Visalia City Council
November 18, 2024

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3. Assistance Listings Title.

4. Funding Opportunity Title.

5. Funding Opportunity Number

6. Authorizing Authority for Program..

7. Appropriation Authority for Program..

8. Announcement Type.

9. Program Category.

10. Program Overview, Objectives, and Priorities.

11. Performance Measures
B. Federal Award Information.
1 .Available Funding for the NOFO

2. Projected Number of Awards

3. Period of Performance

4. Projected Period of Performance Start Date(s)

5. Projected Period of Performance End Date(s)

6. Projected Budget Period(s)

7. Funding Instrument Type
C. Eligibility Information.

1. Eligible Applicants

2. Applicant Eligibility Criteria.

3. Subawards and Beneficiaries.
a. Subaward Allowability.
b. Subrecipient Eligibility.
c. Other Subaward Information.
d. Beneficiaries or Participants.

4. Other Eligibility Criteria/Restrictions.
a. National Incident Management System (NIMS) Implementation. b. Emergency Management Assistance Compact (EMAC) Membership. c. Law Enforcement Terrorism Prevention Activities (LETPA)

5. Cost Share or Match.

D. Application and Submission Information. 21

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1. Key Dates and Times.
a. Application Start Date: 04/16/2024.
b. Application Submission Deadline: 06/24/2024 at 5 p.m. ET. c. Anticipated Funding Selection Date: No later than August 23, 2024. d. Anticipated Award Date: No later than September 30, 2024. e. Other Key Dates:

2. Agreeing to Terms and Conditions of the Award.

3. Address to Request Application Package.

4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM.gov)

5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application

6. Electronic Delivery.

7. How to Register to Apply.
a. General Instructions:
b. Obtain an UEI Number:
c. Obtain Employer Identification Number
d. Create a login.gov account:
e. Register with SAM:
f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR:...

8. Submitting the Application.

9. Timely Receipt Requirements and Proof of Timely Submission.

10. Content and Form of Application Submission.
a. Standard Required Application Forms and Information. b. Program-Specific Required Forms and Information.

11. Other Submission Requirements
a. Fusion Center Investments
b. Emergency Communications Investments

12. Intergovernmental Review..

13. Funding Restrictions and Allowable Costs.
a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services
b. Pre-Award Costs.
c. Management and Administration (M&A) Costs.
d. Indirect Facilities & Administrative (F&A) Costs
e. Funds Transfer Restrictions.
f. Evaluation Costs

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g. Allowable Cost Matrix for SHSP, UASI, and OPSG.
h. SHSP and UASI Other Direct Costs.
i. OPSG Other Direct Costs
j. Unallowable Costs for SHSP, UASI, and OPSG.

E. Application Review Information. 63

1. Application Evaluation Criteria.
a. Programmatic Criteria.
b. Financial Integrity Criteria.
c. Supplemental Financial Integrity Criteria and Review..

2. Review and Selection Process.
a. SHSP and UASI
b. OPSG.

F. Federal Award Administration Information. 68

1. Notice of Award.

2. Pass-Through Requirements

3. Administrative and National Policy Requirements
a. DHS Standard Terms and Conditions.
b. Ensuring the Protection of Civil Rights
c. Environmental Planning and Historic Preservation (EHP) Compliance. d. National Incident Management System (NIMS) Implementation. e. Emergency Communication Investments.
f. Mandatory Disclosures

4. Reporting.

5. Monitoring and Oversight
G. DHS Awarding Agency Contact Information. 74

1. Contact and Resource Information.
a. Program Office Contact
b. FEMA Grants News
c. Grant Programs Directorate (GPD) Award Administration Division. d. FEMA Regional Offices.
e. Equal Rights.
f. Environmental Planning and Historic Preservation.

2. Systems Information.

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a. FEMA GO..
b. FEMA Preparedness Toolkit
H. Additional Information. 75

1. Termination Provisions
a. Noncompliance.
b. With the Consent of the Recipient
c. Notification by the Recipient

2. Program Evaluation.

3. Financial Assistance Programs for Infrastructure.
a. Build America, Buy America Act
b. Waivers.
c. Definitions.

4. Report issues of fraud, waste, abuse.

5. National Threat Evaluation and Reporting (NTER) Program Office. a. Behavioral Threat Assessment Integration.
b. Nationwide Suspicious Activity Reporting Initiative.

A. Program Description

1. Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD)

2. Assistance Listings Number

97.067

3. Assistance Listings Title
Homeland Security Grant Program

4. Funding Opportunity Title

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Fiscal Year 2024 Homeland Security Grant Program (HSGP) State Homeland Security Grant Program (SHSP)
Urban Area Security Initiative (UASI)
Operation Stonegarden (OPSG)

5. Funding Opportunity Number
DHS-24-GPD-067-00-98

6. Authorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)

7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2024, Pub. L. No. 118-47, Title III, Protection, Preparedness, Response, and Recovery (2024 DHS Appropriations Act)

8. Announcement Type
Initial

9. Program Category
Preparedness: Community Security

10. Program Overview, Objectives, and Priorities
a. Overview

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The Fiscal Year (FY) 2024 Homeland Security Grant Program (HSGP) is one of the three grant programs that constitute the DHS/FEMA focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, and respond to terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks.

In FY 2024, there are three components of the HSGP:

1. State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial (SLTT) efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.

2. Urban AreaSecurity Initiative (UASI): UASI assists high-threat, high-density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.

3. OperationStonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. SLTT law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority by participating in OPSG.

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Finally, for FY 2024, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other threats to our national security. The threats to our nation have evolved during the past two decades. We now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, and threats from domestic violent extremists, who represent one of the most persistent threats to the nation[1]. Therefore, for FY 2024, DHS has identified six priority areas (see Section A.10.b) related to the most serious threats to the nation, as well as required minimum funding allocations.

For a full list of SHSP and UASI recipients and a breakdown of OPSG funding by state for FY 2023, please refer to Information Bulletin (IB) 490a. b. Goals, Objectives, and Priorities
Goal: The HSGP will fund SLTT efforts and strengthen capabilities of SLTT governments to prevent, prepare for, protect against, and respond to terrorist attacks and other threats and hazards that pose the greatest risk to the security of the United States.

Objectives: HSGP provides resources that support eligible SLTT governments; high-density urban areas, and SLTT law enforcement along international land/water borders and travel corridors in meeting the following objectives:

Build and sustain core capabilities, including Law Enforcement and Terrorism Prevention Activities and the National Priority Areas (see priorities below); Address capability gaps identified in their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) process; and
Implement a comprehensive and coordinated approach to address enduring security needs of communities that includes planning, training and awareness campaigns, equipment and capital projects, and exercises.

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SHSP and UASI Funding Priorities: Given the evolving national security threat landscape, DHS/FEMA has evaluated the national risk profile and set priorities that help inform appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2024, six National Priority Areas pose the most concern. Due to the unique threats that the nation faces in 2024, DHS/FEMA has determined that recipients should allocate a total of 30% of their SHSP and UASI award funds across these six priority areas. As indicated below, one of the priorities has a minimum spend requirement totaling 3% of SHSP and UASI awards. Recipients will have the flexibility to allocate the remaining 27% across the priorities. The following are the six priority areas for FY 2024, along with the minimum corresponding percentage of SHSP and UASI funds that each recipient will be required to allocate:

1. Enhancing the protection of soft targets/crowded places – no minimum percent

2. Enhancing information and intelligence sharing and analysis – no minimum percent

3. Combating domestic violent extremism – no minimum percent

4. Enhancing cybersecurity – no minimum percent

5. Enhancing community preparedness and resilience – no minimum percent

6. Enhancing election security – 3%
Additional information about these priority areas and how they relate to achieving anti-terrorism capabilities is included in Section D of this NOFO. Failure by a recipient to propose investments and projects that align with the priority areas and spending requirements will result in a recipient having a portion of their SHSP and UASI funds (up to 30%) placed on hold until they provide projects that sufficiently align to the National Priority Areas, and total at least the minimum percentages per National Priority Area (as applicable) and overall 30% of total SHSP and UASI funds.

A state or high-risk urban area must allocate the remaining 70% of their funding to addressing capability gaps (e.g., building/sustaining capability and/or closing capability gaps) identified through their THIRA/SPR process.

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Likewise, there are several enduring security needs that crosscut the homeland security enterprise to which recipients should consider allocating funding across core capability gaps and national priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:

1. Effective planning[2];

2. Training and awareness campaigns;

3. Equipment and capital projects; and

4. Exercises.

The table below provides a breakdown of the FY 2024 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. More information on allowable investments can be found in the Section D.13 “Funding Restrictions and Allowable Costs” below and in the Preparedness Grants Manual (FM-207-23-001). DHS/FEMA anticipates that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through funding mechanisms other than DHS preparedness grants. The example project types in the table below are allowable to prepare for disasters unrelated to acts of terrorism as long as they also help achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

FY 2024 SHSP and UASI Funding Priorities
All priorities in this table concern the Safety and Security Lifelines.

Priority Areas Core Capabilities Example Project Types
National Priorities

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Priority Areas Core Capabilities Example Project Types
Enhancing
Cybersecurity Cybersecurity
Intelligence and
information
sharing
Planning
Public
information and
warning
Operational
coordination
Screening,
search, and
detection
Access control
and identity
verification
Supply chain
integrity and
security
Risk
management for
protection
programs and
activities
Long-term
vulnerability
reduction
Situational
assessment
Infrastructure
systems
Operational
communications
Cybersecurity risk assessments
Migrating online services to the “.gov”
internet domain
Projects that address vulnerabilities
identified in cybersecurity risk
assessments
Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by the Cybersecurity and
Infrastructure Security Agency and the
National Institute of Standards and
Technology Cybersecurity Framework
(Version 1.1)
Adoption of cybersecurity performance
goals (CISA's Cross-Sector
Cybersecurity Performance Goals)
Cybersecurity training and planning

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Priority Areas Core Capabilities Example Project Types
Enhancing the
Protection of
Soft Targets/
Crowded
Places
Operational
coordination
Public
information and
warning
Intelligence and
information
sharing
Interdiction and
disruption
Screening,
search, and
detection
Access control
and identity
verification
Physical
protective
measures
Risk
management for
protection
programs and
activities
Operational overtime. For more information
on operational overtime, see Section D of
this NOFO.

Physical security enhancements
Security cameras (closed-circuit
television [CCTV])
Security screening equipment for
people and baggage
Lighting
Access controls
Fencing, gates, barriers, etc.

Unmanned Aircraft Systems and detection
technologies

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Priority Areas Core Capabilities Example Project Types
Enhancing
information and
intelligence
sharing and
analysis
Intelligence and
information
sharing
Interdiction and
disruption
Planning
Public
information and
warning
Operational
coordination
Risk
management for
protection
programs and
activities
Fusion Center projects
Information sharing with all DHS
components; fusion centers; other
operational, investigative, and analytic
entities; and other federal law enforcement
and intelligence entities
Cooperation with DHS officials and other
entities designated by DHS in intelligence,
threat recognition, assessment, analysis,
and mitigation
Identification, assessment, and reporting of
threats of violence
Intelligence analysis training and planning
Coordinating the intake, triage, analysis,
and reporting of tips/ leads and suspicious
activity, to include coordination with the
Nationwide Suspicious Activity Reporting
(SAR) Initiative (NSI)

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Priority Areas Core Capabilities Example Project Types
Combating
Domestic
Violent
Extremism
Interdiction and
disruption
Intelligence and
information
sharing
Planning
Public
information and
warning
Operational
coordination
Risk
management for
protection
programs and
activities
Open-source analysis of disinformation
and misinformation campaigns, targeted
violence and threats to life, including
tips/leads, and online/social media-based
threats
Sharing and leveraging intelligence and
information, including open-source
analysis
Development, implementation, and
execution of threat assessment and
management programs to identify,
evaluate, and analyze indicators and
behaviors indicative of terrorism and
targeted violence
Training, awareness, and outreach
programs to help identify and prevent
radicalization, and report potential
instances of terrorism and targeted
violence

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Priority Areas Core Capabilities Example Project Types
Enhancing
Community
Preparedness
and Resilience
Planning
Public
Information and
Warning
Community
Resilience
Risk
Management for
Protection
Programs and
Activities
Mass Care
Services
Intelligence and
Information
Sharing
Risk and Disaster
Resilience
Assessment
Long Term
Vulnerability
Reduction
Establish, train, and maintain Community
Emergency Response Teams (CERT) and
Teen CERT, with a focus on historically
undeserved communities, including
procurement of appropriate tools,
equipment, and training aides
Local delivery of CERT Train-theTrainer and CERT Program Manager to build local program training and
maintenance capacity
Provide continuity training, such as
FEMA’s Organizations Preparing for
Emergency Needs training, to faith-based
organizations, local businesses, and
community-based organizations, such as
homeless shelters, food pantries, nonprofit
medical providers, and senior care facilities
to bolster their resilience
Partner with local school districts to deliver
the Student Tools for Emergency Planning
curriculum or other educational
programming to guide students on how to
create emergency kits and family
communications plans
Partner with key stakeholders to assist with
completing the Emergency Financial First
Aid Kit or a similar tool to bolster the
disaster centric financial resilience of
individuals and households
Execute You are the Help Until the Help
Arrives workshops in concert with
community-based organizations to bolster
individual preparedness
Target youth preparedness using FEMA
programing such as Prepare with Pedro
resources and Ready2Help
Promote community planning,
coordination, and integration of children’s
needs during emergencies through
workshops like FEMA’s Integrating the
Needs of Children
Community Mapping: identify community
resources and characteristics in order to
identify gaps in resources, identify hazards
and vulnerabilities, and inform action to
promote resilience
Provide training and awareness programs
with key stakeholders (e.g., through social
media, community and civic organizations,
etc.) to educate the public on
misinformation and disinformation
campaigns to increase individual and

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Priority Areas Core Capabilities Example Project Types
Enhancing
Election
Security
Cybersecurity
Intelligence and
information
sharing
Planning
Long-term
vulnerability
reduction
Situational
assessment
Infrastructure
systems
Operational
coordination
Community
resilience
Physical security planning support
Physical/site security measures – e.g.,
locks, shatter proof glass, alarms, access
controls, etc.

