connection f. 500-750VA UPS output will have battery protected 4 x NEMA 5-15R outlets. g. 500-750VA UPS will include a wall mount option.
h. 1500VA UPS input will be 120V 15amp with a NEMA 5-15P connection. i. 1500VA UPS output will have battery protected 8 x NEMA 5-15R outlets. j. 1500VA will include Rackmount and Tower install options. k. 1500VA UPS total depth not to exceed 19 inches.
l. 6000VA UPS input will be 208V 30amp Single Phase, NEMA L6-30P connection. m. 6000VA UPS output will support and include 2 x NEMA L6-20 and 2 x NEMA L6-30 n. 6000VA will include Rackmount and Tower install options. o. 6000VA UPS will include a Manual Bypass Switch that will transfer load to commercial utility and switch back to UPS, without dropping load. Manual Bypass Switch will manage UPS and PDU load transfers.
p. Managed or Switched PDU’s will be 0U Vertical rack mounted and provide at minimum 20 x C13 outlets.
q. Managed or Switched PDU’s must include a built-in network management card that will show real-time power usage of each outlet with the ability to remotely shut down and turn on each outlet.

3. Reporting
a. Quick overview of all UPS events.
b. Regular UPS health tests including batteries.
c. Alert Notifications by email including warning and critical events.

4. Support and Maintenance
a. Provide updated software/firmware for equipment and devices within the supported product life.
b. Warranty to include same day technical support and next day shipping of hardware items which support identifies that a replacement is needed.

B. Project Management
The Project Manager must present a comprehensive project plan of the UPS control by central management solution and will be responsible for the design and layout of all UPS components including hardware and software. Weekly project status meetings via Teams, Zoom, phone will be coordinated by the proposer’s project manager and will coordinate with the City’s designated Project Managers.

The Project Manager will be responsible for coordinating with the City of Visalia’s IT Department prior to shipping and delivering system components required for the project.

C. Testing
The implementation must include adequate provisions for functional, performance and reliability testing.

The City requires Proposer involvement in the development and execution of all test plans to assure the 1817
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System delivers the expected results. Satisfactory completion of a mutually agreed-upon Acceptance Test for each stage of the implementation is required, as is a Final Acceptance Test in a fully integrated environment (to ensure components work together as intended).

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. The Consultant shall communicate with the City representative who will provide the following services:
 Provide consultant with or contact with the appropriate department or staff related to documentation, if recently completed, available, applicable and necessary for completion of Consultant’s work.
 Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
 Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant’s program of work.  Process invoices submitted by Consultant.
 Act as coordinator between Consultant and other City representatives.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
 Firm name, address, telephone number, fax number and email address.  Name of Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, fax number and email address if different from above.  Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
 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 needs to be identified.  Provide your Dun and Bradstreet Number
 Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation
 References and Referrals
B. Proposed Program Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.

Any 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. 1818
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The information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related 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 information for each subcontractor must be provided.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. These projects must demonstrate that the consultant has experience in providing UPS systems similar to the requirements called out in this RFP. In addition, provide references for the three (3) most comparable projects for which your firm has provided, 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:
 Type of Project/Contract
 Project location (business address)
 Brief description (type of contract, functional components, special considerations)  Name of owner/entity
 Name of owner's contact person and telephone number (contact person, who, at the time of RFP submittal, will be employed by the owner)
 Your firm's specific involvement
 The Total contract amount awarded vs the Final Contract amount at end of project.  Status of completion. D. Proposed Fee Structure and Schedule (Under separate sealed cover) The Proposed Fee Structure and Schedule shall be provided under separate, sealed cover (envelope) as a part of the RFP submittal. Only one (1) sealed envelope containing Proposer’s Fees is requested.

Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:

Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., by task completed. information should be detailed and broken down by type of service and units of work or other applicable measure. Proposers should endeavor to provide a comprehensive, fee schedule, 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. 1819
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The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. Conflict of Interest
 Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
 List current clients who may have a financial interest in the outcome of the project.

F. Required Documents
 Complete and submit Attachment 1, Technical Questionnaire  Complete and submit Attachment 2: Disclosures
 Complete and submit Attachment 3: Federal Forms and Clauses with signature page.  A signed copy of all addenda issued for this RFP.

V. CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Consultant in response to the Request for Proposals and any subsequent interviews that may be conducted.

Consultant interviews will be held solely at the option and discretion of the City of Visalia.

The process for selection shall occur in the following sequence:

I. Review Proposals
II. Establish a “short list” of three or more firms
III. Interviews/Presentations by “short-listed” firms (at the option and discretion of the City) IV. Demonstration of products of top ranked Proposers
V. Identify best qualified firm
VI. Determine which, if any, alternates will be selected, and negotiate a fee VII. Award contract
A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of other City Departments, and may include a representative knowledgeable in UPS Systems from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee 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 conformance with the requirements of the RFP and may select finalists to interview/make presentations or give demonstrations to 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 consultant based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria & Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms. 1820
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Criteria Explanation Weight/Points
Merit of Proposal Submitted /
Presentation
 Thoroughness of Proposal Submitted
 Required Forms completed & submitted 15
Experience, Qualifications of
the Firm
 Background information on
company/organization
 Adequacy of Staff to perform the work specified
 References
 Ability to work effectively with City staff, other
public agencies and related parties
15 Experience & Qualifications of
Personnel & Record of Past
Performance
 Experience & qualifications of the Proposer’s
team in working on similar projects and with
local government
15 Experience- Specific to UPS
Systems
 Past Projects (size and similarity to those
specifications described in this RFP) 20
Responsiveness & Ability to
Provide Services and meet
needs of the City of Visalia
 Proposer Responses to Attachment 1 (including
questionnaire) 35
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information 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 business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City 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 to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing 1821
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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 Proposals will be administered by the City of Visalia Information Services Department and the Purchasing Division.

C. Legal Responsibilities
It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.

Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project (if any). Contractor shall comply with all applicable labor laws and ensure against discrimination.

Permits and Licenses

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work.

Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326.

1. 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.

2. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

D. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, CONTRACTOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONTRACTOR’s negligent acts, errors or omissions in the 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 indemnify and hold harmless CONTRACTOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising 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 those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR 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 any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONTRACTOR’s (or CONTRACTOR’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
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Without limiting CITY’s right to indemnification, it is agreed that CONTRACTOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
 Workers’ Compensation insurance as required by California statutes.  Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
 Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
 Comprehensive Automobile Liability coverage with a combined single limit 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, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”, In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.

VII. CONTRACT REQUIREMENTS AND ACCEPTANCE OF

PROPOSAL CONTENT
Before submitting a proposal, proposer’s must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, 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 submission of a proposal shall be considered conclusive evidence that the proposer has carefully 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 requirements of the proposal. Submission of a proposal shall also be evidence that the proposer 1823
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is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

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

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The 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 proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. Rejection of Proposals
Failure to meet the requirements of the RFP may be cause for rejection of the proposal. The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. This committee may consist of representatives of the user department, members of the community, the Purchasing Division, and may include a representative knowledgeable in engineering services from outside of the community. In connection with its evaluation, the City may, at its option, invite one or more proposers to make an oral presentation to the Selection Committee. During these interviews, the proposers will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.

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. 1824
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2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

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

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

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

Proposer warrants that no gratuities, in the form of gifts, 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 concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals.

Proposed fees shall be submitted under separate, sealed cover and in great detail.

E. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred.

F. Right of Requirement Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official 1825
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or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.

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

J. Proprietary Information
The proposals received shall become the property of the City of Visalia and are subject to public disclosure.

Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

K. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.

L. Firearms Prohibited
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

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imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

VIII. MEASUREMENT AND PAYMENT
A. Billing and Payment
Awarded Vendor is responsible for assuring that all services arising from the agreement are billed at the correct and applicable contract prices. The vendor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur.