General election security navigator support
Cyber navigator support
Cybersecurity risk assessments, training,
and planning
Projects that address vulnerabilities
identified in cybersecurity risk
assessments
Iterative backups, encrypted backups,
network segmentation, software to
monitor/scan, and endpoint protection
Distributed Denial of Service protection
Migrating online services to the “.gov”
internet domain
Online harassment and targeting
prevention services
Public awareness/preparedness
campaigns discussing election security
and integrity measures
Enduring Needs

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Priority Areas Core Capabilities Example Project Types
Planning
Planning
Risk
management for
protection
programs and
activities
Risk and disaster
resilience
assessment
Threats and
hazards
identification
Operational
coordination
Community
resilience
Development of:

Security Risk Management Plans
Threat Mitigation Plans
Continuity of Operations Plans
Response Plans
Vulnerability Assessments
Assessments should consider the
impacts of climate change on
investments to close identified
security gaps[3]
Efforts to strengthen governance
integration between/among regional
partners
Joint training and planning with DHS
officials and other entities designated by
DHS
Cybersecurity training and planning
Revision of existing plans to strengthen
community resilience in underserved
communities
Training and
Awareness Long-term
vulnerability
reduction
Public
information and
warning
Operational
coordination
Situational
assessment
Community
resilience
Active shooter training, including
integrating the needs of persons with
disabilities
Intelligence analyst training
SAR and terrorism indicators/behaviors
training
Security training for employees
Public awareness/preparedness
campaigns
Cybersecurity training and planning
Sharing and leveraging intelligence and
information
Targeted outreach and preparedness
training for underserved communities in
conjunction with community-based
organizations

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Priority Areas Core Capabilities Example Project Types
Equipment and
Capital Projects Long-term
vulnerability
reduction
Infrastructure
systems
Operational
communications
Interdiction and
disruption
Screening,
search and
detection
Access control
and identity
verification
Physical
protective
measures
Protection of high-risk, high-consequence
areas or systems that have been identified
through risk assessments
Physical security enhancements
Security cameras (CCTV)
Security screening equipment for
people and baggage
Lighting
Access Controls
Fencing, gates, barriers, etc.

Enhancing Weapons of Mass Destruction
and/or improvised explosive device
prevention, detection, and response
capabilities
Chemical/Biological/Radiological/
Nuclear/Explosive detection, prevention,
and response equipment
Exercises
Long-term
vulnerability
reduction
Operational
coordination
Operational
communications
Community
resilience
Response exercises, including exercise
planning with community-based
organizations
For FY 2024, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for the National Priority Area with a minimum spend requirement (Enhancing Election Security). The investment must also account for at least the relevant minimum percentage (totaling 3%) of the applicant’s SHSP and UASI allocation. State Administrative Agencies (SAAs) may submit complete projectPage 18 of 126 Page printed at fema.gov/grants/preparedness/homeland-security/fy-24-nofo 04/18/2024 723
level information at the time of application, including the National Priority Area IJs, but are not required to do so. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to achieving target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism.

DHS/FEMA also requires SHSP and UASI recipients (states, territories, and highrisk urban areas) to complete a THIRA/SPR and prioritize grant funding to support building capability and/or closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System tools and resources, can be found at National Preparedness System | FEMA.gov.

Detailed information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual.

OPSG Funding Priorities: The table below provides a breakdown of the FY 2024 OPSG funding priority, which remains focused on and unique to border security.

FY 2024 OPSG Funding Priority
Priority Areas Core
Capabilities Lifelines Example Project Types
National Priorities

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Priority Areas Core
Capabilities Lifelines Example Project Types
Enhancing
information and
intelligence sharing
and analysis, and
cooperation with
federal agencies,
including DHS
Intelligence
and
information
sharing
Safety
and
Security
Participation in the
DHS/ICE 287(g) training
program
Information sharing with all
DHS components; fusion
centers; other operational,
investigative, and analytic
entities; and other federal
law enforcement and
intelligence entities
Cooperation with DHS
officials and other entities
designated by DHS in
intelligence, threat
recognition, assessment,
analysis, and mitigation
Identification, assessment,
and reporting of threats of
violence
Joint intelligence analysis
training and planning with
DHS officials and other
entities designated by DHS
For FY 2024, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses the national priority identified above. c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan Among the five basic homeland security missions noted in the DHS Strategic Plan for Fiscal Years 2020-2024, the HSGP supports the goal to Strengthen National Preparedness and Resilience.

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The 2022-2026 FEMA Strategic Plan outlines three goals designed to position FEMA to address the increasing range and complexity of disasters, support the diversity of communities we serve, and complement the nation’s growing expectations of the emergency management community. The HSGP supports FEMA’s efforts to achieve equitable outcomes for those we serve (Goal 1) and to promote and sustain a prepared nation (Goal 3). We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient nation.

11. Performance Measures
Performance metrics for this program:

SHSP and UASI:

Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above Percentage of funding and projects allocated by the recipient that align to capability gaps identified through the THIRA/SPR process Percentage of projects identified by the recipient that address a capability gap in a core capability that has a target(s) rated as high FEMA will calculate and analyze the above metrics through a review of state/territory and urban area SPR submissions and required programmatic reports.

OPSG:

Number of contacts that occurred as a result of OPSG deployments Number of arrests that resulted from OPSG contacts
Value of drug seizures that resulted from OPSG contacts B. Federal Award Information

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1. Available Funding for the NOFO:
$1,008,000,000
HSGP Programs FY 2024 Allocation
SHSP $373,500,000
UASI $553,500,000
OPSG $81,000,000
Total $1,008,000,000
SHSP Allocations
For FY 2024, DHS/FEMA will award SHSP funds based on DHS/FEMA’s relative risk methodology and statutory minimums pursuant to the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocations or awards.

Each state and territory will receive a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. All 50 States, the District of Columbia, and the Commonwealth of Puerto Rico will receive 0.35% of the total funds allocated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. Each of the four

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territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S.

Virgin Islands) will receive a minimum allocation of 0.08% of the total funds allocated for grants under Sections 2003 and 2004 of the Homeland Security Act of 2002, as amended.

Each state must include a separate IJ for the National Priority Area with a minimum spend requirement (Enhancing Election Security). All projects related to the minimum spend for the National Priority Area must be included in the IJ. For this National Priority Area with a minimum spend percentage requirement, the funding level in that National Priority Area investment must equal or exceed 3%, calculated as a percentage of the state’s SHSP allocation in the table below.

The funding levels across all six National Priority Areas must equal or exceed 30% of the total SHSP allocation.

FY 2024 SHSP Allocations
State/Territory FY 2024
Allocation State/Territory FY 2024Allocation
Alabama
$4,362,750
Montana
$4,362,750
Alaska
$4,362,750
Nebraska
$4,362,750
American Samoa
$997,200
Nevada
$4,362,750
Arizona
$4,362,750
New Hampshire
$4,362,750

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State/Territory FY 2024
Allocation State/Territory FY 2024Allocation
Arkansas
$4,362,750
New Jersey
$6,367,357
California
$51,332,060
New Mexico
$4,362,750
Colorado
$4,362,750
New York
$61,229,940
Connecticut
$4,362,750
North Carolina
$4,576,849
Delaware
$4,362,750
North Dakota
$4,362,750
District of
Columbia $4,576,849
Northern Mariana
Islands $997,200
Florida
$8,409,514
Ohio
$5,571,852
Georgia
$4,759,790
Oklahoma
$4,362,750
Guam
$997,200
Oregon
$4,362,750
Hawaii
$4,362,750
Pennsylvania
$7,322,627

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State/Territory FY 2024
Allocation State/Territory FY 2024Allocation
Idaho
$4,362,750
Puerto Rico
$4,362,750
Illinois
$12,505,419
Rhode Island
$4,362,750
Indiana
$4,362,750
South Carolina
$4,362,750
Iowa
$4,362,750
South Dakota
$4,362,750
Kansas
$4,362,750
Tennessee
$4,362,750
Kentucky
$4,362,750
Texas
$16,389,406
Louisiana
$4,362,750
U.S. Virgin Islands
$997,200
Maine
$4,362,750
Utah
$4,362,750
Maryland
$6,367,357
Vermont
$4,362,750
Massachusetts
$5,571,852
Virginia
$7,322,627

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State/Territory FY 2024
Allocation State/Territory FY 2024Allocation
Michigan
$4,576,849
Washington
$5,571,852
Minnesota
$4,362,750
West Virginia
$4,362,750
Mississippi
$4,362,750
Wisconsin
$4,362,750
Missouri
$4,362,750
Wyoming
$4,362,750
Total
$373,500,000
UASI Allocations
Eligible candidates for the FY 2024 UASI program are identified in the table below.

Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSA) in the United States, in accordance with the Homeland Security Act of 2002, as amended.

Detailed information on MSAs is publicly available from the United States Census Bureau at Metropolitan and Micropolitan (census.gov). THIRA/SPR results do not impact grant allocations or awards.

The Metropolitan Areas Standardization and Protection (MAPS) Act of 2021 (P.L. 117-219) prohibits automatically updating core-based statistical areas, which are used to delineate MSAs, for grantmaking. The MAPS Act requires that FEMA issue notice-and-comment rulemaking to make any changes. Should changes be

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necessary in FY 2024, FEMA will issue notice-and-comment rulemaking within the statutorily defined guidelines.

The following table identifies the UASI allocations for each high-risk urban area based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended.

In its application, each high-risk urban area, through the state, must include a separate IJ for the National Priority Area with a minimum spend requirement (Enhancing Election Security). All projects related to the minimum spend for the National Priority Area must be included in the IJ. For the National Priority Area with a minimum spend percentage requirement, the funding level in that National Priority Area investment must equal or exceed 3%, calculated as a percentage of the urban area’s UASI allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30% of the total UASI allocation.

FY 2024 UASI Allocations
State/Territory Funded Urban Area FY 2024 UASI Allocation Arizona Phoenix Area
$4,712,190
California Anaheim/Santa Ana Area
$4,712,190
Bay Area
$32,754,895

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State/Territory Funded Urban Area FY 2024 UASI Allocation Los Angeles/Long
Beach Area $59,395,378
Riverside Area
$3,500,484
Sacramento Area
$3,410,728
San Diego Area
$14,760,877
Colorado Denver Area
$3,500,484
District of Columbia National Capital Region
$45,201,207
Florida Jacksonville Area
$1,346,340
Miami/Fort Lauderdale Area
$13,040,425
Orlando Area
$3,410,728
Tampa Area
$3,410,728

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State/Territory Funded Urban Area FY 2024 UASI Allocation Georgia Atlanta Area
$6,911,212
Hawaii Honolulu Area
$1,346,340
Illinois Chicago Area
$59,395,378
Indiana Indianapolis Area
$1,476,785
Louisiana New Orleans Area
$1,476,785
Maryland Baltimore Area
$3,410,728
Massachusetts Boston Area
$14,941,233
Michigan Detroit Area
$4,712,190
Minnesota Twin Cities Area
$4,712,190
Missouri Kansas City Area
$1,476,785

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State/Territory Funded Urban Area FY 2024 UASI Allocation St. Louis Area
$3,410,728
Nevada Las Vegas Area
$4,712,190
New Jersey Jersey City/Newark Area
$16,722,687
New York New York City Area
$156,131,176
North Carolina Charlotte Area
$3,410,728
Ohio Cincinnati Area
$1,476,785
Cleveland Area
$1,476,785
Columbus Area
$1,500,000
Oregon Portland Area
$3,410,728
Pennsylvania Philadelphia Area
$14,941,233

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State/Territory Funded Urban Area FY 2024 UASI Allocation Pittsburgh Area
$1,476,785
Tennessee Nashville Area
$1,346,340
Texas Austin Area
$1,346,340
Dallas/Fort Worth/Arlington Area
$14,941,233
Houston Area
$21,748,776
San Antonio Area
$3,410,728
Virginia Hampton Roads Area
$3,410,728
Washington Seattle Area
$5,609,750
Total
$553,500,000
OPSG Allocations

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For FY 2024, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2024 OPSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the state’s application as described in Section D, below. The THIRA/SPR process is not required for OPSG.

For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence.

Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses.

The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.

Threat and vulnerability are evaluated based on specific operational data from DHS/CBP. Threat components present in each of the sectors are used to determine the overall threat score. These components are terrorism, criminal aliens, drug trafficking organizations, and alien smuggling organizations.

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Effectiveness of the proposed investments will be evaluated based on the recipient’s investment strategy, budget, collaboration, and past performance.

2. Projected Number of Awards 56

3. Period of Performance: 36
months
Extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to the Preparedness Grants Manual.

4. Projected Period of Performance Start Date(s):
09/01/2024

5. Projected Period of Performance End Date(s):
08/31/2027

6. Projected Budget Period(s)
There will be only a single budget period with the same start and end dates as the period of performance.

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7. Funding Instrument Type: Grant
C. Eligibility Information

1. Eligible Applicants
The SAA is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes through the SAA.

2. Applicant Eligibility Criteria
The SAA is the only eligible applicant.

An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee, personnel, official, staff, or leadership of the non-federal entity; and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of application.

Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff, or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient.

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3. Subawards and Beneficiaries
a. Subaward Allowability
Subawards are allowed under the HSGP. The recipient (the SAA) is awarded, and then any funds passed through to other state or local entities (subrecipients) are considered subawards.
b. Subrecipient Eligibility
Eligible high-risk urban areas for the FY 2024 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous MSAs in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas.

For 2024, each SAA is strongly encouraged to re-evaluate its process for collecting and evaluating subaward applications. FEMA encourages each SAA to minimize the type and quantity of information that it collects as part of the subaward application process, in order to decrease the overall financial and time burden associated with applying for subawards under this grant program. Each SAA should review its subaward application and reduce or eliminate the request for any information that is not needed for legal, financial, or oversight purposes.