IX. SPECIAL CONDITIONS APPLICABLE TO THIS FEDERALLY FUNDED

CONTRACT
A. Required Bonds
Awarded Consultant shall be required to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Awarded Consultant shall be required to furnish a Payment Bond in the amount of fifty percent (50%) of subcontractors work to guarantee payment of any subcontractors, if subcontractors are proposed to be used to complete this project.

According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

B. Federal Uniform Guidance 2 CFR Part 200.

All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect.

Attachment 2 of this RFB “Federal Forms and Clauses” with signature page, outlines the applicable Federal Requirements. 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 American Rescue Plan Act Funds (ARPA).

C. Project Administrative Issues

1. Complete Project
The successful consultant shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFP. It is the intent of this RFP and related agreement to describe a functionally complete project.

2. Quantities/Change Orders
The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply. 1827
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If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract.

These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

3. Omitted Items
Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.

4. Extra Work
Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.
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X. SAMPLE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT FOR

UNITERRUPTIBLE POWER SUPPLY (UPS) REFRESH
This Agreement, entered into this ________ day of ________________, 20____, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the completion of the items of work described as “Scope of Services” in RFP No. 24-25-04, which along with the response submitted by CONSULTANT is attached as Exhibit “A”, and hereinafter referred to as the “PROJECT”; and WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement; and
WHEREAS, this project will be 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 American Rescue Plan Act Funds (ARPA).

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Services, which shall be the Scope of Work for the project as described in RFP No. 24-25-04 unless the parties agree in writing to modify the Scope of Work as stated in the RFP, for the cost identified in Exhibit “B” - Project Fee.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” – Consultant Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “B”, unless otherwise extended in writing by CITY, in its sole discretion.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.
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III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a lump sum amount of
) as shown in Exhibit “B”. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, “B”, and “C”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on percentage of work of each noted phase completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The _____________________ shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: ______________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination Without Cause: The CITY may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by 1830
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the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation Provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation 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 activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

VIII. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.
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IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

X. SPECIFICATIONS
All specifications, manuals, standards, data collection, analysis, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XII. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, 1832
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CONSULTANT 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 any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or sub consultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement. To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.

D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

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

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Comprehensive Automobile Liability coverage with a combined single limit 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.

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so 1833
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by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

H. 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 insurance and deduct and retain the amount of the premiums for such insurance from 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 the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

IV. MISCELLANEOUS PROVISIONS
A. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California. 1834
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F. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

G. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

I. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

M. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

N. Executive Order N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
_____________________________
_____________________________
(Attention)
_____________________________
Phone:_______________________
Email:________________________
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF VISALIA CONSULTANT
__________________________________ ___________________________ City Manager Date Date
Approved as to Form
__________________________________
City Attorney Date
_________________________________
Risk Manager Date
_________________________________
Project Manager Date
Exhibit “A”: Accepted Scope of Work as Negotiated by the City and the Consultant Exhibit “B”: Accepted Project Schedule and Fee as Negotiated by the City and the Consultant Exhibit “C”: Consultant Schedule of Fees
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0472 Agenda Date: 11/18/2024 Agenda #: 1.

Agenda Item Wording:

Ordinance Adoption - A Public Hearing and Introduction of the first reading of Ordinance No. 2024- 12 for Zoning Text Amendment No. 2024-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals, Citywide.

Deadline for Action: 11/18/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559)713-4003 Paul Bernal, Community Development Director, [email protected] < mailto:[email protected]>, (559)713-4025
Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2024-12, amending Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for noncompliance, Citywide.

Background Discussion:

The City Council, in response to several inquiries regarding Short-term rentals, directed staff to explore potential options regarding the ability to regulate this use in residential zones. On October 16, 2023, the City Council introduced the first reading of a Zoning Text Amendment (i.e., ZTA No. 2023- 01) that established codified performance standards regulating short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones). During the public hearing, a majority of the Councilmembers expressed common agreement that the ordinance was a “good start” in establishing requirements to address STRs in the community. However, during the Council’s deliberation on the adoption of the ordinance, Council provided direction on potential changes to the STR ordinance to be discussed at a future Council meeting. The City Council requested that staff return in 60 to 90 days after the STR ordinance took effect for further discussion on potential revisions to the ordinance.

On February 20, 2024, staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. The following items were presented to the City Council for consideration:

1. Requirement for the short-term rental permit to be reapplied annually.

2. Consideration of a buffer or spacing requirement between STRs.

3. Other suitable limitations that other agencies have applied.

During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Visalia City Council Page 1 of 5 Printed on 11/14/2024
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limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.

On September 3, 2024, staff returned to the City Council with an update on the STR Ordinance “roll out” thus far. Staff presented the outreach performed to reach STR operators, how the implementation process returned only 45 applications by the time staff drafted the report, and lastly, presented alternative measures to ensure further compliance with the ordinance as Council had directed six-months prior.

Based on information received during the September 3rd meeting, Council directed staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, as well as approve staff to solicit software services that may help in capturing STRs that have not applied for the appropriate City permits and licenses. Zoning Text Amendment (ZTA) No. 2024-04 is the city-initiated request to address revisions as directed by the City Council.

Planning Commission Public Hearing:

On November 12, 2024, the Planning Commission held a public hearing for ZTA No. 2024-04. The Planning Commission had several questions regarding the proposed amendments to the Short-Term Rental Section of the Municipal Code (17.32.166) but were in agreement with the proposed changes as presented. No public comment was received and the Planning Commission voted 5-0, recommending the City Council adopt the proposed changes.

Proposed Revisions to VMC Section 17.32.166 Short-Term Rentals:

Compliance Fee Assessment
Section 17.32.166.E has been added to the STR Ordinance. This new section, in coordination with the Finance Department, identifies the need to include enforcement language that explicitly identifies the penalty fee to be assessed for owners/operators who fail to comply with the STR ordinance and/or fail to apply for all the necessary applications / permits.

Similar to the Solid Waste provisions of the municipal code, revisions to Section 17.32.166 Shortterm rental permits will now explicitly list the penalty fines if a property owner/operator fails to comply with the STR ordinance. The penalty amounts noted in the STR Ordinance for noncompliance, after first notice, are $100, $200, and $500.

Section 17.32.166 will be revised as follows:

E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 <
https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-22524> and 1.13 < https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-22540> of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter Visalia City Council Page 2 of 5 Printed on 11/14/2024
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3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

Annual Renewal Requirement
In addition to the inclusion of specifically noting the penalty fees in the STR ordinance, the ordinance will also include language informing property owners/operators that an annual renewal permit is required for all STR’s operating in Visalia. Establishing an annual renewal STR permit process ensures that operators of STRs are fully aware and in compliance with the adopted regulations. To determine how this process should be done, staff sought input from the City’s Business Tax Division to identify potential regulatory timeframes that may best coincide with the Business Tax Certificate renewal process, which is done bi-annually, given that STRs are required to have both a Business Tax Certificate and STR permit issued by the Planning Division. However, due to the bi-annual Business Tax Certificate renewal timelines, requiring the annual STR permit to coincide with their timeframes does not work given the STR permit issued by the Planning Division will be an annual permit.

Staff has concluded that the Business Tax Division will continue to notify their customers regarding business tax bi-annual renewals as they currently do while the notification requirement of STR operators to reapply for their STR permit will fall on the Planning Division. The requirement for annual renewal will be one calendar year from the date the STR application is approved, with a 30-day deadline for applications to be submitted as detailed below:

F. Annual renewal:

Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director or their designee. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2025, the renewal Short-Term Rental Permit issuance date shall be January 1, 2026.

3. If a Renewal Short-Term Rental Permit application is not received prior to the expiration of an issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities at the property must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit shall apply.

The fee to be assessed for the annual STR permit renewal will be the Home Occupation Permitchange of location fee, which is currently assessed at $19.00 as identified in the City of Visalia August 2024 fee schedule. During the next fee update, staff will amend the fee schedule to specifically note both the “Short-term Rental permit fee-new” and the Short-term Rental permit feeVisalia City Council Page 3 of 5 Printed on 11/14/2024 powered by Legistar™1839
File #: 24-0472 Agenda Date: 11/18/2024 Agenda #: 1.
specifically note both the “Short-term Rental permit fee-new” and the Short-term Rental permit feerenewal” as their own fees in the fee schedule. Please note both of these fees will be the same fee used for Home Occupation permits and will be subject to annual increases based on the Consumer Price Index.

Fiscal Impact: None.

Prior Council Action:
· May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.
· October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2023-01 (Ordinance No. 2023-11), proposing to provide the framework for staff to implement a registration and permitting process for all short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones) within the city. · November 6, 2023: The City Council, on a 4-1 vote, approved the second reading of Ordinance No. 2023-11 was held and served as the final action the City Council took in order for Zoning Text Amendment No. 2023-01 to take effect 30 days following adoption of the second reading.
· February 20, 2024: Staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.
· September 3, 2024: Staff presented an update on the outreach and permit implementation thus far, and presented additional measures by which staff could get STR operators into compliance as Council had directed six-months prior. At the conclusion of the meeting, Council had approved the recommendation of staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, as well as approve staff to solicit software services that may help in capturing STRs that have not applied for the appropriate City permits and licenses.

Other:
· August 28, 2023: The Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’s previous presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives. · September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council. · November 12, 2024: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2024-04, to the City Council.

Alternatives:

Visalia City Council Page 4 of 5 Printed on 11/14/2024
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File #: 24-0472 Agenda Date: 11/18/2024 Agenda #: 1.

The City Council may, in lieu of the recommended motion, consider any of the following alternatives:

1. Refer all parts of the ordinance back to the Planning Commission for further review; or

2. Direct staff to not process any amendments to Visalia Municipal Code Section 17.32; or

3. Continue the matter of a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2024-12 for Zone Text Amendment No. 2024-

04. Environmental Assessment Status:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the Code of Regulations Section 15061(b)(3).

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.

Attachments:

Attachment 1 - Ordinance No. 2024-12
Attachment 2 - Revised Short-Term Rental Application
Attachment 3 - Planning Commission Staff Report dated November 12, 2024 Visalia City Council Page 5 of 5 Printed on 11/14/2024
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ORDINANCE NO. 2024-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-04,
A REQUEST BY THE CITY OF VISALIA TO AMEND CHAPTER TITLE 17 (ZONING) CHAPTER 17.32 SPECIAL PROVISIONS TO REGUALTE SHORT-TERM RENTALS

IN SINGLE-FAMILY RESIDENTIAL ZONES, CITYWIDE
WHEREAS, Zoning Text Amendment No. 2024-04 is a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide. The specific amendments apply City-wide and are specified in Attachment “A” of this Ordinance; and WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 2024; and, WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and,
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on November 18, 2024, and introduced said Ordinance for first reading on that date.

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

BE IT FURTHER RESOLVED that the City Council of the City of Visalia finds as follows:

1. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed zoning amendment is crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards.

2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.
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3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment 2024-04, is approved, as contained in Attachment “A” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 1843
Ordinance No. 2024-12

ATTACHMENT A
Zoning Text Amendment No. 2024-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.

1. TITLE 17 Zoning
Chapter 17.32 Special Provisions
Section 17.32.166 Short-term rental permits.

A. Short-term rental permits may be processed as an administrative matter by the city planner and no hearing shall be required.

B. In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short-term rentals are subject to the following operational standards in all R-1 and R-M zones citywide:

1. Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this chapter:
a. “Local contact person” shall mean a person designated by an owner or the owner’s agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection “4” of this section. A local contact person may be the owner or the owner’s agent.
b. “Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. c. “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
d. “Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling.
e. “Short-term rental” shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and timeshare projects shall not be considered to be a short-term rental.

2. The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, regardless of whether such noncompliance was committed by the owner’s agent, a local contact person or the occupants of the owner’s short-term rental unit.

3. The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, and pay all applicable fees. 1844

4. While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13 of Title 1.

5. Short-term rentals shall be used only for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 7 of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.

6. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued permit number as part of the rental offering. No person shall advertise the use of a dwelling as a shortterm rental unless the City has approved a permit for short-term rental pursuant to this chapter.

7. The owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants to two (2) per bedroom plus one (1):

Number of
Bedrooms
Total
Occupants
Studio – 1 3
2 5
3 7
4 9
5 11
6 13

8. Only the habitable interior portions of a primary dwelling shall be utilized as a short-term rental. Garages, tents, camper trailers, recreational vehicles, accessory dwelling units (ADUs), or other exterior structures or spaces are not permissible as short-term rentals or as bedrooms within short term rental units.

9. In any advertising concerning the availability of a dwelling as a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.
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10.No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.

11.All vehicles of occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available offstreet parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term “sidewalk” shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

12.If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of this code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation.

Failure of the owner or the local contact person to affirmatively respond to the officer’s request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.

13.Notwithstanding Visalia Municipal Code Section 9.32.040, no musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.

14.Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 6:00 a.m., such as the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 6:00 a.m. are considered to be “quiet time,” where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

15.It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Title 8 Health and Safety.
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16.The owner and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

17.Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Chapter 8.28, which provides for containers to be placed at the curb on the day of pickup and removed by 7:00 p.m. on the day of collection. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on site and in the adjacent portion of the street.

18.The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this section.

19.All short-term rentals shall be subject to the City’s transient occupancy tax, as required by Title 3 Revenue and Finance, Chapter 3.28 Transient Occupancy Tax. The owner shall also maintain, at all times, a valid City of Visalia business license.

20.Short-term rentals shall not exceed one unit per parcel in any residentially zoned district.

C. A short-term rental permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked if three or more violations occur within a one-year period or the required transient occupancy tax payments are not made to the City as required under Chapter 3.28.

D. In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed in writing with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter 17.28. The planning commission shall review and either uphold or deny the city planner decision.

The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145.

E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 1847

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

F. Annual renewal:

1. A Renewal Short-Term Rental Permit application accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Community Preservation Department annually prior to expiration of the Short-Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued ShortTerm Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2025, the renewal Short-Term Rental Permit issuance date shall be January 1, 2026.

STATE: ZIP:

ADDRESS:

VISALIA: A BETTER WAY OF LIVING

CITY OF VISALIA

P L A N N I N G D I V I S I O N
NAME(S):

PHONE:
24/7 Contact Information:

Property Owner Information (Please provide complete information):

ADDRESS:

NAME:

SHORT-TERM RENTAL (STR) PERMIT APPLICATION
Dwelling Unit Information:

ASSESSOR’S PARCEL NUMBER (APN)*:

Please enter the number of bedrooms listed on City or County records:

WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 All applicants are subject to review and audits. Permits will be denied or revoked if the owner has knowingly made any false, misleading, or fraudulent statement of material fact in the application.

In order to receive a short-term rental permit, you must be the owner of the property. To provide proof of ownership, applicants must submit a copy the Grant Deed and, if applicable, a notarized Agent Authorization demonstrating that you (the applicant) are an authorized agent of the legal entity named on the Grant Deed as part of your application. Be advised, permitting fees will be reassessed annually through the renewal process.

CITY:

EMAIL(S):

All correspondence will be mailed to the address above. By submitting this application, you are agreeing to receive all citations, violations and penalties related to this application and permit this to address.

Check box below and attach required proof of ownership.

Copy of the Grant Deed enclosed (Notarized Agency Authorization if applicable) The owner or designated owner’s agent must be available twenty-four (24) hours a day, seven (7) days a week, at the phone number provided below to answer any call from the City, an agent authorized by the City to make such calls and any guests staying at the property when the dwelling unit is being rented. The owner may designate an owner’s agent with access to the dwelling unit and authority to fix any problems or violations of Visalia Municipal Code 17.32.166 and must be on the premises of the short-term rental at the request of an enforcement officer within forty-five (45) minutes of contact if needed. Any changes to the owner’s or designated owner’s agent 24/7 contact information must be submitted to the City to amend the application and be approved 1 week prior to the rental. The contact information will be made available to the public upon request.