In FY 2024, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and federally recognized tribal governments in states bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.

In FY 2024, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of

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government at the county level or equivalent and federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county. Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP. c. Other Subaward Information
Please see the following sections for additional information on requirements or restrictions related to subawards/subrecipients:

Section D.4 “Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management”;
Section D.10.b “Program-Specific Required Forms and Information”; Section D.13 “Funding Restrictions and Allowable Costs”; Section F.2 “Pass-Through Requirements”;
Section F.3.b “Ensuring the Protection of Civil Rights”; Section F.5 “Monitoring and Oversight”;
Section G.1.f “Environmental Planning and Historic Preservation”; Section H.1 “Terminations Provisions”;
Section H.2 “Program Evaluation”; and
Section H.3 “Financial Assistance Programs for Infrastructure.” Additionally, please see the Preparedness Grants Manual for further information on requirements or restrictions related to subawards/subrecipients. d. Beneficiaries or Participants

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This NOFO and any subsequent federal awards create no rights or causes of action for any participant or beneficiary.

4. Other Eligibility Criteria/Restrictions
a. National Incident Management System (NIMS) Implementation Prior to allocation of any federal preparedness awards, recipients must ensure and maintain adoption and implementation of NIMS, including implementation of important operational systems defined under NIMS, such as the Incident Command System (ICS). The list of objectives used for progress and achievement reporting is on FEMA’s website at https://www.fema.gov/emergencymanagers/nims/implementation-training.

Please see the Preparedness Grants Manual for more information on NIMS. b. Emergency Management Assistance Compact (EMAC) Membership In support of the National Preparedness Goal (the Goal), SHSP recipients must belong to, be in, or act as a temporary member of the EMAC, except for the American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to the EMAC at this time. All assets supported in part or entirely with FY 2024 HSGP funding must be readily deployable and NIMS-typed, when possible, to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Information Systems, interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers. c. Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25% of grant funding appropriated for grants awarded under HSGP’s authorizing statute are used for LETPAs. For FY 2024, DHS/FEMA is requiring that at least 35% of grant funding appropriated under HSGP is used for LETPA. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 35% of the combined HSGP funds allocated under SHSP and UASI towards LETPAs, as

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defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 35% LETPA allocation may be met by funding projects in any combination of the six National Priority Areas identified above and any other investments. The 35% LETPA allocation requirement is in addition to the 80% pass-through requirement to local units of government and tribes, referenced below. Information Bulletin (IB) 485 includes the most up-to-date information on project selection considerations and allowable activities for LETPA investments and compliments IB 473. Both IBs are applicable to the FY 2024 HSGP NOFO.

More information on allowable investments can also be found in the Allowable Costs Matrix section below.

The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to identify, prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator.

In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. More information about operational overtime costs can be found in Section D.13 “Funding Restrictions and Allowable Costs” below.

5. Cost Share or Match
There is no cost share or match requirements for the FY 2024 HSGP.

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D. Application and Submission Information

1. Key Dates and Times
a. Application Start Date: 04/16/2024
b. Application Submission Deadline: 06/24/2024 at 5 p.m. ET All applications must be received by the established deadline.

FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the AOR role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission.

For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.

FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.

Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means the following: prior to the application deadline and within 48 hours after the applicant became aware of the issue.

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A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at [email protected] or (877) 585- 3242, Monday through Friday, 9:00 AM – 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Preparedness Officer or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET.
c. Anticipated Funding Selection Date: No later than August 23, 2024 d. Anticipated Award Date: No later than September 30, 2024 e. Other Key Dates:

Event Suggested Deadline for Completion
Obtaining Unique Entity Identifier (UEI)
number
Four weeks before actual submission
deadline
Obtaining a valid Employer Identification
Number (EIN)
Four weeks before actual submission
deadline
Creating an account with login.gov Four weeks before actual submission deadline
Registering in SAM or updating SAM
registration
Four weeks before actual submission
deadline
Registering Organization in FEMA GO Prior to beginning application Submitting complete application in FEMA GO One week before actual submission deadline

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2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/.

4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM.gov)
Each applicant, unless they have a valid exception under 2 CFR §25.110, must:

1. Be registered in Sam.Gov before application submission.

2. Provide a valid UEI in its application.

3. Continue to always maintain an active SAM registration with current information during the federal award process. Note: Per 2 C.F.R. § 25.300, subrecipients are NOT required to go through the full SAM registration process. First-tier subrecipients (meaning entities receiving funds directly from the recipient) are only required to obtain a UEI through SAM, but they are not required to complete the full SAM registration in order to obtain a UEI. Recipients may not make subawards unless the subrecipient has obtained and provided the UEI.

Lower-tier subrecipients (meaning entities receiving funds passed through by a higher-tier subrecipient) are not required to have a UEI and are not required to register in SAM. Applicants are also not permitted to require subrecipients to complete a full registration in SAM beyond obtaining the UEI.

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5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application
Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines. Please review the table above for estimated deadlines to complete each of the steps listed. Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.

To apply for an award under this program, all applicants must:

1. Apply for, update, or verify their UEI number and Employer Identification Number (EIN) from the Internal Revenue Service;

2. In the application, provide an UEI number;

3. Have an account with login.gov;

4. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;

5. Register in FEMA GO, add the organization to the system, and establish the AOR. The organization’s electronic business point of contact (EBiz POC) from the SAM registration may need to be involved in this step. For step-bystep instructions, see https://www.fema.gov/grants/guidance-tools/femago/startup

6. Submit the complete application in FEMA GO; and

7. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but

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also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting [email protected] and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.

6. Electronic Delivery
DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.

For this funding opportunity, FEMA requires applicants to submit applications through FEMA GO.

7. How to Register to Apply

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a. General Instructions:

Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission.

Organizations must have an UEI number, an EIN, and an active SAM registration to apply for a federal award under this funding opportunity. b. Obtain an UEI Number:

All entities applying for funding, including renewal funding, must have a UEI number. Applicants must enter the UEI number in the applicable data entry field on the SF-424 form.

For more detailed instructions for obtaining a UEI number, refer to: SAM.gov c. Obtain Employer Identification Number
All entities applying for funding must provide an Employer Identification Number (EIN). The EIN can be obtained from the IRS by visiting:
https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-anemployer-identification-number-ein-online. d. Create a login.gov account:

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Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here:
https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c8323-a62b99571fd3.

Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked.

For more information on the login.gov requirements for SAM registration, refer to:
https://www.sam.gov/SAM/pages/public/loginFAQ.jsf.
e. Register with SAM:

All applicants applying online through FEMA GO must register with SAM. Failure to register with SAM will prevent an applicant from completing the application in FEMA GO. SAM registration must be renewed annually. Organizations will be issued a UEI number with the completed SAM registration.

For more detailed instructions for registering with SAM, refer to https://apply07.grants.gov/help/html/help/Register/RegisterWithSAM.htm Note: Per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.
i. Additional SAM Reminders
Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.” Please allow plenty of time before the grant application submission deadline to obtain an UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours

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before FEMA’s system recognizes the information.

It is imperative that the information applicants provide is correct and current.

Please ensure that your organization’s name, address, and EIN are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration.
ii. Help with SAM
The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at https://www.fsd.gov/fsd-gov/home.do or call toll free (866) 606-8220. f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR:

Applicants must register in FEMA GO and add their organization to the system.

The organization’s electronic business point of contact (EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/grants/guidance-tools/fema-go/startup Note: FEMA GO will support only the most recent major release of the following browsers:
· Google Chrome
· Internet Explorer
· Mozilla Firefox
· Apple Safari
· Microsoft Edge
Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO.

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8. Submitting the Application
Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the Forms tab under the https://grants.gov/forms/forms-repository/sf424-family Applicants should review these forms before applying to ensure they have all the information required.

After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application.

For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D of this NOFO.

9. Timely Receipt Requirements and Proof of Timely
Submission
All applications must be completed in FEMA GO by the application deadline.

FEMA GO automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the AOR role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the application.

Applicants who experience system-related issues will be addressed until 3:00 PM ET on the date applications are due. No new system-related issues will be addressed after this deadline. Applications not received by the application submission deadline will not be accepted.

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10. Content and Form of Application Submission
a. Standard Required Application Forms and Information
Generally, applicants have to submit either the non-construction forms (i.e., SF424A and SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning that applicants that only have construction work and do not have any nonconstruction work need only submit the construction forms (i.e., SF-424C and SF424D) and not the non-construction forms (i.e., SF-424A and SF-424B), and vice versa. However, applicants who have both construction and non-construction work under this program need to submit both the construction and non-construction forms.

The following forms or information are required to be submitted via FEMA GO.

The Standard Forms (SF) are also available at https://grants.gov/forms/formsrepository/sf-424-family · SF-424, Application for Federal Assistance
· Grants.gov Lobbying Form, Certification Regarding Lobbying · SF-424A, Budget Information (Non-Construction)
o For construction under an award, submit SF-424C, Budget Information (Construction), in addition to or instead of SF-424A · SF-424B, Standard Assurances (Non-Construction)
o For construction under an award, submit SF-424D, Standard Assurances (Construction), in addition to or instead of SF-424B · SF-LLL, Disclosure of Lobbying Activities
b. Program-Specific Required Forms and Information

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The following program-specific forms or information are required to be submitted in FEMA GO:

Investment Justification (SHSP and UASI)
Concept of Operations (OPSG)
Operations Orders (OPSG)
Detailed Budgets
i. IJ Development: SHSP and UASI
As part of the FY 2024 HSGP application process for SHSP and UASI funds, applicants must develop formal IJs that address the proposed investments. Failure to fulfill all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the IJs submitted to meet the minimum percent spend requirement for the National Priority Areas. Failure to sufficiently align projects to the National Priority Areas and meet the minimum percent spend requirement will result in funds being placed on hold until those issues are addressed.

FY 2024 SHSP and UASI applications must include one (1) IJ and at least one (1) respective project for the one National Priority Area with a minimum spend requirement (Enhancing Election Security) identified in this NOFO. This IJ must also meet or exceed the minimum percent spend requirement based on the applicant’s SHSP and UASI allocation stated in this NOFO. All projects associated with the minimum spend of a National Priority Area must be submitted in the same IJ. SAAs may submit complete project-level information at the time of application but are not required to do so at the time of application.

However, any SHSP or UASI application that does not include IJs that (1) meet the minimum spend requirement for the Enhancing Election Security priority area and (2) meet the overall 30% spending requirement across the National Priority Areas will have that funding placed on hold (up to the National Priority Area minimum percent and up to 30% of the total SHSP or UASI allocations) until those IJs and project-level details that sufficiently address the National Priority Areas are received and approved by DHS/FEMA.

Each IJ must demonstrate how proposed investments:
i. Support terrorism preparedness; and

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ii. Support building capability and/or closing capability gaps or sustaining capabilities identified in the community’s THIRA/SPR process.

Each IJ must explain how the proposed investments will support the applicant’s efforts to:
i. Prevent a threatened or an actual act of terrorism;
ii. Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness;
iii. Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
iv. Respond quickly and equitably to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.

If not included in the application, SHSP and UASI recipients must submit complete project-level information for each SHSP and UASI IJ as part of the Biannual Strategic Implementation Report (BSIR) due by January 30, 2025. This includes IJs for the National Priority Areas.

DHS/FEMA will evaluate the effectiveness of the projects submitted in support of the National Priority Areas, either at the time of application or as part of the December 2024 BSIR due January 30, 2025. DHS/FEMA will not reduce FY 2024 HSGP awards based on the effectiveness review but will work with recipients to ensure compliance with the National Priority Area requirements based on the results of the effectiveness review. Recipients and subrecipients will not be permitted to expend funding under the National Priority Areas until the effectiveness of the proposed projects has been reviewed and confirmed by FEMA.

II. Development of Investments and Projects: SHSP and UASI

1. Applicants must propose at least two (2) and may include up to 12 investments.

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2. Within each investment, applicants must propose at least one project to describe the activities they plan to implement with SHSP and UASI funds.

There is no limit to the number of projects that may be submitted.

3. Required National Priority Area IJs must include the name of the priority in the investment name for easy identification.

4. All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including:

Project name;
Project description;
Subrecipient name, if applicable;
Recipient type (e.g., state or local);
Project location (zip code of the primary location of the project); Primary core capability the project supports;
Whether the project activities are shareable and deployable; and Which National Priority Area (if any) the project supports.

5. Projects should describe how the proposed investment supports building capability and/or closing capability gaps or sustaining capabilities identified in the THIRA/SPR process.

6. FEMA encourages states to use any DHS provided assessments, such as those performed by DHS’s Protective Security Advisors and Cybersecurity Advisors, when developing their IJs.

III. National Priority Area Investments: SHSP and UASI
States are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.

Soft Targets/Crowded Places (no minimum percent)
Soft targets and crowded places are increasingly appealing to terrorists and other violent extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not

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incorporate strict security measures. Given the increased emphasis by terrorists and other violent extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, polling places, and similar facilities.

Additionally, it is important that personnel responding to incidents at these locations are trained on key operational systems, such as ICS, to ensure proper command, control, and coordination of on-scene incident management.

The malicious use of unmanned aircraft systems poses a threat to the safety and security of the American people, communities, and institutions. Technologies to detect or mitigate unmanned aircraft systems are an allowable use under the HSGP in accordance with the Domestic Counter-Unmanned Aircraft Systems (UAS) National Action Plan. Recipients should ensure that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, they seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws which may apply to the use of such technologies.

While not required, applicants are encouraged to submit an investment related to protecting soft targets/crowded places. The proposed investment will be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments. States are encouraged to engage DHS’ Protective Security Advisors’ security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding.

Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.

Information and Intelligence Sharing (no minimum percent)

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Effective homeland security operations rely on access to, analysis of, and the timely sharing of open source, unclassified, and classified information, suspicious activity reports, tips/leads, and actionable intelligence on indicators and behaviors to accurately identify, assess, and mitigate a wide array of threats against the United States, including terrorism, threats to life, targeted violence, and other threats within the DHS mission space. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, tribal, and territorial governments and private sector partners. Cooperation and information sharing among state, local, tribal, territorial, and federal partners across all areas of the homeland security enterprise, including counterterrorism, while upholding privacy, civil rights, and civil liberties protections, is critical to homeland security operations and the prevention of, preparation for, protection against, and response to acts of terrorism, and other threats to life and criminal acts of targeted violence.

Counterterrorism includes both international and domestic terrorism, cybersecurity, border security, transnational organized crime, immigration enforcement, economic security, and other areas.

While there is no minimum spend for this National Priority Area, applicants are required to include at least one dedicated fusion center project under this priority area. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness. The proposed investment will be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis.

Domestic Violent Extremism (no minimum percent)

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As stated in the Homeland Threat Assessment 2024, terrorism, including domestic violent extremism, remains a top threat to the Homeland. Domestic violent extremists capitalize on social and political tensions, which have resulted in an elevated threat environment. They utilize social media platforms and other technologies to spread violent extremist ideologies that encourage violence and influence action within the United States.

While not required, applicants are encouraged to submit an investment related to combatting the rise, influence, and spread of domestic violent extremism.

Investments under this priority may include the development, implementation, and execution of prevention-focused program and initiatives, such as threat assessment and management programs to identify, evaluate, and analyze indicators and behaviors indicative of terrorism and targeted violence. The investment will be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Additional resources and information regarding domestic violent extremism are available through Center for Prevention Programs and Partnerships | Homeland Security (dhs.gov).

Cybersecurity (no minimum percent)
Today’s world is more interconnected than ever before, but with increased connectivity comes increased risk of our adversaries, including terrorists, exploiting cyber vulnerabilities and weaknesses to disrupt our way of life. While not required, applicants are encouraged to submit an investment related to their ongoing or near-term high priority cybersecurity projects. The investment will be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients of FY 2024 HSGP grant awards who do not accept the funding allocated to them through the FY 2024 State and Local Cybersecurity Grant Program (SLCGP) will be required to complete the 2024 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity

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posture. Completion of the NCSR is optional for all other recipients of FY 2024 HSGP funding. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2024 NCSR is estimated to be open from October 2024 through February 2025.

The NCSR is an annual requirement for recipients of SLCGP grant awards (and for those HSGP recipients who do not accept their allocated SLCGP funding) and is taken once for each fiscal year award.

Additional resources and information regarding cybersecurity and cybersecurity performance goals are available through the Cybersecurity and Infrastructure Security Agency, Cross-Sector Cybersecurity Performance Goals | CISA, and the National Institute of Standards and Technology.

Community Preparedness and Resilience (no minimum percent) Community organizations are the backbones of American civic life, both during “blue skies” and in the aftermath of terrorist attacks. Community organizations, such as homeless shelters, food banks, public libraries, faith-based institutions, and nonprofit medical providers must have the capabilities to withstand acts of terrorism and provide essential services, especially to members of underserved communities, in the aftermath of an attack. In addition, individual citizens and volunteer responders, such as Community Emergency Response Teams, are often the first on the scene after a terrorist attack. The ability of these volunteers to provide assistance to their fellow citizens prior to the arrival of professional first responders is paramount to a community’s resilience. According to FEMA’s 2023 National Household Survey, only 57% of adults have taken at least three preparedness actions to bolster individual and household resilience. . In addition, the COVID-19 pandemic has placed a significant burden on community-based organizations such as homeless shelters, food banks, public libraries, faith-based institutions, and nonprofit medical providers to continue to provide key services during and after disasters, including acts of terrorism. This National Priority Area will bolster community preparedness and resilience by investing in local, community-driven capabilities.

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Additionally, equity in emergency management requires proactively prioritizing actions that reinforce cultural competency, accessibility, and inclusion, as well as reflect the historical context of specific groups of people. To that end, states, territories, and high-risk urban areas are strongly encouraged to explore how SHSP- and UASI-funded activities can address the needs of underserved, at-risk communities to help ensure consistent and systematic, fair, just, and impartial treatment of all individuals before, during, and after a disaster, consistent with applicable law.

The focus on equity and investing in strategies that meet the needs of underserved communities will strengthen the whole of community system of emergency management. Substantial and ongoing prioritization of, and investment in, underserved communities is essential for the entire system to be effective and efficient. Engaging the whole community requires all members of the community to be part of the emergency management team, including representatives of underserved communities, diverse community members, social and community service groups and institutions, faith-based and disability advocacy groups, academia, professional associations, the private and nonprofit sectors, and government agencies that may not traditionally have been directly involved in emergency management. The whole community includes children; older adults; individuals with disabilities and others with access and functional needs; those from religious, racial, and ethnically diverse backgrounds; people with limited English proficiency; and owners of animals including household pets and service animals.

While not required, applicants are encouraged to submit an investment related to addressing community preparedness and resilience. The investment will be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

Additional resources and information regarding community preparedness and resilience are available through Individuals and Communities | FEMA.gov.

Election Security (3%)
In January 2017, DHS designated the infrastructure used to administer the Nation’s elections as critical infrastructure. This designation recognizes that the United States’ election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on

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the country. Additionally, the Homeland Threat Assessment 2024 indicates that electoral processes remain an attractive target for many adversaries.

Securing election infrastructure, ensuring its continued operation in the face of threats and harassment, advancing the safety of election officials, and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation. As such, at least one (1) investment must be in support of the state’s and high-risk urban area’s efforts to enhance physical election security and/or cyber election security. Additionally, the proposed investment must meet or exceed the FY 2024 national priority percentage for election security and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments.

The SAA must coordinate with the State’s Chief Election Official for all projects and matters related to the election security National Priority Area. Any activities proposed that could be used to suppress voter registration or turnout will not be approved.

Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency. iv. Development of Fusion Center Projects: SHSP and UASI Each applicant must identify a fusion center project that will:

1. Indicate alignment to a designated Fusion Center; and

2. Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center.

The descriptive narrative and the financial itemization should align improvement or sustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Manual.

Sample Fusion Center Funding Itemization
A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding.

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The X Fusion enhancement project will fund:

1. Salaries, benefits, and training for X number of Fusion Center intelligence analysts; and

2. Travel costs associated with fusion center analyst training.

This project will directly sustain the Center’s current capabilities and performance and directly aligns with performance measures 2024.XXX.

We anticipate seeing an improvement in the quality and quantity of analytic production and responses to requests for information as a direct result of the funding of this project.

The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:

Solution Area and Amount of Proposed Funding Percent of Proposed Funding Planning: $10,000
2%
Organization: $200,000
48%
Equipment: $200,000
48%
Training: $10,000
2%
Exercises: $0
0%
Total: $420,000
100%

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v. Completing IJs in the FEMA GO: SHSP and UASI
In the Related Documents section of the Grants.govposting, applicants can find the IJ template and instructions for collecting the required information for investments and projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into FEMA GO.

Applicants must ensure the appropriate National Priority Area “Investment Type” ( Overview Tab – Investment Information Section) is selected for the corresponding National Priority Area.
vi. Development of Concept of Operations for OPSG
As part of the FY 2024 OPSG application process, each eligible local unit of government at the county or federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs that are developed at the county level should be inclusive of city, county, tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the CONOP/Application should describe participating agencies in the Executive Summary.

CONOP/Application details should include the names of the agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with the local USBP sector office, the SAA, and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below.

USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the

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review and selection criteria identified in this NOFO. OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priority identified below:

Information and Intelligence Sharing and Cooperation
Effective border security operations rely on access to, analysis of, and the timely sharing of open source, unclassified, and classified information, suspicious activity reports, tips/leads, and actionable intelligence on indicators and behaviors to accurately identify, assess, and mitigate a wide array of threats against the United States, including terrorism, threats to life, targeted violence, and other threats within the DHS mission space. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. One critical, statutorily required mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners.

Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including both international and domestic terrorism, cybersecurity, transnational organized crime, economic security, border security, immigration enforcement, and other areas, while upholding privacy, civil rights and civil liberties protections, is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism, and other threats to life and criminal acts of targeted violence.

Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must support the recipient’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness.

Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis. vii. Development of Operations Orders for OPSG
Operations Order Template Instructions

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To access the OPSG Operations Order Template:

1. Find the Homeland Security Grant Program posting via the search function on Grants.gov;

2. Select the Related Documents tab on the posting; and

3. Click on the OPSG Operations Order Template and fill out all sections of the template.

Executive Summary Overview
Operations order executive summary must:

1. Identify the organization name, point of contact, committees, and other structures accountable for implementing OPSG in the jurisdiction (typically this will be a program lead or manager overseeing operations and individuals assigned to that agency); and

2. Describe how federal and SLTT law enforcement agencies will work together to establish and enhance coordination and collaboration on border security issues.

Budget Requirements Overview
Operations Order Detailed Annual Budget must:

1. Explain how costs and expenses were estimated; and

2. Provide a narrative justification for costs and expenses. Supporting tables describing cost and expense elements (e.g., equipment, fuel, vehicle maintenance costs) may be included.

Submission Requirements
Operations Orders must meet the following submission requirements:

1. Must be submitted as an Adobe PDF document;

2. All documents submitted must use the unique identifier created by the OPSG data management system from the original associated operation order; and

3. Applicable OPSG sector representatives must coordinate with the SAA and OPSG participants to submit an accurate inventory of all specified OPSG purchased property with each Operations Order/FRAGO.

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4. Due to the competitive nature of this program, separate attachments will neither be accepted nor reviewed.
viii. Detailed Budget
Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and cost-effective in relation to the proposed project and should provide the basis of computation of all project-related costs (including management and administrative costs) and any appropriate narrative. FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being passed through to subrecipients for each sub-program (UASI, SHSP, OPSG).

Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the Grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives.

11. Other Submission Requirements
a. Fusion Center Investments
Of the proposed SHSP- and UASI-funded investments, one single project must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop the fusion center projects below and in the Preparedness Grants Manual.
b. Emergency Communications Investments
All emergency communications investments must describe how such activities align with needs identified in their Statewide Communication Interoperability Plan (SCIP). Recipients must coordinate with their Statewide Interoperability

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Coordinator (SWIC) and/or Statewide Interoperability Governing Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems.

Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee, as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.

12. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372
(See https://www.archives.gov/federal-register/codification/executiveorder/12372.html; Intergovernmental Review (SPOC List) (whitehouse.gov)

13. Funding Restrictions and Allowable Costs
All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R.

Part 200, unless otherwise indicated in the NOFO, the terms and conditions of the award, or the Preparedness Grants Manual. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards under this program is the same as the period of performance).

Federal funds made available through this award may be used for the purpose set forth in this NOFO, the Preparedness Grants Manual, and the terms and

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conditions of the award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other federal awards, lobbying, or intervention in federal regulatory or adjudicatory proceedings.

In addition, federal funds may not be used to sue the Federal Government or any other government entity. See the Preparedness Grants Manual for more information on funding restrictions and allowable costs. a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services
See the Preparedness Grants Manual for information on prohibitions on expending FEMA award funds for covered telecommunications equipment or services.
b. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre-award costs, a written request must be included with the application, signed by the AOR of the entity.

The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval.
c. Management and Administration (M&A) Costs
M&A costs are allowed by the 2024 DHS Appropriations Act. Recipients may use a maximum of up to 5% of HSGP funds awarded for their M&A, and any funds retained are to be used solely for M&A purposes associated with the HSGP award. Subrecipients may also use a maximum of up to 5% of the funding passed through by the state solely for M&A purposes associated with the HSGP award. M&A activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring.

M&A expenses must be based on actual expenses or known contractual costs.

M&A requests that are simple percentages of the award, without supporting justification, will not be allowed or considered for reimbursement.

M&A costs are not operational costs but are necessary costs incurred in direct support of the federal award or as a consequence of it, such as travel, meetingrelated expenses, and salaries of full/part-time staff in direct support of the

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program. As such, M&A costs can be itemized in financial reports. Other M&A cost examples include preparing and submitting required programmatic and financial reports, establishing and/or maintaining equipment inventory, documenting operational and equipment expenditures for financial accounting purposes, responding to official informational requests from state and federal oversight authorities, including completing the Civil Rights Evaluation Tool as required by DHS, and grant performance measurement or evaluation activities.

Recipients or subrecipients may apply or credit M&A funding toward the recipient’s requirement to allocate funding toward the National Priority Areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its election security investment, the recipient may credit that funding toward its requirement to allocate at least 3% of its award to the enhancing election security National Priority Area.

A state’s HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to 5% of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum pass-through requirements that are applicable to each HSGP program. To meet this requirement, the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state’s total HSGP award prior to withholding any M&A.

Specific for OPSG, subrecipients and friendly forces may retain funding for M&A purposes; however, the total amount retained cannot exceed 5% of the subrecipient’s subaward. Friendly forces are local law enforcement entities that are subordinate subrecipients under OPSG. In other words, friendly forces are entities that receive a subaward from a subrecipient under the OPSG program.

Friendly forces must comply with all requirements of subrecipients under 2 C.F.R.

Part 200.

In retaining these funds, states may retain a maximum of 2.5% of the OPSG allocation, which must be withheld from the pass-through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to 2.5% of the OPSG award.

Examples applying this principle:

SAA 1:

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Total award: $6,000,000
SHSP: $1,000,000 OPSG: $2,500,000 UASI: $2,500,000
M&A Maximum: $300,000 (5% of $6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5%) may be retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation.

Maximum M&A for UASI = $125,000
SAA 2:

Total award: $4,500,000
SHSP: $3,500,000 OPSG: $1,000,000
M&A Maximum: $225,000 (5% of $4,500,000)
Maximum M&A for SHSP = $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5%) may be retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation.