PHONE:

OCCUPANY LIMITS: The owner shall limit occupancy of short-term rental property to 2 per bedroom/plus 1 persons (regardless of age).

PAGE 1 OF 4
*One application per parcel. If applying for multiple parcels, please complete an application for each one.

A Business Tax Certificate is required at the time of filing a STR Permit Application Permit Number:

Check if this is a Renewal (Grant Deed not required if this is a renewal) ATTENTION: Is this a renewal? Complete and submit Page 1 of this document. 1849
I,
, declare as follows:

Agent:
purposes necessary to file an application for, and obtain a permit to Executed this day of , 20
Signature of Owner
Owner Mailing Address
Owner Mailing Address (continued)
Owner Telephone
Owner Email (if applicable)
OWNER
Signatures (MUST BE NOTARIZED):

AGENT
Signature of Agent
Agent Mailing Address
Agent Mailing Address (continued)
Agent Telephone
Agent Email (if applicable)

SHORT-TERM RENTAL PERMIT APPLICATION

AGENCY AUTHORIZATION
I am the owner of certain real property bearing assessor’s parcel number* (APN):

Owner’s Signature MUST be Notarized.

Attach acknowledgement of signature(s) by Notary Public.

PAGE 2 OF 4
Property Owner:

Owner’s Name - Print
I designate , to act as my duly authorized agent for all Agent’s Name - Print
Action Sought
relative to the property mentioned herein. I declare under penalty of perjury the foregoing is true and correct.
.
“Agent” shall be the person that the permit will be issued to. Provide a name and contact number for the “Property Owner” and the designated “Agent”

CITY OF VISALIA

C O M M U N I T Y D E V E L O P M E N T
*One application per parcel, if applying for multiple parcels, please complete an application for each one. 1850
INITALS:

INITALS:

I acknowledge that I will have to contact the Visalia Finance Department to obtain a transient occupancy certificate and will be in compliance with Visalia Municipal Code Chapter 3.28 "Transient Occupancy Tax," including its recordkeeping requirements. INITALS:

INITALS:

Fire extinguishers, smoke detectors, carbon monoxide detectors, and other basic health and safety features are provided at the Property and are fully charged, operational, and easily located, and will remain so during the duration of this permit’s operation.

INITALS:

I am the owner of the property located at
Attestations and Acknowledgements
INITALS:

WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 I attest, under perjury, the following statements are true (initial each item):
, I have read and understand
the requirements of Visalia Municipal Code Chapter 17.32.166 "Short-Term Rental Permits" and will comply with its provisions.

The short-term rental of the property is not prohibited by Covenants, Conditions and Restrictions (CC&Rs), or rules or restrictions of a homeowners association or similar association, and I have notified such association that I am applying for a short-term rental permit. I will retain proof of notification for the duration that I maintain a short-term rental permit for the property.

The information in this application is correct, including the number of bedrooms I have listed for the dwelling unit(s) (or portion thereof) that is to be rented on a short-term basis.

The Property is not currently subject to code enforcement action, and any such action or citation has been cured and all fines paid.

I, or my designated Owner’s Agent, will be available twenty-four (24) hours a day, seven (7) days a week, at the phone number provided in this application and will answer any call from the City, and guests staying at the Property and will be on the premises of the short-term rental at the request of enforcement officer of the City’s Police Department within forty-five (45) minutes of contact if needed.

I, or my designated Owner’s Agent, will provide full access to the Property and documents related to compliance with this Chapter, during normal City Hall business hours or at any time the dwelling unit (or portion thereof) is rented, immediately upon request by the City Manager or her/his designee for purposes of inspection or audit in compliance with federal and state law.

I acknowledge that I will post a sign at a conspicuous location within the short-term rental to advise occupants of the rules and operational standards imposed by Visalia Municipal Code section 17.32.166.

I will ensure that all short-term rental activity at the Property complies with all applicable laws, including, but not limited to, the noise limitations, parking requirements, and trash and refuse set forth in Chapter 17.32 of the Visalia Municipal Code, and applicable codes regarding fire, building and safety.

By initialing below, I acknowledge I understand, accept, and will comply with the following:

Occupancy shall not exceed the maximum number of individuals listed on the Permit.

I am responsible for updating any information in my application that changes during the period that the Permit is valid.

Such information must be updated before any short-term rental activity occurs, and in any case within 30 days of such changes, or immediately for any change in the Owner’s Agent contact information. To update information in my application I understand I must use the City’s amended short-term rental application form.

PAGE 3 OF 4

SHORT-TERM RENTAL PERMIT APPLICATION

CITY OF VISALIA

C O M M U N I T Y D E V E L O P M E N T
1851
WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 INITALS:

INITALS:

I understand that an application to renew a short-term rental permit must be received by the City Planner not later than thirty days after the expiration of the short-term rental permit. Applications received after the deadline but before expiration of the permit may be accepted at the discretion of the City Manager or her/his designee. INITALS:

PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE

PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE By: Date:

I understand that I cannot cure a violation of this Chapter by seeking to amend my short-term rental permit after a violation occurs; short-term rental of a property may only be conducted as specifically authorized by an active short-term rental permit.

I understand and agree that I am responsible for any and all violations or illegal activity that occur on my property during a period where it is rented on a short-term basis, whether committed by myself, my agent, a guest, or any other person. Such violations may result in substantial fines, the loss of my short-term rental permit, criminal penalties, or other significant action. I have read Visalia Municipal Code Section 17.32.166 and accept the obligations imposed on me by that Section and will act so as to ensure that no violations occur on the Property.

DocuSign or electronic signatures will not be accepted.

The Short-Term Rental Permit Fee effective December 6, 2023.

Please submit a check payable to the City of Visalia along with your application.

The Short-Term Rental Permit Fee is non-refundable.

NAME OF LLC (IF APPLICABLE)

CITY OF VISALIA - STAFF USE ONLY
PAGE 4 OF 4
Signature

SHORT-TERM RENTAL PERMIT APPLICATION

CITY OF VISALIA

C O M M U N I T Y D E V E L O P M E N T
WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 1852

REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: November 12, 2024
PROJECT PLANNER: Josh Dan, Senior Planner
Phone: (559) 713-4003
E-mail: [email protected]
SUBJECT: Zoning Text Amendment No. 2024-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.

STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2024-71, recommending that the City Council approve adoption of Zoning Text Amendment No. 2024-04, which amends Title 17, Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, citywide. This recommendation is based on the findings contained therein and summarized as follows:
• The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
• The Zoning Text Amendment amends established objective standards to adequately address operational standards for short-term rentals, consistent with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city.

RECOMMENDED MOTION
I move to recommend that the City Council approve Zoning Ordinance Text Amendment No. 2024-04 based on the findings and conditions in Resolution No. 2024-71.

BACKGROUND AND REASON FOR ZONING TEXT AMENDMENT
The City Council, in response to several inquiries regarding Short-term rentals, directed staff to explore potential options regarding the ability to regulate this use in residential zones. On October 16, 2023, the City Council introduced the first reading of a Zoning Text Amendment (i.e., ZTA No. 2023-01) that established codified performance standards regulating short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones). During the public hearing, a majority of the Councilmembers expressed common agreement that the ordinance was a “good start” in establishing requirements to address STRs in the community. However, during the Council’s deliberation on the adoption of the ordinance, Council provided direction on potential changes to the STR ordinance to be discussed at a future Council meeting. The City Council requested that staff return in 60 to 90 days after the STR ordinance took effect for further discussion on potential revisions to the ordinance.

1. Requirement for the short-term rental permit to be reapplied annually.

2. Consideration of a buffer or spacing requirement between STRs.

3. Other limitations staff may find suitable that other agencies have applied. 1853
During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.

PROJECT EVALUATION
Based on direction received at the September 3rd meeting, the following revisions to Section

17.32.166 are outlined below.