M&A charged to OPSG, SHSP, or UASI funding must be used to support that particular program.
d. Indirect Facilities & Administrative (F&A) Costs
Indirect (F&A) costs (IDC) mean those costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the

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cost objectives specifically benefitted, without effort disproportionate to the results achieved. IDC are allowable by the recipient [and subrecipients] as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated IDC rate agreement who desire to charge indirect costs to a federal award must provide a copy of their IDC rate agreement with their applications. Not all applicants are required to have a current negotiated IDC rate agreement.

Applicants that are not required to have a negotiated IDC rate agreement but are required to develop an IDC rate proposal must provide a copy of their proposal with their applications. Applicants who do not have a current negotiated IDC rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to FEMA for further instructions. Applicants who wish to use a cost allocation plan in lieu of an IDC rate proposal must reach out to the FEMA Point of Contact for further instructions. As it relates to the IDC for subrecipients, a recipient must follow the requirements of 2 C.F.R. §§ 200.332 and 200.414 in approving the IDC rate for subawards. For information on procedures for establishing indirect cost rates, see the Preparedness Grants Manual. e. Funds Transfer Restrictions
The recipient is prohibited from transferring funds between programs (includes SHSP, UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., SHSP and UASI), however, recipients are not allowed to divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS/FEMA. f. Evaluation Costs
Evaluation costs are allowable. See Section H.2 “Program Evaluation” for more details.
g. Allowable Cost Matrix for SHSP, UASI, and OPSG
The following matrix lists allowable cost activities across cost categories described above and below. The Preparedness Grants Manual includes additional information on allowable costs. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

HSGP funds may be used to cover the costs for evaluating the impact of these grants on the state or urban area’s core capabilities and capability gaps. This list

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is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate FEMA Headquarters (HQ) Preparedness Officer.

Allowable Program Activities SHSP UASI
Allowable Planning Costs
Developing hazard/threat-specific annexes
Y Y
Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA national initiatives Y Y
Developing related terrorism and other catastrophic event prevention activities Y Y
Developing and enhancing plans and protocols
Y Y
Developing or conducting assessments
Y Y
Hiring of full- or part-time staffor contract/consultants to assist withplanning, engagement, and volunteer management activities Y Y
Materials required to conduct planning, engagement, and volunteer management activities Y Y
Travel/per diem related to planning, engagement, and volunteer management activities Y Y Y

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Allowable Program Activities SHSP UASI
Overtime and backfill costs (in accordance with operational Cost Guidance) Y Y Y
Issuance of Western Hemisphere Travel Initiative-compliant Tribal identification cards Y N
Activities to achieve planning inclusive of peoplewith disabilities and others with access and functional needsand limited Englishproficiency. Y Y Coordination with Citizen Corps Councils for public information/education and development of volunteer programs
Y Y
Coordination and material support to Citizen Corps Councils and local firehouses for the establishment, training and maintenance of CERTs Y Y Update governance structures and processes and plans for emergency communications Y Y
Development, and review and revision of continuity of operations plans Y Y
Development, and review and revision of the THIRA/SPR and continuity of operations plans Y Y
Developing or conducting equity assessments to address planning and preparedness disparities for historically underserved communities Y Y

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Allowable Program Activities SHSP UASI
Allowable Organizational Activities
Note: Personnel hiring, overtime, and backfill expenses are permitted under this grantonly to the extent that expenses are forthe allowable activities within the scopeof the grant.

Program management Y
Y
Development of whole community partnerships Y
Y
Structures and mechanisms for information sharing between the public and private sector
Y
Y
Implementing models, programs, and workforce enhancement initiatives Y Y
Tools, resources, and activities thatfacilitate shared situational awareness between the public and private sectors
Y
Y
Operational support Y
Y
Utilization of standardized resource management concepts Y Y
Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Y
Y

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Allowable Program Activities SHSP UASI
Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50% of the allocation) Y
Y Y
Overtime for information, investigative, and intelligence sharing activities (up to 50% of the allocation)
Y
Y Y
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groupsor fusion centeractivities (up to 50% of the allocation).

Y
Y Y
Hiring or maintaining staff positions/contractors/consultants at SLTT levels to deliver community preparedness training, resources and material to schools, communitybased organizations, faith-based institutions and local businesses.

Y
Y
Hiring or maintaining staff positions/contractors/consultants to create, support and maintain CERT or Teen CERT
Y
Y
Cost of migrating online services to the “.gov” domain Y Y
Allowable Equipment Categories
Personal Protective Equipment Y
Y Y
Explosive Device Mitigation and Remediation Equipment Y Y
CBRNE Operational Search and Rescue Equipment Y
Y

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Allowable Program Activities SHSP UASI
Information Technology Y
Y Y
Cybersecurity Enhancement Equipment Y
Y
Interoperable Communications Equipment Y
Y Y
Detection Y
Y Y
Decontamination Y
Y
Medical countermeasures Y
Y Y
Power (e.g., generators, batteries, power cells) Y
Y Y
CBRNE Reference Materials Y
Y
CBRNE Incident Response Vehicles Y
Y
Terrorism Incident Prevention Equipment Y
Y Y

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Allowable Program Activities SHSP UASI
Physical Security Enhancement Equipment Y
Y Y
Inspection and Screening Systems Y
Y Y
Animal Care and Foreign Animal Disease Y
Y
CBRNE Prevention and Response Watercraft Y
Y
CBRNE Prevention and Response Unmanned Aircraft Y
Y
CBRNE Aviation Equipment Y
Y
CBRNE Logistical Support Equipment Y
Y
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y
Critical emergency supplies Y
Y
General use vehicle acquisition, lease, and rental N
N Y

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Allowable Program Activities SHSP UASI
Specialized vehicle acquisition, lease, and rental Y
Y Y
Other Authorized Equipment Y
Y Y
Allowable Training Costs
Overtime andbackfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes
Y
Y
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training
Y
Y
Training workshops and conferences Y
Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y
Y
Full- or part-time staff or contractors/consultants Y
Y Y
Travel Y
Y Y
Supplies Y
Y

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Allowable Program Activities SHSP UASI
Instructor certification/re-certification Y
Y
Coordination with Citizen Corps Councils and CERT in conducting training exercises Y Y
Preparedness training for community preparedness initiatives and programs Y Y
Interoperable communications training Y
Y
Activities to achieve planning inclusive of people with limited English proficiency Y Y
Immigration enforcement training Y
Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y
Y
Full- or part-time staff or contractors/consultants Y
Y
Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y
Y
Implementation of HSEEP Y
Y

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Allowable Program Activities SHSP UASI
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs
Y
Y
Travel Y
Y
Supplies Y
Y
Interoperable communications exercises Y
Y
Activities to achieve planning inclusive of people with limited English proficiency Y Y
Allowable M&A Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the management of the respective grant program, application requirements, and compliance with reporting and data collection requirements Y
Y Y
Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls
Y
Y Y
Overtime and backfill costs Y
Y Y
Travel Y
Y Y
Meeting related expenses Y
Y Y

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Allowable Program Activities SHSP UASI
Authorized office equipment Y
Y Y
Recurring expenses such as those associated with cell phones and faxes during the period of performance of the grant program
Y
Y
Leasing or renting of space for newly hired personnel during the period of performance of the grant program
Y
Y
Completing the Civil Rights Evaluation Tool Y
Y Y
Conducting activities related to evaluating project effectiveness for HSGP-funded projects
Y
Y Y
LETPA Costs
Integration and interoperability of systems and data, such as CAD and RMS, to facilitate the collection,
Y
Y
Maturation, enhancement, and sustainment of designated state and major Urban Area fusion centers, including information sharing and analysis, threat recognition, terrorist interdiction, and intelligence analyst training and salaries (subject to certain conditions)
Y
Y
Regional counterterrorism training programs for small, medium, and large jurisdictions to exchange information and discuss the current threat environment, lessons learned, and best practices to help prevent, protect against, and mitigate acts of terrorism
Y
Y
Coordination of regional full-scale training exercises (federal, state, and local law enforcement participation) focused on terrorism-related events Y
Y

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Allowable Program Activities SHSP UASI
Law enforcement Chemical, Biological, Radiological, Nuclear, and high yield Explosives detection and response capabilities, such as bomb detection/disposal capability development, sustainment, or enhancement, including canine teams, robotics platforms, and x-ray technology
Y
Y
Coordination between fusion centers and other operational analytic, and investigative efforts
Y
Y
Implementation, maintenance, and sustainment of the Nationwide Suspicious Activity Reporting Initiative
Y
Y
Implementation of the "If You See Something, Say Something®" campaign Y Y
Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical infrastructure locations
Y
Y
h. SHSP and UASI Other Direct Costs
Recipients must comply withall the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). In general, recipients should consult with their FEMA HQ Preparedness Officer prior to making any investment that does not clearly meet the allowable expense criteria. Fundingguidelines established within this section support four of the five mission areas—Prevention, Protection, Mitigation, and Response—and associated core capabilities within the Goal. While Recovery is part of the Goal, it is not explicitly part of the HSGP. Allowable investments made in support of the national priorities, as well as other capabilityenhancing projects must have a nexus to terrorism preparedness and fall into the

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categories of planning, organization, exercises, training, or equipment, aligned to building capability, closing capability gaps, and/or sustaining capabilities, as defined by CPG 201: THIRA/SPR Guide—3rd Edition (Comprehensive Preparedness Guide (CPG) 201, 3rd Edition (fema.gov)). Recipients are encouraged to use grant funds for evaluating grant-funded project effectiveness and return on investment. FEMA encourages recipients to provide the results of that analysis to FEMA.
i. Planning
SHSP and UASI funds may be used for a range of emergency preparedness and management planning activities, such as those associated with the development, review, and revision of the THIRA, SPR, continuity plans, and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current Emergency Operations Plan (EOP) that conforms to the guidelines outlined in Comprehensive Preparedness Guide (CPG) 101 v3 . Planning efforts can also include conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using theInfrastructure Resilience Planning Framework and related Cybersecurity and Infrastructure Security Agency (CISA) resources.

Additionally, SHSP and UASI funds may be used for planning efforts related to state court cybersecurity, 911 call capabilities, alert and warning capabilities, and implementation of the REAL ID Act (Pub. L. No. 109-13). ii. Organization
Preparedness Grants Manual.

States and high-risk urban areas must justify proposed expenditures of SHSP or UASI funds to support organization activities within their Investment Justification (IJ) submission. Organizational activities include:

1. Program management;

2. Development of whole community partnerships, through groups such as Citizen Corp Councils;

3. Structures and mechanisms for information sharing between the public and private sector;

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4. Implementing models, programs, and workforce enhancement initiatives to address ideologically inspired radicalization to violence in the homeland;

5. Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors;

6. Operational Support;

7. Utilization of standardized resource management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident;

8. Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS) or needs resulting from a National Special Security Event;

9. Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act (PRICE Act), Pub. L. No. 110- 412, § 2, codified in relevant part, as amended, at 6 U.S.C. § 609(a), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. See 6 U.S.C. § 609(a). To be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria:

Complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, Previously served as an intelligence analyst for a minimum of two years either in a federal intelligence agency, the military, or state and/or local law enforcement intelligence unit.

10. All fusion center analytical personnel must demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal intelligence analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such training must be on file with the State Administrative Agency (SAA) and must be made available to the recipient’s respective FEMA HQ Preparedness Officer upon request; and

11. Migrating online services to the “.gov” internet domain.

All SAAs are allowed to use up to 50% of their SHSP funding, and all high-risk urban areas are allowed to use up to 50% of their UASI funding, for personnel costs per 6 U.S.C. § 609(b)(2)(A). Personnel hiring, overtime, and backfill

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expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant. Personnel expenses may include, but are not limited to training and exercise coordinators, program managers and planners, intelligence analysts, and Statewide Interoperability Coordinators (SWICs).

At the request of a recipient, the FEMA Administrator (or their designee) may grant a waiver of this 50% limitation under 6 U.S.C. § 609(b)(2)(B). Requests for waivers to the personnel cap must be submitted by the authorized representative of the SAA to FEMA in writing on official letterhead, with the following information:

1. Documentation explaining why the cap should be waived;

2. Conditions under which the request is being submitted; and

3. A budget and method of calculation of personnel costs both in percentages of the grant award and in total dollar amount.

Please see IB 421b, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public L. No. 110–412 – the PRICE Act), dated October 30, 2019, for additional information on the waiver request process.
iii. Equipment
Equipment costs are allowed under this program only as described in this funding notice and the Preparedness Grants Manual.

The 21 allowable prevention, protection, mitigation, and response equipment categories for HSGP are listed on the Authorized Equipment List (AEL). Some equipment items require prior approval from FEMA before obligation or purchase of the items. Please reference the grant notes for each equipment item to ensure prior approval is not required or to ensure prior approval is obtained if necessary.

Recipients and subrecipients may purchase equipment not listed on the AEL, but only if they first seek and obtain prior approval from FEMA.

Unless otherwise stated, all equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition, recipients will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Investments in emergency communications systems and equipment must meet applicable SAFECOM

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Guidance on Emergency Communications Grants (SAFECOM Guidance) recommendations. Such investments must be coordinated with the SWIC and the State Interoperability Governing Body (SIGB) to ensure interoperability and longterm compatibility. For personal protective equipment (PPE), recipients are encouraged to give procurement preference to domestic manufacturers of PPE or PPE raw materials to the maximum practicable and allowed by law.

Grant funds may be used for the procurement of medical countermeasures.

Procurement of medical countermeasures must be conducted in collaboration with state, city, or local health departments that administer federal funds from the Department of Health and Human Services for this purpose and with existing Metropolitan Medical Response System committees where available, to sustain their long-term planning for appropriate, rapid, and local medical countermeasures, including antibiotics and antidotes for nerve agents, cyanide, and other toxins. Procurement must have a sound threat-based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, recipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Recipients are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year’s POP for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period.

EMS electronic patient care data systems should comply with the most current data standard of the National Emergency Medical Services Information System.

Recipients are reminded that school hardening is an eligible activity under SHSP and UASI. School hardening measures include but are not limited to:

1. Bullet resistant doors and glass;

2. Hinge-locking mechanisms;

3. Immediate notification to emergency 911 systems;

4. Mechanisms that provide real time actionable intelligence directly to law enforcement and first responders;

5. Installation of distraction devices or other countermeasures administered by law enforcement; and

6. Other measures determined to provide significant improvements to schools’ physical security.

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Additionally, SHSP and UASI funds may be used for equipment purchases related to state court cybersecurity, 911 call capabilities, alert and warning capabilities, and implementation of the REAL ID Act (Pub. L. No. 109-13).

Small Unmanned Aircraft Systems (sUAS) and critical emergency supply costs are allowable under this program. See the Preparedness Grants Manual for more information.

General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the EMAC[4] and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended. Examples of such general-purpose equipment may include:

Law enforcement/general use vehicles (OPSG only);
Emergency medical services equipment and vehicles;
Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized
chemical/biological/radiological/nuclear/explosive (CBRNE) response; Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and
Office equipment for staff[5] engaged in homeland security program activity.

Controlled Equipment
For decades, the federal government has provided equipment to state, local, and tribal law enforcement agencies (LEAs) through federal grants. Some federal grant programs have assisted LEAs as they carry out their critical missions to keep the American people safe. The equipment acquired by LEAs through these programs includes administrative equipment, such as office furniture and computers. Some federal grant programs also may include military and militarystyled equipment, firearms, and tactical vehicles provided by the federal government, including property covered under 22 C.F.R. Part 121 and 15 C.F.R.

Part 774 (collectively, "controlled equipment").

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However, not all equipment that is considered controlled equipment is allowable under the HSGP. As noted in Section B of FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, certain equipment is prohibited and is not allowable under HSGP. Grant funds under this program may not be used for the purchase of equipment not approved by DHS/FEMA. For example, the purchase of tracked armored vehicles, camouflage uniforms, weapons, and weapons accessories, including ammunition, is generally not allowed with HSGP funds.[6]
For some controlled equipment that is allowable under the HSGP, additional documentation, justifications, reviews, and approvals are required, including but not limited to proof of policies and procedures to safeguard individuals’ privacy, civil rights, and civil liberties. Contact your Preparedness Officer if you have questions concerning HSGP requirements for controlled equipment requests.

Grant funds under this program must comply with the aforementioned FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards. As per this FEMA Policy, excepted or controlled equipment must remain in the possession of the original FEMA grant recipient and may not be transferred. The use of controlled equipment under a Memorandum of Understanding or other regional sharing agreement (see Section D.6 of this FEMA Policy) does not constitute a transfer of controlled equipment.

DHS/FEMA will continue to collaborate with federal agency partners to ensure that there is a consistent and reasonable approach to the restrictions placed on controlled equipment expenditures while continuing to support these investments when there is a justifiable need. Further, DHS/FEMA will continue to maintain an awareness of the evolving policy developments related to controlled equipment expenditures and keep grant recipients up to date on future developments.

Construction and Renovation
Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Limits on the total amount of grant funding that may be used for construction or renovation may apply. Additionally, recipients are required to submit SF-424C and SF-424D.

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All proposed construction and renovation activities must undergo an Environmental Planning and Historic Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action related to the project. Failure of a grant recipient to meet these requirements may jeopardize Federal funding. Please see the Preparedness Grants Manual for more information.
iv. Training and Exercises
Training and exercise costs are allowed under this program only as described in this funding notice and the Preparedness Grants Manual. Recipients are encouraged to consider tuition-free courses offered by FEMA first, before investing in training. For more information and a catalog of courses please refer to the National Preparedness Course Catalog at NTED.

Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI program and/or in conjunction with emergency preparedness training by other federal agencies (e.g., HHS and Department of Transportation [DOT]).

Training conducted using HSGP funds should address a performance gap identified through an Integrated Preparedness Plan (IPP) or other assessments (e.g., National Emergency Communications Plan [NECP] Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise.

Any training or training gaps, including training related to under-represented, diverse populations that may be more impacted by disasters, including children, seniors, individuals with disabilities or other access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity and other underserved populations, should be identified in an IPP and addressed in the state or high-risk urban area training cycle. Emergency preparedness training related to those training gaps, including related to underrepresented, diverse populations that may be more impacted by disasters, is allowable. Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, recipients are encouraged to apply the Analysis, Design, Development, Implementation, and Evaluation (ADDIE) model of instructional design.

Law Enforcement Readiness

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SHSP or UASI grant funds may be requested and may be approved on a case-bycase basis for immigration enforcement training in support of the border security mission. Requests for training will be evaluated on a case-by-case basis and can only be used for certification in the section 287(g) program provided by DHS/ICE.

SHSP or UASI subrecipients with agreements under section 287(g) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1357(g)) to receive delegated authority for immigration enforcement within their jurisdictions may also be reimbursed for section 287(g) related operational activities with approval from FEMA on a case-by-case basis.
v. Maintenance and Sustainment
Maintenance and sustainment related costs are allowed under this program only as described in the Preparedness Grants Manual.
vi. Travel
Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA. See the Allowable Cost Matrix in Section D.13.g above for more information on allowable travel activities under SHSP and UASI.
vii. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. All recipients and subrecipients of HSGP funds, including SHSP and UASI allocations, may not use more than 50% of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50% personnel cap, please see FEMA IB 421b, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412) – the PRICE Act.

HSGP funds may not be used to support the hiring of any personnel to fulfill traditional public health and safety duties nor to supplant traditional public health and safety positions and responsibilities. The following definitions apply to personnel costs:

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1. Hiring. State and local entities may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable FEMA grant activities as specified in this guidance. This may not include new personnel who are hired to fulfill any non-FEMA program activities under any circumstances. Hiring will always result in a net increase of Full Time Equivalent (FTE) employees.

2. Overtime. These expenses are limited to the additional costs that result from personnel working over and above 40 hours of weekly work time as the direct result of their performance of FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible.

3. Backfill-Related Overtime. Also called “Overtime as Backfill,” these expenses are limited to overtime costs that result from personnel who are working overtime (as identified above) to perform the duties of other personnel who are temporarily assigned to FEMA-approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of FTE employees.

4. Supplanting. Grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.

Operational Overtime Costs
In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. In that regard, HSGP recipients are urged to consider using grant funding to support soft target preparedness activities. SHSP or UASI funds may be used to support select operational expenses associated with increased security measures in the authorized categories cited in the table below, but this table is not exhaustive. FEMA retains the discretion to approve other types of requests that do not fit within one of the categories of the table.

Authorized Operational Overtime Categories

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Category Description
1 National
Terrorism
Advisory
System (NTAS)
Security measures in response to an increase in the threat level under the NTAS to an “elevated” or “imminent” alert status.

FEMA Information Bulletin No. 367, Impact of National
Terrorism Advisory System on Homeland Security Grant
Programs, remains applicable; therefore, advance authorization from FEMA is not required. Refer to National Terrorism Advisory System | Homeland Security (dhs.gov) for additional information on the NTAS.
2 National
Security
Special Event
(NSSE)
Security measures for a designated NSSE. NSSEs are events of national or international significance deemed by DHS to be a potential target for terrorism or other criminal activity. 3 Special Event
Assessment
Rating (SEAR)
Level 1 through
Level 4 Events
Security measures required for SEAR Level 1 through Level 4 events as designated by DHS and included in the DHS National Special Events List, as defined below:

SEAR 1: A significant event with national and/or international importance that may require extensive federal interagency support.

SEAR 2: A significant event with national and/or international importance that may require some level of federal
interagency support.

SEAR 3: An event of national and/or international importance that requires only limited federal support.

SEAR 4: An event with limited national importance that is managed at state and local level.

NOTE: In cases where a threat of terrorism can be associated with a SEAR Level 5 event, the event planners should
coordinate with their state or territory Homeland Security Advisor to seek re-adjudication of the SEAR rating. Operational overtime for security measures associated with such events will be considered for approval by FEMA if re-adjudication results in a SEAR 1 through 4 rating.

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Category Description
4 States of
Emergency
Declarations of states of emergency by the Governor associated with a terrorism-related threat or incident. This excludes Presidentially declared major disasters or emergencies where federal funding support for the proposed grant-funded activity is made available through the FEMA Public Assistance program or other federal disaster grants.
5 National Critical
Infrastructure
Prioritization
Program
(NCIPP)
Protection of Level 1 and Level 2 facilities identified through DHS’s NCIPP based on a terrorism-related threat to critical infrastructure.
6 Directed Transit
Patrols
Targeted security patrols in airports and major transit hubs based on a terrorism-related threat to transportation systems. 7 Other Related
Personnel
Overtime Costs
Overtime costs may be authorized for personnel assigned to directly support any of the security activities relating to the categories above. Examples include firefighters and emergency medical services personnel; public works employees who may be responsible for installing protective barriers and fencing; public safety personnel assigned to assist with event access and crowd control; emergency communications specialists; backfill and overtime for staffing state or major urban area fusion centers; state Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (note: consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard
deployment package); contract security services for critical infrastructure sites; participation in Regional Resiliency Assessment Program activities, increased border security activities in coordination with USBP, etc.

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Category Description
8 Operational
Support to a
Federal Agency
Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities related to homeland security/terrorism preparedness and specifically requested by a federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible activities, including anti-terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime
Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. In addition, reimbursement for operational overtime law enforcement activities related to combating transnational crime organizations in support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism is an allowable expense under SHSP and UASI on a case-bycase basis. Grant funding can only be used in proportion to the federal man-hour estimate and only after funding for these activities from other federal sources (i.e., FBI JTTF payments to state and local agencies) has been exhausted.

All allowable operational overtime costs are also subject to the administration requirements outlined in the following subsection.

Administration of Operational Overtime Requests

1. Except for an elevated NTAS alert, SHSP or UASI funds may only be spent for operational overtime costs upon prior written approval by FEMA. The SAA must submit operational overtime requests in writing to its assigned FEMA Preparedness Officer. FEMA will consider requests for special event activities up to one year in advance. However such requests must be within the award’s current POP and must not result in the need for a request to extend the period of performance. SAAs should contact FEMA Grants News by e-mail at [email protected] or by phone at (800) 368- 6498, Monday through Friday, 9:00 AM – 5:00 PM ET, for clarification.

2. All operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed in the table above.

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Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explain how the overtime activity is responsive to the threat. Request letters sent to FEMA must be UNCLASSIFIED but may be labeled “For Official Use Only.” If explaining the threat will require the sharing of classified information, the letter should state that fact. FEMA will then plan for the sharing of classified information through official channels;

3. Post-event operational overtime requests will only be considered on a caseby-case basis, where it is demonstrated that exigent circumstances prevented submission of a request in advance of the event or activity;

4. Under no circumstances may FEMA grant funding be used to pay for costs already supported by funding from another federal source;

5. States with UASI jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state (per the above guidance limitations). Any UASI funds retained by the state must be used in direct support of the high-risk urban area. States must provide documentation to the Urban Area Working Group (UAWG) and FEMA upon request demonstrating how any UASI funds retained by a state would directly support the high-risk urban area; and

6. FEMA will consult and coordinate with appropriate DHS components as necessary to verify information used to support operational overtime requests.
viii. Secure Identification
Secure identification costs are allowed under this program. SHSP funds may be used to support the implementation activities associated with the Western Hemisphere Travel Initiative (WHTI), including the issuance of WHTI-compliant tribal identification cards.
ix. Multiple Purpose or Dual-Use of Funds
Please see the Preparedness Grants Manual for information on multiple purpose of dual-use of funds under SHSP and UASI.
i. OPSG Other Direct Costs

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Recipients must comply withall the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). In general, recipients should consult with their FEMA HQ Preparedness Officer prior to making any investment that does not clearly meet the allowable expense criteria. Fundingguidelines established within this section support four of the five mission areas—Prevention, Protection, Mitigation, and Response—and associated core capabilities within the Goal. While Recovery is part of the Goal, it is not explicitly part of the HSGP. Allowable investments made in support of the national priorities, as well as other capabilityenhancing projects must have a nexus to terrorism preparedness and fall into the categories of planning, organization, exercises, training, or equipment, aligned to building capability, closing capability gaps, and/or sustaining capabilities, as defined by CPG 201: THIRA/SPR Guide—3rd Edition (Comprehensive Preparedness Guide (CPG) 201, 3rd Edition (fema.gov)). Recipients are encouraged to use grant funds for evaluating grant-funded project effectiveness and return on investment. FEMA encourages recipients to provide the results of that analysis to FEMA.
i. Planning
Planning costs are allowed under this program only as described in this funding notice. See the Allowable Cost Matrix in Section D.13.g above for more information on allowable planning activities for OPSG.
ii. Organization
Organization costs are allowed under this program only as described in this funding notice and the Preparedness Grants Manual. See the Allowable Cost Matrix in Section D.13.g above for more information on allowable organizational activities for OPSG.
iii. Equipment
Equipment costs are allowed under this program only as described in this funding notice and the Preparedness Grants Manual.

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OPSG equipment is intended to be incidental to the enhanced border security operations being performed. The grant is not intended to be used to outfit or supply general equipment to SLTT law enforcement agencies. Equipment must be relatable to and justified by the operational benefit it will provide. Each appropriate OPSG sector coordinator is required to keep an inventory of OPSG purchased equipment that includes at a minimum: 1) grant funding year; 2) purchase amount; 3) purchase date; 4) purchase quantity; 5) equipment ID; 6) source of funding for the property, including the Federal Award Identification Number; 7) who holds title to the property; 8) federal share percent of the property; 9) location of the property; 10) use and condition of the property; 11) disposal date; and 12) brief disposal justification information and sale price if sold. Each Operations Order/FRAGO will require that each friendly force submit the equipment inventory for each Operations Order/FRAGO submission.

1. Equipment Marking. Because equipment purchased with OPSG funding is intended to be used to support OPSG activities, it may be appropriately marked to ensure its ready identification and primary use for that purpose.

When practicable, any equipment purchased with OPSG funding should be prominently marked as follows: "Purchased with DHS funds for Operation Stonegarden Use."