Proposed Revisions to VMC Section 17.32.166 Short-Term Rentals:

Similar to the Solid Waste provisions of the municipal code, revisions to Section 17.32.166 Shortterm rental permits will now explicitly list the penalty fines if a property owner/operator fail to comply with the STR ordinance. The penalty amounts noted in the STR Ordinance for noncompliance, after first notice, are $100, $200, and $500.

Section 17.32.166 will be revised as follows:

E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

Annual Renewal Requirement
In addition to the inclusion of specifically noting the penalty fees in the STR ordinance, the ordinance will also include language informing property owners/operators that an annual renewal permit is required for all STR’s operating in Visalia. Establishing an annual renewal STR permit 1854
process ensures that operators of STRs are fully aware and in compliance with the adopted regulations. To determine how this process should be done, staff sought input from the City’s Business Tax Division to identify potential regulatory timeframes that may best coincide with the Business Tax Certificate renewal process, which is done bi-annually, given that STRs are required to have both a Business Tax Certificate and STR permit issued by the Planning Division.

However, due to the bi-annual Business Tax Certificate renewal timelines, requiring the annual STR permit to coincide with their timeframes does not work given the STR permit issued by the Planning Division will be an annual permit.

F. Annual renewal:

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2025, the renewal Short-Term Rental Permit issuance date shall be January 1, 2026.

The fee to be assessed for the annual STR permit renewal will be the Home Occupation Permitchange of location fee, which is currently assessed at $19.00 as identified in the City of Visalia August 2024 fee schedule. During the next fee update, staff will amend the fee schedule to specifically note both the “Short-term Rental permit fee-new” and the Short-term Rental permit fee-renewal” as their own fees in the fee schedule. Please note both of theses fees will be the same fee used for Home Occupation permits, and will be subject to annual increases based on the Consumer Price Index.

Environmental Review
The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may 1855
have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.

RECOMMENDED FINDINGS

2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.

3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

APPEAL INFORMATION
The Planning Commission’s recommendation on Zoning Ordinance Text Amendment No. 2024- 04 is advisory only and is automatically referred to the City Council for final action.

Attachments:
• Related Plans and Policies
• Resolution No. 2024-71 - Amendment to Chapter 17.32.166 Short-Term Rentals • Exhibit A – Council Staff Report (September 3, 2024)
• Exhibit B – Revision to Short-Term Rental Application 1856

RELATED PLANS AND POLICIES
Chapter 17.44

ZONING AMENDMENTS
Sections:

17.44.010 Purpose.

17.44.020 Initiation.

17.44.030 Application procedures.

17.44.040 Public hearing—Notice.

17.44.050 Investigation and report.

17.44.060 Hearing.

17.44.070 Action of city planning commission.

17.44.090 Action of city council.

17.44.100 Change of zoning map.

17.44.110 New application.

17.44.120 Report by city planner.

17.44.010 Purpose.

As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.

17.44.020 Initiation.

A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.

B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and

17.44.090 shall be followed.

17.44.030 Application procedures.

A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;
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3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;

5. Additional information as required by the historic preservation advisory board.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

17.44.040 Public hearing—Notice.

The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing.

17.44.050 Investigation and report.

The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission.

17.44.060 Hearing.

A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.

B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents.

17.44.070 Action of city planning commission.

The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission.

17.44.080 [Reserved].

17.44.090 Action of city council.

A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.
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B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal.

17.44.100 Change of zoning map.

A change in zone boundary shall be indicated on the zoning map.

17.44.110 New application.

Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

17.44.120 Report by city planner.

On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 17.44.090. 1859
RESOLUTION NO. 2024-71
RESOLUTION NO. 2024-71

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2024-04, A

REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE), CHAPTER 17.32.166 SHORT-TERM RENTALS TO ADD

LANGUAGE REQUIRING APPLICANTS TO REAPPLY ANNUALLY AND TO INCLUDE FINES FOR NON-COMPLIANCE, CITYWIDE.

WHEREAS, Zoning Text Amendment No. 2024-04 is request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter

17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide. The specific amendments are specified in Attachment “A” of this Resolution; and WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 2024; and WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council concur that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:

2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.

3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption). 1860
RESOLUTION NO. 2024-71
BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia. 1861
RESOLUTION NO. 2024-71
Resolution No. 2024-71
ATTACHMENT “A”
Zoning Text Amendment (ZTA) No. 2024-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.

Changes to City of Visalia Municipal Code Title 17 – Zoning Ordinance, as specified by underline & italics for additions.

Section 17.32.166 Short-term rental permits.

A. Short-term rental permits may be processed as an administrative matter by the city planner and no hearing shall be required.

The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.

4. While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to 1862
RESOLUTION NO. 2024-71
respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property.

Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13 of Title 1.

6. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued permit number as part of the rental offering. No person shall advertise the use of a dwelling as a short-term rental unless the City has approved a permit for short-term rental pursuant to this chapter.

Number of
Bedrooms
Total
Occupants
Studio – 1 3
2 5
3 7
4 9
5 11
6 13

8. Only the habitable interior portions of a primary dwelling shall be utilized as a shortterm rental. Garages, tents, camper trailers, recreational vehicles, accessory dwelling units (ADUs), or other exterior structures or spaces are not permissible as short-term rentals or as bedrooms within short term rental units.

10.No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.
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RESOLUTION NO. 2024-71

11.All vehicles of occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term “sidewalk” shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

17.Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Chapter

8.28, which provides for containers to be placed at the curb on the day of pickup and removed by 7:00 p.m. on the day of collection. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on site and in the adjacent portion of the street.

18.The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this section.

20.Short-term rentals shall not exceed one unit per parcel in any residentially zoned district.

17.28. The planning commission shall review and either uphold or deny the city planner decision. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145. 1865
RESOLUTION NO. 2024-71
E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

F. Annual renewal:

1. A Renewal Short-Term Rental Permit application accompanied by the ShortTerm Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Community Preservation Department annually prior to expiration of the ShortTerm Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued ShortTerm Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2025, the renewal Short-Term Rental Permit issuance date shall be January 1, 2026.

Short-term Rental Ordinance Update - Receive an update on the City’s Short-term Rental Ordinance and permitting process per Section 17.32.166 Short-term rental (STR) ordinance and consider potential revisions to the STR Ordinance.

Deadline for Action: 9/3/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Planning and Community Preservation Director, [email protected] < mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council receive the staff report, presentation, and take public comments. Based on the information received, the City Council may direct staff to initiate further zone text amendment changes to the recently adopted Short-term Rental ordinance (Section

17.32.166) based on the following:

Proceed with drafting ordinance language to address Item No. 1, to include an Enforcement Section, Item No. 2, to include language requiring the implementation of an annual renewal permit process, and Item No. 3, solicit software and services that may help in capturing short-term rental properties that have not applied for the appropriate City permits and licenses.

Any revisions to be considered as part of the Zone Text Amendment process related to Short-Term Rentals may be subject to a future work session discussion with the City Council based on staff’s analysis of the potential changes. Should council elect to direct staff to proceed with a ZTA, staff will return in 90-days with amendments to the ordinance.

Executive Summary:

On October 16, 2023, the City Council introduced the first reading of Zoning Text Amendment (ZTA) No. 2023-01. The ZTA ordinance established codified performance standards regulating short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones). The ordinance took effect on December 6, 2023. During the introduction and first reading of Ordinance No. 2023-11 (STR Ordinance), a majority of the Councilmembers expressed common agreement that the ordinance was a “good start” in establishing requirements to address STRs in the community. However, during the Council’s deliberation on the ordinance, additional statements were made, and Council direction given, that further consideration on potential changes to the STR ordinance be discussed at a future Council meeting. The City Council requested that staff return in 60 to 90 days after the STR ordinance took effect for further discussion on potential revisions to the ordinance.