2. Fuel Cost and Mileage Reimbursement. There is no cap for reimbursement of fuel or mileage costs in support of operational activities. Subrecipients and friendly forces may not claim reimbursements for both mileage and fuel/maintenance for the same equipment at the same time.

3. Vehicle and Equipment Acquisition, Including Leasing and Rentals . Allowable purchases under OPSG include patrol vehicles and other mission-specific equipment whose primary purpose is to increase operational capabilities on or near a border nexus in support of approved border security operations. A detailed justification must be submitted to the respective FEMA HQ Preparedness Officer prior to purchase.

4. Medical Emergency Countermeasures. Allowable purchases under OPSG include narcotic antagonist pharmaceuticals, detection and identification equipment, safe storage and transportation, personnel protective equipment, and initial equipment training, as reflected in the AEL.

Requirements for Small Unmanned Aircraft Systems

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Small Unmanned Aircraft Systems (sUAS) are allowable under the HSGP. See the Preparedness Grants Manual for more information.

General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the EMAC[7] and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended. Examples of such general-purpose equipment may include:

Law enforcement/general use vehicles (OPSG only);
Emergency medical services equipment and vehicles;
Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized
chemical/biological/radiological/nuclear/explosive (CBRNE) response; Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and
Office equipment for staff[8] engaged in homeland security program activity.

Controlled Equipment
For decades, the federal government has provided equipment to state, local, and tribal law enforcement agencies (LEAs) through federal grants. Some federal grant programs have assisted LEAs as they carry out their critical missions to keep the American people safe. The equipment acquired by LEAs through these programs includes administrative equipment, such as office furniture and computers. Some federal grant programs also may include military and militarystyled equipment, firearms, and tactical vehicles provided by the federal government, including property covered under 22 C.F.R. Part 121 and 15 C.F.R.

Part 774 (collectively, "controlled equipment").

However, not all equipment that is considered controlled equipment is allowable under the HSGP. As noted in Section B of FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, certain equipment is prohibited and is not allowable under HSGP. Grant funds under this program may not be used for the purchase of equipment not approved by DHS/FEMA. For example, the purchase of tracked armored vehicles, camouflage uniforms, weapons, and

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weapons accessories, including ammunition, is generally not allowed with HSGP funds.[9]
For some controlled equipment that is allowable under the HSGP, additional documentation, justifications, reviews, and approvals are required, including but not limited to proof of policies and procedures to safeguard individuals’ privacy, civil rights, and civil liberties. Contact your Preparedness Officer if you have questions concerning HSGP requirements for controlled equipment requests.

Grant funds under this program must comply with the aforementioned FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards. As per this FEMA Policy, excepted or controlled equipment must remain in the possession of the original FEMA grant recipient and may not be transferred. The use of controlled equipment under a Memorandum of Understanding or other regional sharing agreement (see Section D.6 of this FEMA Policy) does not constitute a transfer of controlled equipment.

DHS/FEMA will continue to collaborate with federal agency partners to ensure that there is a consistent and reasonable approach to the restrictions placed on controlled equipment expenditures while continuing to support these investments when there is a justifiable need. Further, DHS/FEMA will continue to maintain an awareness of the evolving policy developments related to controlled equipment expenditures and keep grant recipients up to date on future developments.

Construction and Renovation
OPSG funds may not be used for any construction.
iv. Training and Exercises
Training and exercise costs are allowed under this program only as described in this funding notice and the Preparedness Grants Manual (e.g., related to EHP compliance). Recipients are encouraged to consider tuition-free courses offered by FEMA first, before investing in training. For more information and a catalog of courses please refer to the National Preparedness Course Catalog at NTED.

Law Enforcement Readiness

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OPSG grant funds may be used to increase operational, material, and technological readiness of SLTT law enforcement agencies. The Delegation of Immigration Authority, Section 287(g) of the INA program allows a state or local law enforcement entity to enter into a partnership with Immigration and Customs Enforcement (ICE), under a joint Memorandum of Agreement (MOA), to receive delegated authority for immigration enforcement within their jurisdictions.

OPSG grant funds may be requested and may be approved on a case-by-case basis for immigration enforcement training in support of the border security mission. Requests for training will be evaluated on a case-by-case basis and can only be used for certification in the section 287(g) program provided by DHS/ICE.

OPSG subrecipients with agreements under section 287(g) of the INA (8 U.S.C. § 1357(g)) to receive delegated authority for immigration enforcement within their jurisdictions may also be reimbursed for section 287(g) related operational activities with approval from FEMA on a case-by-case basis. For OPSG, subrecipients must be authorized by USBP Headquarters and Sectors, and operational activities must be coordinated through a USBP Sector. v. Maintenance and Sustainment
Maintenance and sustainment related costs are allowed under this program only as described in the Preparedness Grants Manual.
vi. Travel
Domestic travel costs are allowed under this program, as provided for in this NOFO and in the Preparedness Grants Manual. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

See the Allowable Cost Matrix in Section D.13.g above for more information on allowable travel activities under OPSG.
vii. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All recipients and subrecipients of HSGP funds, including OPSG allocations, may not use more than 50% of their awards to pay for

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personnel activities unless a waiver is approved by FEMA. For more information on the 50% personnel cap, please see FEMA IB 421b, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412 – the PRICE Act).

Further, changes in scope or objective also require FEMA’s prior written approval pursuant to 2 C.F.R. § 200.308(c)(1). If the cost changes are allowable under the grant, a Fragmentary Order (FRAGO) must be submitted to Homeland Security Information Network (HSIN) to obtain FEMA’s prior written approval of such changes in accordance with 2 C.F.R. § 200.308(c)(1). These modifications will be annotated in the annex section of the FRAGO.

OPSG funds may be used for domestic travel and per diem, including costs associated with the deployment/redeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in law enforcement activities. In addition, allowable costs include supporting up to six-month deployment of law enforcement personnel to critical Southwest Border locations for operational activities (travel costs must be in accordance with applicable travel regulations).

OPSG funds may be used to pay additional current part-time law enforcement personnel salaries to bring them to temporary full-time status. OPSG funds may support a Governor’s request to activate, deploy, or redeploy specialized National Guard Units/Package and/or elements of state law enforcement serving as friendly forces to increase or augment specialized/technical law enforcement elements’ operational activities. Costs associated with backfill for personnel supporting operational activities are allowable.

As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.

Operational Overtime Costs
OPSG funds should be used for operational overtime costs associated with law enforcement activities in support of border law enforcement agencies for

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enhanced border security. Overtime pay is for increased patrol time for certified public safety officers, along with limited support for other law enforcement direct support personnel (e.g., Communication Officers/Dispatchers, non-sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non-federal entity’s overtime policy and the requirements as stated below:

1. Overtime is time worked that exceeds the required number of hours during an employee’s designated shift;

2. Overtime must be worked to increase patrol capacity and be in support of identified and approved United States Border Patrol (USBP) border security operations;

3. The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per local law and policy and must be in accordance with applicable state and federal regulations;

4. All overtime expenses under OPSG must be reasonable for the services rendered and conform to the non-federal entity’s established written policy, which must apply to both federally funded and non-federally funded activities and comply with the other applicable requirements under 2 C.F.R. §§ 200.430-200.431; and

5. The non-federal entity may not utilize OPSG funding to pay for an employee’s overtime hours or pay that exceeds 16 hours worked in any 24- hour period.

Intelligence Support
Per 6 U.S.C. § 609(a), OPSG funds may, as applicable and operationally beneficial, be used to pay salaries and benefits or overtime for personnel to serve as qualified Intelligence Analysts to enable and enhance information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by OPSG funding. Qualified OPSG-funded intelligence analysts can be assigned to an applicable law enforcement facility/intelligence function as long as information/intelligence sharing is maintained. To serve as an OPSG-funded intelligence analyst, personnel must meet at least one of the following criteria:

1. Complete training to ensure baseline proficiency in intelligence analysis and production within six (6) months of being hired; and/or,

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2. Previously served as an intelligence analyst for a minimum of two years either in a federal intelligence agency, the military, or state and/or local law enforcement intelligence unit.

OPSG-funded intelligence analysts must demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal intelligence analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such training must be on file with the SAA and must be made available to the recipient’s respective FEMA HQ Preparedness Officer upon request.
viii. Regional Border Projects
Recipients are encouraged to prioritize the acquisition and development of regional projects on the borders to maximize interoperability and coordination capabilities among federal agencies and with state, local, and tribal law enforcement partners. Such regional projects include:

1. Communications equipment;

2. Radio systems and repeaters;

3. Integration with regional intelligence and information sharing effort (i.e., fusion centers):

Intelligence analysts.

4. Situational Awareness equipment:

License Plate Reader Networks;
Visual detection and surveillance systems;
Sensor Systems;
Radar Systems (for air and/or marine incursions); and
Aircraft systems (manned or unmanned).
ix. Transportation Costs and Costs Related to the Provision of Acute Medical Care
Vehicle, fuel, mileage, operational overtime, and other types of costs otherwise allowable under an OPSG award’s HSGP NOFO are allowable where the costs are in support of the necessary transportation of individuals interdicted while

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carrying out allowable OPSG-funded activities or operations from the point of interdiction to an applicable law enforcement facility.

When transporting individuals interdicted in the course of carrying out allowable OPSG-funded activities or operations from the point of interdiction, non-Federal entities may charge vehicle, fuel, mileage, operational overtime, and other types of costs otherwise allowable under an OPSG award’s HSGP NOFO associated with necessary transportation to provide acute medical care for individuals being transported from the point of interdiction. In such cases, non-Federal entities may also charge operational overtime for personnel that monitor a detained individual receiving acute medical care where the individual remains in the custody of the non-Federal law enforcement agency. Costs incurred beyond the acute phase of medical care (e.g., upon admission to the hospital, or after transfer from an acute care facility to the hospital) and costs incurred once the custodial responsibility of the individual is transferred to CBP are not allowable under OPSG.

Costs described above are allowable regardless of what entity or agency initially makes the interdiction. Personnel costs incurred by non-Federal law enforcement agencies eligible under OPSG (including deputies, corrections officers, or detention officers) for costs described above are allowable. x. Temporary or Term Appointments
Temporary or term appointments are allowable under an OPSG award, so long as they comply with the following:

1. Subrecipients may utilize temporary or term appointments to augment the law enforcement presence on the borders. However, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable;

2. OPSG-funded temporary or term appointments may not exceed the approved period of performance:

For OPSG purposes, temporary appointments are non-status appointments for less than one year; and
For OPSG purposes, term appointments are non-status appointments for one year, extendable for one year as necessary.

3. OPSG funding for temporary or term appointments may pay for salary only.

Benefits are not allowable expenses for term or temporary employees;

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4. OPSG remains a non-hiring program. Appropriate uses of temporary or term appointments include:

To carry out specific enforcement operations work for ongoing OPSGfunded patrols throughout the Sector Area of Operation; To staff operations of limited duration, such as OPSG-enhanced enforcement patrols targeting specific locations or criminal activity; and To fill OPSG positions in activities undergoing transition or personnel shortages and local backfill policies (medical/military deployments).

5. OPSG term and temporary appointments must have all necessary certifications and training to enforce state and local laws. OPSG funds will not be used to train or certify term or temporary appointments except as otherwise stated in this NOFO and the Preparedness Grants Manual; and

6. FEMA provides no guarantee of funding for temporary or term appointments.

In addition to the terms of this NOFO, subrecipients must follow their own applicable policies and procedures regarding temporary or term appointments.
j. Unallowable Costs for SHSP, UASI, and OPSG
Per FEMA policy, the purchase of weapons and weapons accessories, including ammunition, is not allowed with HSGP funds. Grant funds may not be used for the purchase of equipment not approved by FEMA. Grant funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and may not be used for the purchase of the following equipment:
firearms; ammunition; grenade launchers; bayonets; or weaponized aircraft, vessels, or vehicles of any kind with weapons installed.Unauthorized exerciserelated costs include:

Reimbursement for the maintenance or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances); and Equipment that is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging sign). i. Unallowable Costs for OPSG Only

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OPSG unallowable costs include costs associated with evidence collection, arrest processing, prosecution, and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, portable work lights, traffic barricades, and similar law enforcement expenses. OPSG unallowable costs also include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies.

Finally, construction and/or renovation costs are prohibited under OPSG.

Applicants should refer to IB 421b, or contact their FEMA HQ Preparedness Officer for guidance and clarification. Due to the nature of OPSG, exercise expenses are not allowable costs under OPSG.

E. Application Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria
i. Risk Methodology
The risk methodology determines the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, individuals inspired by terrorists abroad, and the assessment of vulnerabilities and potential consequences. DHS defines risk as: “potential for an adverse outcome assessed as a function of hazard/threats, assets and their vulnerabilities, and consequences.” See DHS Lexicon Terms and Definitions: 2018 Edition – Revision 04, (Apr. 2018). The FEMA risk methodology is focused on three elements:

1. Threat: the likelihood of an attack being attempted by an adversary;

2. Vulnerability: the likelihood that an attack is successful, given that it is attempted; and

3. Consequence: the effect of an event, incident, or occurrence.

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NOTE: The THIRA/SPR process is separate from the risk methodology and its results do not affect grant allocations.

The Risk Methodology is used to inform allocations under HSGP. For more information on the SHSP, UASI, and OPSG allocation processes, please see Section B.1 of this NOFO, “Available Funding for the NOFO.” ii. Application Evaluation Criteria
FEMA will evaluate the FY 2024 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA’s review will include verification that each IJ and project:

1. Aligns with at least one core capability identified in the Goal;

2. Demonstrates how investments support building capability and/or closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and

3. Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements.

In addition to the above, FEMA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the three-year period of performance. FEMA will use the information provided in the application and after the submission of the first BSIR to determine the feasibility and effectiveness of a grant project. To that end, IJs should include:

1. An explanation of how the proposed project(s) will achieve objectives as identified in the SPR, including expected long-term impact where applicable, and which core capability gap(s) it helps to close and how;

2. A summary of the status of planning and design efforts accomplished to date (e.g., included in a capital improvement plan); and

3. A project schedule with clear milestones.

Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.