On February 20, 2024, staff presented an update on the STR ordinance and included additional File #: 24-0322, Version: 1
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On February 20, 2024, staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. The following items were presented to the City Council for consideration:

1. Requirement for the short-term rental permit to be reapplied annually.

2. Consideration of a buffer or spacing requirement between STRs.

3. Other limitations staff may find suitable that other agencies have applied.

During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.

Outreach:

The process of getting operators into compliance was known to be a difficult endeavor as the online STR platforms do not provide addresses or contact information for operators until a reservation is secured. However, staff worked with the Communications Division to publish Public Service Announcements (PSAs) regarding the newly adopted STR ordinance via the City’s various social media accounts. The Communications Division also included a one-page notice about the newly implemented STR ordinance and need of a permit in the Parks and Recreation Department - 2024 Spring Live & Play Guide (see Attachment 3).

Additionally, through the initial work sessions and implementation of the ordinance, staff was also contacted by an Airbnb representative. The Airbnb representative informed staff that any informational material issued by the City regarding STR permit process/requirements could be shared with STR owner/operators who use the Airbnb platform within the city. Staff provided the Airbnb representative with the information provided in the Spring Live & Play Guide and asked that the platform inform operators of their obligation to apply for a STR permit.

To gage if this information was being provided to STR owners/operators, staff asked applicants that submitted an STR application (when they’ve called or come to our front counter) how did they find out about Visalia’s STR ordinance and permitting requirements. The majority identified that they saw the social media posts, while only one identified they decided to apply for their permit because of the Airbnb’s platform notification of the City’ of Visalia’s permit process.

STR Permitting Implementation:

STR permits are typically initiated by the applicant starting with the Business Tax Division, where the STR owner/operator will also fill out the business license application, which are then both routed to the Planning Division for review and subsequent approval. This process is similar to the Home Occupation Permit process which staff identified as the process both the Planning and Business Tax Division’s would follow given the familiarity of this process between both divisions.

To date, staff has only received a total of 45 application submittals, with only 33 approvals being granted. Some applications were rejected for the simple fact that the ordinance does not allow multiple STRs on one site, others have code violation infractions that need remedying before a permit may be approved, while the majority of the others lacked the required grant deed which is required when submitting the STR application.

However, in FY 2023/24, Visalia received $623,570 of transit occupancy tax (TOT) from short-term rentals, which indicates over $6 million in room receipts in that fiscal year. The majority of TOT Visalia City Council Page 2 of 8 Printed on 10/31/2024
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rentals, which indicates over $6 million in room receipts in that fiscal year. The majority of TOT remitted to Visalia is typically a lump sum payment received from AirBnB that collects TOT from those operators who have opted to have TOT collected through AirBnB platform. This is not the case for those owners/operators that opt out of having AirBnB collect TOT.

Additional Outreach Notification:

Although staff’s approach for compliance, as noted above, has proven to not be the most effective in getting a larger number of STRs permitted, Planning staff has engaged the Finance Department to help in ascertaining ways of getting the City’s STR regulations out to STR owners/operators that still may not be aware of the City’s STR requirements. One tool that has been recently implemented is a purchased list of potential short-term rental properties that are advertising within the City. The list provides addresses to properties in Visalia that may be operating as short-term rentals. This list is currently being generated and will be provided to the City within 60-90 days. Once staff has the active list, letters will be mailed to all listed property addresses detailing the City’s adopted requirements and informing STR owner/operators of the legal requirement to get their properties properly licensed. The letter informs these owners that they have 30 days to respond and failure to comply may result in fines if staff substantiates the property is operating an STR without proper approvals. A copy of the draft letter that will be mailed out has been provided as Attachment 4.

Potential STR Updates for Council Consideration:

Based on the number of potential STR’s located in the community that have not submitted for their appropriate licenses and permits, the enactment of the STR ordinance to date has not resulted in the anticipated increase on getting STR owners/operators legally permitted in Visalia. To address additional methods for getting STR owners/operators into compliance, staff recommends the Council reconsider the discussed compliance measures with some additional options as follows:

1. Addition of Enforcement Section to STR Ordinance
In coordination with the Finance Department, staff identified the need to include enforcement metric language that explicitly identifies the penalty fee to be assessed for owners/operators who fail to comply with the STR ordinance and/or fail to apply for all the necessary permits. Staff recommends the City Council direct staff to amend Section 17.32.166 Short-term rental permits to explicitly list the penalty fines as stated in Section 8.28.220.B “Solid Waste Collection and Disposal”. However, the penalty amounts noted in the STR Ordinance would be the fees identified in Section 1.12 “General Penalty” of the Municipal Code, which assesses fees for noncompliance, after first notice, in the amounts of $100, $200, and $500.

Staff Recommendation: Staff recommends Council direct staff to incorporate this change to the current STR ordinance.

2. Establishment of an Annual STR Permit Renewal Process:

Implementation of an annual renewal permit process can be enacted and would be consistent with other permit types the City issues. Procedurally, language can be drafted that clarifies STR Permits are valid for one-year and the permits are automatically void upon expiration, unless renewed with City. Permits may be renewed subject to the provisions and restrictions that could be outlined in a revised STR ordinance. Proposed modifications to clarify the STR Permit annual renewal application process, requirements, and limits would need to be drafted for consideration.

Staff would seek input from the City’s Business Tax Division to establish the regulatory timeframes that may best coincide with the Business Tax Certificate renewal process, which is done bi-annually, given that STRs are required to have a Business Tax Certificate to operate and are required to Visalia City Council Page 3 of 8 Printed on 10/31/2024
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given that STRs are required to have a Business Tax Certificate to operate and are required to submit their transit occupancy tax with the Finance Department. Establishing an annual renewal STR permit process ensures that operators of SRTs are fully aware and in compliance with the adopted regulations. Failure to comply with all adopted codified requirements may result in non-renewal of the STR permit.

If desired, the City Council may direct staff to incorporate revisions to the STR ordinance to codify duration of Short-Term Rental permits and draft language on annual renewal application processes, requirements, and limits.

Staff Recommendation: Staff recommends Council direct staff to incorporate changes to the current STR ordinance to establish annual permit processing requirements.

3. Use of Third-Party Compliance Software
Council may also consider directing staff to solicit software and services that may help in capturing short-term rental properties that have not applied for the appropriate City permits and licenses.

Planning and Finance staff has recently been in contact with two vendors that offer software and services for tracking and enforcement. Information that can be provided by these services include the following:

1. Back-tracking at least 12-months to identify rental postings across multiple platforms (removing duplicates);

2. Identify addresses of rentals within the City;

3. Identify hosts and associated contact info;

4. Rental frequency;

5. Rental type [room(s), whole home, RV, etc.];

6. Identify compliance issues with established ordinances.

Finance Department staff is currently seeking software for Business License and several of these Companies offer a module for TOT collections, STR tracking, and other services as well. Initial fees for services can vary between $5,000 to $30,000, yearly, with cost escalating with additional service add-ons.

Staff Recommendation: Staff recommends the City Council direct staff to continue to explore options on increasing enforcement, tracking, and services.

4. Establishing an Overall Number of STR Permits Allowed Staff reached out to multiple local agencies in California and the most responsive and helpful has been the City of Santa Rosa. Staff found that the City of Santa Rosa, through multiple revisions of their STR ordinance, has similarly implemented STR regulations to address STRs in their community.

Key features to their approach, which the City’s current STR ordinance does not address are as follows:

1. Separate “Hosted” from “Non-Hosted” STR approvals.
a. Allow unlimited “Hosted” STRs.
i. A Hosted STR is defined as-a Short-Term Rental where, throughout the rental period, the host resides on-site. Hosted STRs may be limited to only the primary residence on any property containing more than one legal dwelling unit.

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b. Limit “Non-Hosted” STRs.
i. A Non-Hosted STR is defined as a Short-Term Rental where the Host does not reside on-site throughout the duration of the rental period.

2. Require permit renewals.
a. Provide a 60-day notice and 30-day deadline for STR application renewals.

3. Determine that Non-Hosted STRs not meeting the application deadline be eliminated from the overall permissible amount of Non-Hosted STRs permitted within the community.

Staff Recommendation: Staff is not opposed to this option as a means to get STR owners/operators into compliance with the risk of knowing that the City may limit the number of STR permits issued Citywide. Staff recommends this option be considered after letters have been mailed and an enforcement attempt has been made by City staff.

If the City Council directs staff to proceed with option limiting the number, staff will work on establishing the parameters of how the STR ordinance will need to be revised to account for the changes as noted above. In addition, Planning staff will work closely with other City divisions on how this will be implemented and tracked to ensure that STR owners/operators are in compliance. Prior to bringing a formal Zone Text Amendment for adoption, staff anticipates bringing the framework of the revised STR ordinance for Council’s input on the drafted language and procedural requirements through the work session format.

5. Consideration of Buffer / Spacing Requirements:

As stated in previous work sessions, consideration of a buffer / spacing requirement could be considered. Similar to the City’s Smoke Shop establishment ordinance, an established buffer or spacing requirement (e.g. 500-ft., 1,000-ft.) could be further analyzed if directed to pursue this requirement. Please note this requirement would need to be supported in the record prior to adoption. Challenges to SRT regulation have compared the transitory nature of an SRT to allowed usage such as small group homes or transitional/supportive housing and argued that similar types of transitory uses should be permissible and constitutional protections for equal protection should apply.

Given that over 80% of the City’s General Plan land uses are dedicated to residential land uses, establishing the necessary mapping and tracking mechanisms could be difficult to regulate if a buffer or spacing requirement were considered.

Furthermore, buffering requirements could be challenged if uses such as bed and breakfast inns or boutique hotels are not subject to spacing requirements from residential uses, under the argument that similar uses should be treated in the same manner under the zoning ordinance. Buffers, by their nature, must be tracked by staff, which would require additional internal review.

Staff, with the help of the GIS Division, conducted a mapping exercise implementing a 1,000-foot buffer within designated residential land use areas. Currently, there is a total residential land use area of approximately 820,234,917 square feet (18,830 acres). When applying the 1,000-foot buffer to the total residential land area, it resulted in approximately 261 “lots”, or potentially only providing for Visalia City Council Page 5 of 8 Printed on 10/31/2024
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total residential land area, it resulted in approximately 261 “lots”, or potentially only providing for approximately 261 short-term rental permits. Please note this number should be considered hypothetical because it is not likely that each buffer’s center aligns perfectly with a residential land use.

Staff Recommendation: Staff does not recommend this option be considered. As noted above, establishing the necessary mapping and tracking mechanisms could be difficult to regulate if a buffer or spacing requirement were considered. Staff concludes the options in the report where staff is supporting the direction on proceeding with the changes as noted in those sections gives staff the ability to establish the necessary framework language to get STR owners/operators into compliance based on limiting the number of STR’s permitted to operate in the City of Visalia.

6. Consideration of an Outright STR Ban:

The City Council could also consider an outright ban on STRs. There have been numerous articles written that short-term reduce the availability of long-term rental properties, driving up housing costs, frequent turnover of short-term renters can disrupt the sense of community and lead to noise and safety concerns, and the difficulty on City staff to ensure at all times STR’s are complying with regulatory requirements.

Discussions with Santa Rosa City staff found that the impact to staffing workloads to regulate STRs lead to the decision makers implementing an attrition style ordinance which could eventually lead to a ban of certain STRs in their community.

Based on the State of California declaring a housing crisis, the Council could consider a ban on STRs. It should be noted that staff will not be recommending this option at this time as figures have shown STRs (867 spaces listed in Visalia) to only account for roughly one percent of the current housing stock.

Staff Recommendation: Staff does not support an outright ban on STRs. Rather, implementing the revisions to the STR ordinance as discussed in this report and presented during the work session will help in bringing STR owners/operators into compliance thereby ensuring that these owners/operators understand the City’s rules and regulations and if a STR is operated in a manner not consistent with these requirements, the owner/operator will be at risk of losing their ability to operate a STR in the City of Visalia.

Fiscal Impact: None.

Prior Council Action:
· May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.
· October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2023-01 (Ordinance No. 2023-11), proposing to provide the framework for staff to implement a registration and permitting process for all short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones) within the city. · November 6, 2023: The City Council, on a 4-1 vote, approved the second reading of Ordinance No. 2023-11 was held and served as the final action the City Council took in order Visalia City Council Page 6 of 8 Printed on 10/31/2024
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Ordinance No. 2023-11 was held and served as the final action the City Council took in order for Zoning Text Amendment No. 2023-01 to take effect 30 days following adoption of the second reading.
· February 20, 2024: Staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted
Other:
· August 28, 2023: The Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’s previous presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives.
· September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council.

Alternatives: The City Council may, in lieu of the recommended motion, consider any of the following alternatives:

1. Receive the staff report and take no further action at this time.

2. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to begin drafting revisions to the STR Ordinance based on the City Council’s desired options as follows:

1. Proceed with drafting ordinance language to address the items presented in Item No. 1, include Enforcement Section, Item No. 2, include language requiring the implementation of an annual renewal permit process, and Item No. 3, solicit software and services that may help in capturing short-term rental properties that have not applied for the appropriate City permits and licenses.

Environmental Assessment Status:

No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.

CEQA Review:

The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.

Attachments:

1. Ordinance No. 2023-11

2. Short-Term Rental FAQ
Visalia City Council Page 7 of 8 Printed on 10/31/2024
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File #: 24-0322, Version: 1

3. Parks and Recreation Department - 2024 Spring Live & Play Guide - Pg. 10

4. Compliance Letter
Visalia City Council Page 8 of 8 Printed on 10/31/2024
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The number of bedrooms is:

STATE: ZIP:

ADDRESS:

VISALIA: A BETTER WAY OF LIVING

CITY OF VISALIA

P L A N N I N G D I V I S I O N
NAME(S):

PHONE:
24/7 Contact Information:

Property Owner Information (Please provide complete information):

ADDRESS:

NAME:

SHORT-TERM RENTAL (STR) PERMIT APPLICATION
Dwelling Unit Information:

ASSESSOR’S PARCEL NUMBER (APN)*:

Please enter the number of bedrooms listed on City or County records:

CITY:

EMAIL(S):

Check box below and attach required proof of ownership.

PHONE:

OCCUPANY LIMITS: The owner shall limit occupancy of short-term rental property to 2 per bedroom/plus 1 persons (regardless of age).

PAGE 1 OF 4
*One application per parcel. If applying for multiple parcels, please complete an application for each one.

A Business Tax Certificate is required at the time of filing a STR Permit Application Permit Number:

Check if this is a Renewal (Grant Deed not required if this is a renewal) ATTENTION: Is this a renewal? Complete and submit Page 1 of this document. 1875
I,
, declare as follows:

OWNER AGENT
Signature of Agent
Agent Mailing Address
Agent Mailing Address (continued)
Agent Telephone
Agent Email (if applicable)
Signatures (MUST BE NOTARIZED):

SHORT-TERM RENTAL PERMIT APPLICATION

AGENCY AUTHORIZATION
I am the owner of certain real property bearing assessor’s parcel number* (APN):

Owner’s Signature MUST be Notarized.

Attach acknowledgement of signature(s) by Notary Public.

PAGE 2 OF 4
Property Owner:

CITY OF VISALIA

C O M M U N I T Y D E V E L O P M E N T
*One application per parcel, if applying for multiple parcels, please complete an application for each one. 1876
I am the owner of the property located at
Attestations and Acknowledgements
INITALS:

INITALS:

The information in this application is correct, including the number of bedrooms I have listed for the dwelling unit(s) (or portion thereof) that is to be rented on a short-term basis.

INITALS:

The Property is not currently subject to code enforcement action, and any such action or citation has been cured and all fines paid.

INITALS:

By initialing below, I acknowledge I understand, accept, and will comply with the following:

Occupancy shall not exceed the maximum number of individuals listed on the Permit.

I am responsible for updating any information in my application that changes during the period that the Permit is valid.

PAGE 3 OF 4

SHORT-TERM RENTAL PERMIT APPLICATION

CITY OF VISALIA

C O M M U N I T Y D E V E L O P M E N T
1877
WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 INITALS:

INITALS:

I understand that an application to renew a short-term rental permit must be received by the City Planner not less than thirty days prior to the expiration of the short-term rental permit. Applications received after the deadline but before expiration of the permit may be accepted at the discretion of the City Manager or her/his designee.

INITALS:

DocuSign or electronic signatures will not be accepted.

The Short-Term Rental Permit Fee effective December 6, 2023.

Please submit a check payable to the City of Visalia along with your application.

The Short-Term Rental Permit Fee is non-refundable.

PROPERTY OWNER NAME (PRINT) PROPERTY OWNER SIGNATURE DATE

NAME OF LLC (IF APPLICABLE)
By: Date:

CITY OF VISALIA - STAFF USE ONLY
PAGE 4 OF 4
Signature

SHORT-TERM RENTAL PERMIT APPLICATION

CITY OF VISALIA

C O M M U N I T Y D E V E L O P M E N T
WWW.VISALIA.CITY 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93292 1878
City of Visalia
November 18, 2024
ZTA No. 2024-04
1879
Zoning Text Amendment No. 2024-04:
• A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance
• Zoning: Residential Zones (all R-1 and R-M)
• Location: Citywide

PROJECT DESCRIPTION
1880
City Council Work Session
• Short-Term Rental (STR) work session held September 3, 2024. • Staff returned to the City Council with an update on the STR Ordinance “roll out” thus far. • Staff presented:
»The outreach performed to reach STR operators,
»How the implementation process returned only 45 applications by the time staff drafted the report, and,
»Presented alternative measures to ensure further compliance with the ordinance as Council ha directed six-months prior.
• Council directed staff to amend the STR Ordinance (Chapter 17.32.166) to:
• Address compliance fee assessment,
• Incorporate annual permitting requirements, and,
• To solicit software services that may help in capturing noncompliant STRs • Zoning Text Amendment (ZTA) No. 2024-04 is the city-initiated request to address revisions as directed by the City Council.
1881
Planning Commission Hearing
• Revisions to Short-Term Rental (STR) ordinance presented to Planning Commission November 12, 2024.
• At the meeting Staff:
•Presented revisions to the STR Ordinance.
•Received comment and responded to questions by the Planning Commission. •Received no public comment.
• Planning Commission voted 5-0 to recommend the City Council adopt the proposed changes unamended.
1882
Proposed Revisions to
VMC 17.32.166 Short-Term Rentals
• Addition of Section 17.32.166.E (Enforcement)
• New section coordinated with the Finance Department to:
• Identify enforcement language that explicitly identifies the penalty fee assessed for failure to comply with the STR ordinance and/or fail to apply for all the necessary applications / permits. • Penalty fees similar to the Solid Waste provisions of the municipal code. • The penalty amounts noted in the STR Ordinance for noncompliance, after first notice, are $100, $200, and $500.
1883
Proposed Revisions to
VMC 17.32.166 Short-Term Rentals
• Section 17.32.166 will be revised as follows:

E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.
1884
Proposed Revisions to
VMC 17.32.166 Short-Term Rentals
• Addition of Section 17.32.166.F (Annual renewal)
• Establishing an annual renewal STR permit process ensures that operators of STRs are fully aware and in compliance with the adopted regulations. • The Planning Division will notify STR operators to reapply for their permit. • The requirement for annual renewal will be one calendar year from the date the STR application is approved, with a 30-day deadline for applications to be submitted.
• Business Tax Division will continue to notify their customers regarding business tax bi-annual renewals as they currently do.
1885
Proposed Revisions to
VMC 17.32.166 Short-Term Rentals
• Section 17.32.166 will be revised as follows:

F. Annual renewal:

1. A Renewal Short-Term Rental Permit application accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Community Preservation Departmen annually prior to expiration of the Short-Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up t 30 calendar days after the date of expiration of the existing Short-Term Rental Permit. 1886
Proposed Revisions to
VMC 17.32.166 Short-Term Rentals
• Section 17.32.166 will be revised as follows:

F. Annual renewal:

2. If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2025, the renew Short-Term Rental Permit issuance date shall be January 1, 2026. 1887
Proposed Revisions to
VMC 17.32.166 Short-Term Rentals
• Section 17.32.166 will be revised as follows:

F. Annual renewal:

3. If a Renewal Short-Term Rental Permit application is not received prior to the expiration of a issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities at the property must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit shall apply. 1888

BASIS FOR FINDINGS
• The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
• The Zoning Text Amendment amends established objective standards to adequately address operational standards for short-term rentals, consistent with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city. • Adopt the first reading of Ordinance No. 2024-12 for Zoning Text Amendment No. 2024-04, which amends VMC Section 17.32.166 ShortTerm Rentals.

STAFF RECOMMENDS:

RECOMMENDATION
1889
2024
City of Visalia - Planning Division
1890
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0505 Agenda Date: 11/18/2024 Agenda #: 2.

Agenda Item Wording:

Appeal - A Public Hearing to consider an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2024-17: A request by Derek Finnegan / Lars Anderson & Associates to amend Conditional Use Permit No. 2019-31, for the establishment of a 172,000 square foot commercial building for the sale of general retail merchandise with a fuel dispensing service station and a car wash, within the Commons at Visalia Parkway Shopping Center, located in the C-R (Regional Commercial) Zone. The project site is located on the southwest corner of South Mooney Boulevard and West Visalia Parkway (APNs: 121-620-004, 005, 006, 007, 008, 013, 014).

Deadline for Action: 11/18/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] < mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council continue the public hearing item from the November 18, 2024, agenda to the December 3, 2024, meeting. Staff will re-notice the item for the December 3, 2024, City Council Meeting.

Summary
On October 14, 2024, the Visalia Planning Commission approved Conditional Use Permit No. 2024- 17, a request to establish a fuel dispensing service station and car wash within the Commons at Visalia Parkway Shopping Center, at the southwest corner of West Visalia Parkway and South Mooney Boulevard. Following approval of the request, two appeals were filed on October 24, 2024, requesting the City Council review and rescind the approval given by the Planning Commission. Per Visalia Municipal Code requirements, the appeal public hearing date was scheduled for November 18, 2024.

On November 5, 2024, staff received correspondence from Jim Shehadey, the property owner and project proponent, requesting the Visalia City Council continue the public hearing for Conditional Use Permit No. 2024-17 to the meeting of December 3, 2024, to provide additional time for him and his consultants to review and provide responses to the two appeals filed. Staff supports the applicant’s request for continuation of the public hearing to December 3, 2024, as the appeals total 65 pages in length and contain numerous claims that require substantial research and response.

A legal public hearing notice was noticed in the local newspaper for the November 18, 2024, meeting prior to the applicant submitting their letter requesting the appeal be heard on December 3rd. As rd
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File #: 24-0505 Agenda Date: 11/18/2024 Agenda #: 2.
noted above, staff will notice the item for the December 3rd, 2024, City Council meeting.

Fiscal Impact:

None.

Prior Council Action:

None.

Recommended Motion (and Alternative Motions if expected):

I move to continue the public hearing to consider an appeal of the Planning Commission’s approval of Conditional Use Permit No. 2024-17 to the meeting of December 3, 2024.

CEQA Review:

Not applicable at this time.

Attachments:

1. Correspondence from Jim Shehadey - November 5, 2024
Visalia City Council Page 2 of 2 Printed on 11/14/2024
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1893
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0206 Agenda Date: 11/18/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Tuesday, December 3, 2024 @ 7:00 p.m. at 707 W. Acequia Wednesday, December 11, 2024 @ 5:30 p.m. at 707 W. Acequia Monday, December 16, 2024 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and 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 contact 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.

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Visalia City CouncilNovember 18, 2024

Visalia City Council
November 18, 2024