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FEMA will also review any submitted National Priority Area-aligned IJs and projects to ensure they meet the minimum spend requirements. Additional information on how the National Priority Area IJs and projects will be reviewed for effectiveness is included in the Review and Selection Process section below. b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether SAM.gov identifies the applicant as being excluded from receiving federal awards or is flagged for any integrity record submission. FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following riskbased considerations of the applicant:
i. Financial stability.
ii. Quality of management systems and ability to meet management standards. iii. History of performance in managing federal award.
iv. Reports and findings from audits.
v. Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000:
i. FEMA is required by 41 U.S.C. § 2313 and 2 C.F.R. § 200.206(a)(2) to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS).

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ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206.

2. Review and Selection Process
a. SHSP and UASI
All proposed investments will undergo a federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO.

The federal review will be conducted by FEMA HQ Preparedness Officers. FEMA HQ Preparedness Officers will use a checklist to verify compliance with all administrative and eligibility criteria identified in the NOFO. Recipients must be able to demonstrate how investments support building capability and/or closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. IJs will be reviewed at both the investment and project level.

Emergency communications investments will be jointly reviewed by FEMA and CISA’s Emergency Communications Division (ECD) to verify compliance with SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance). FEMA and ECD will coordinate directly with the recipient on any compliance concerns and will provide technical assistance as necessary to help ensure full compliance.

Additional Effectiveness Evaluation Criteria for the National Priority Areas FEMA will evaluate the FY 2024 HSGP IJs and projects submitted in support of the National Priority Areas for anticipated effectiveness. FEMA’s review will include verification that each IJ or project meets the National Priority Area required spend percentages.

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Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

For additional information on Fusion Center requirements, please see the Preparedness Grants Manual.

Domestic violent extremism investments will be reviewed by DHS/FEMA, DHS Office of Intelligence and Analysis, DHS Center for Prevention Programs and Partnerships, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.

Community preparedness and resilience investments will be reviewed by DHS/FEMA and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.

Election security investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the scoring criteria set forth in this NOFO.

FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This includes factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome

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legal, political, or practical obstacles to reduce overall risk, the process, and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations.

For applicants that elect to submit IJs and project-level details for the National Priority Areas at the time of application, effectiveness will be evaluated prior to award. If the projects are found to not sufficiently align with the National Priority Area(s), applicants may have funds placed on hold (up to 30%) until the projects are revised to satisfactorily address the National Priority Areas.

For applicants that elect to submit IJs and project-level details for the National Priority Areas as part of their December 2024 BSIR, they will have funds placed on hold in the amount of 30%. The hold will be released only after their December 2024 BSIR submission has been reviewed, projects related to the National Priority Areas deemed in alignment by DHS/FEMA, and the funding hold is removed by FEMA.

SAAs are still required to meet pass-through requirements even if funds are on hold related to the National Priority Areas.

To that end, IJs should include:

How the proposed investment addresses the National Priority Area; An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable; and A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project.

For FY 2024 SHSP and UASI investments and projects related to the National Priority Areas, effectiveness will be evaluated based on the following four factors:

Investment Strategy (40%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the Nation.

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Budget (20%):Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.

Impact/Outcomes (40%): Proposals will be evaluated on how the investment helps the jurisdiction close capability gaps identified in its SPR and addresses the relevant National Priority Area outlined in this NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement.

Past Performance (additional consideration): Proposals will be evaluated based on the applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

B. OPSG
Applications will be reviewed by the SAA and USBP Sector Headquarters for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. For more information on Operations Orders and other requirements of OPSG, see section D.10 above and the Preparedness Grants Manual.

DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.

FY 2024 OPSG funds will be allocated among the eligible jurisdictions based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary of Homeland Security, who may consider information and input from various law enforcement offices or subject-matter experts within the Department. Factors considered include, but are not limited to threat, vulnerability, miles of the border, and other border-specific

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law enforcement intelligence, as well as the feasibility of FY 2024 Operations Orders to designated localities within border states and territories.

F. Federal Award Administration Information

1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO and the Preparedness Grants Manual, as well as any specific terms and conditions in the Notice of Award to receive an award under this program.

See the Preparedness Grants Manual for information on Notice of Award.

FEMA will provide the federal award package to the applicant electronically via FEMA GO. Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA’s grant application system to the AOR that submitted the application.

Recipients must accept their awards no later than 60 days from the award date.

The recipient shall notify FEMA of its intent to accept and proceed with work under the award through the FEMA GO system.

Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the specified timeframe may result in a loss of funds.

2. Pass-Through Requirements
Awards made to the SAA for HSGP carry additional statutorily mandated passthrough requirements. Pass-through is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. These entities

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are defined at 6 U.S.C. § 101(13) as:

A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government.

An Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.

A rural community, unincorporated town or village, or other public entity.

Four criteria must be met to pass-through grant funds:

The SAA must make a firm written commitment to passing through grant funds to subrecipients;
The SAA’s commitment must be unconditional (i.e., no contingencies for the availability of SAA funds);
There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and
The award terms must be communicated to the subrecipient.

Timing and Amount
The SAA must pass-through at least 80% of the funds awarded under SHSP and UASI to the above-defined local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier.

SAAs are sent notification of HSGP awards via the FEMA GO system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the FEMA GO system, the 45 calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the FEMA GO system, the 45 calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the FEMA GO system.

It is important to note that the period of performance start date does not directly affect the start of the 45 calendar days pass-through period. For example, an SAA

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may receive notice of the HSGP award on August 25, 2024, while the period of performance dates for that award are September 1, 2024, through August 31, 2027. In this example, the 45-day pass-through period will begin on the date the SAA accepts the HSGP award or September 9, 2024 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The period of performance start date of September 1, 2024 would not affect the timing of meeting the 45-calendar day pass-through requirement.

Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that passthrough requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. A letter of intent is not a firm commitment and if issued before FEMA makes the award, then a letter of intent is also not unconditional since it is inherently conditioned on receipt of funds.

The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80% of the funds to local units of government within 45 calendar days of receipt of the funds.

Under SHSP, the SAA may retain more than 20% of funding for expenditures made by the state on behalf of the local unit(s) of government, such as expenditures by the state in order to pass through goods or services to local unit(s) of government in lieu of cash. This may occur only with the written consent, such as a Memorandum of Understanding, between the SAA and the local unit(s) of government. Separate written consent is necessary for each local unit of government in which more than 20% of funding is retained on their behalf by the state. The written consent must specify the amount of funds to be retained and the intended use of funds, including whether any goods or services will be passed through in lieu of cash. It must also be signed by authorized representatives of both the state and the local unit of government.

States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2024, unless the written consent review indicates the local government is no longer in agreement. If

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modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Preparedness Officer. However, even if a written consent agreement is in place from previous fiscal years, the SAA must still initially carry out the pass-through documentation for its FY 2024 award and comply with the four pass-through criteria described above before the written consent agreement can take effect for purposes of the FY 2024 funding.

Additional OPSG Requirements
The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivalent Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition.

3. Administrative and National Policy Requirements
In addition to the requirements of in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.

In addition to the information regarding DHS Standard Terms and Conditions and Ensuring the Protection of Civil Rights, see the Preparedness Grants Manual for additional information on administrative and national policy requirements, including the following:
· Environmental Planning and Historic Preservation (EHP) Compliance · FirstNet
· National Incident Management System (NIMS) Implementation · SAFECOM
a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at: DHS Standard Terms and Conditions.

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The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award. b. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations.

Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA, as applicable.

The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available at https://www.fema.gov/about/offices/equal-rights/civilrights.

Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7 or other applicable regulations.

In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.
c. Environmental Planning and Historic Preservation (EHP) Compliance See the Preparedness Grants Manual for information on EHP compliance. d. National Incident Management System (NIMS) Implementation

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In expending funds under this program, recipients that are state, local, tribal, or territorial governments must ensure and maintain adoption and implementation of NIMS, including implementation of important operational systems defined under NIMS, such as ICS. The state, local, tribal, or territorial government must show adoption of NIMS during any point of the period of performance. See the Preparedness Grants Manual for information about NIMS implementation. e. Emergency Communication Investments
If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:

The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to FEMA GO at the time of the first Program Performance Report submission.

All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through federal grants. Note that the designated full-time SWIC may also be the state’s or territory’s cybersecurity point of contact. SWIC status information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities.

By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc. Following the initial update, the SCIP should be updated on an annual basis. SCIP status information will be maintained by CISA and will be verified by FEMA GPD through programmatic monitoring activities.

All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required). Exercises should be used to both

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demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible. Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate. Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.

States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above), training, exercises, and equipment costs. Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the Preparedness Grants Manual.
f. Mandatory Disclosures
The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. (2 CFR 200.113 Please note applicants and recipients may report issues of fraud, waste, abuse, and mismanagement, or other criminal or noncriminal misconduct to the Office of Inspector General (OIG) Hotline. The toll-free numbers to call are 1 (800) 323- 8603, and TTY 1 (844) 889-4357.

4. Reporting
Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent.

See the Preparedness Grants Manual for information on reporting requirements.

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5. Monitoring and Oversight
The regulation at 2 C.F.R. § 200.337 provides DHS and any of its authorized representatives with the right of access to any documents, papers, or other records of the recipient [and any subrecipients] that are pertinent to a federal award in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the recipient’s or subrecipient’s personnel for the purpose of interview and discussion related to such documents.

Pursuant to this right and per 2 C.F.R. § 200.329, DHS may conduct desk reviews and make site visits to review project accomplishments and management control systems to evaluate project accomplishments and to provide any required technical assistance. During site visits, DHS may review a recipient’s or subrecipient’s files pertinent to the federal award and interview and/or discuss these files with the recipient’s or subrecipient’s personnel. Recipients and subrecipients must respond in a timely and accurate manner to DHS requests for information relating to a federal award.

See the Preparedness Grants Manual for information on monitoring and oversight.

G. DHS Awarding Agency Contact Information

1. Contact and Resource Information
a. Program Office Contact
FEMA has assigned state-specific Preparedness Officers for the HSGP. If you do not know your Preparedness Officer, please contact FEMA Grants News by phone at (800) 368-6498 or by email at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET.
b. FEMA Grants News
FEMA Grants News is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. This channel provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns. FEMA Grants News can be reached by e-mail at fema-grantsPage 116 of 126 Page printed at fema.gov/grants/preparedness/homeland-security/fy-24-nofo 04/18/2024 821
[email protected] OR by phone at (800) 368-6498, Monday through Friday, 9:00 AM – 5:00 PM ET.
c. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at ASK[email protected]. d. FEMA Regional Offices
FEMA Regional Offices provide some fiscal support functions, including cash analysis and financial monitoring for this program. The FEMA Grant Programs Directorate, Office of Grants Administration, is responsible for financial and programmatic management of this program, and provides technical assistance, as needed or requested.

FEMA Regional Office contact information is available at:
https://www.fema.gov/fema-regional-contacts.
e. Equal Rights
The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to [email protected] .
f. Environmental Planning and Historic Preservation
GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected].

2. Systems Information
a. FEMA GO

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For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at [email protected] or (877) 585-3242, Monday through Friday, 9:00 AM – 6:00 PM ET.
b. FEMA Preparedness Toolkit
The FEMA Preparedness Toolkit (PrepToolkit) provides access to the tools and resources needed to implement the National Preparedness System and provide a collaborative community space for communities completing the Unified Reporting Tool (URT). Recipients complete and submit their THIRA/SPR, and other required assessments using the tools on PrepToolkit. For assistance, contact [email protected].

H. Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources.

Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Preparedness Grants Manual for further information. Examples of information contained in the Preparedness Grants Manual include:
· Actions to Address Noncompliance
· Audits
· Case Studies and Use of Grant-Funded Resources During Real-World Incident Operations
· Community Lifelines
· Conflicts of Interest in the Administration of Federal Awards and Subawards · Disability Integration
· National Incident Management System
· Payment Information
· Period of Performance Extensions

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· Procurement Integrity
· Record Retention
Termination Provisions
· Whole Community Preparedness
· Report Issues of Fraud, Waste, and Abuse
· Hazard Resistant Building Codes
· Other Post-Award Requirements

1. Termination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. Note that all information in this Section H.1 “Termination Provisions” is repeated in the Preparedness Grants Manual. a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non-responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this

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NOFO. See also the section on Actions to Address Noncompliance in the Preparedness Grants Manual.
b. With the Consent of the Recipient
FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated.
c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award.

2. Program Evaluation
Federal agencies are required to structure NOFOs that incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting agency priority goal(s) and program outcomes.

OMB Memorandum M-21-27, Evidence-Based Policymaking: Learning Agendas and Annual Evaluation Plans, implementing Title I of the Foundations for Evidence-Based Policymaking Act of 2018, Pub. L. No. 115-435 (2019) (Evidence Act), urges federal awarding agencies to use program evaluation as a critical tool to learn, improve equitable delivery, and elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act, § 101 (codified at 5 U.S.C. § 311).

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As such, recipients and subrecipients are required to participate in a DHS-, Component, or Program Office-led evaluation if selected, which may be carried out by a third-party on behalf of the DHS, its component agencies, or the Program Office. Such an evaluation may involve information collections including but not limited to surveys, interviews, or discussions with individuals who benefit from the federal award program operating personnel, and award recipients, as specified in a DHS-, component agency-, or Program Office-approved evaluation plan. More details about evaluation requirements may be provided in the federal award, if available at that time, or following the award as evaluation requirements are finalized. Evaluation costs incurred during the period of performance are allowable costs (either as direct or indirect). Recipients and subrecipients are also encouraged, but not required, to participate in any additional evaluations after the period of performance ends, although any costs incurred to participate in such evaluations are not allowable and may not be charged to the federal award.

3. Financial Assistance Programs for Infrastructure
a. Build America, Buy America Act
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers.

See also 2 C.F.R. Part 184 and Office of Management and Budget (OMB) Memorandum M-24-02, Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.

None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and

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furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

For FEMA's official policy on BABAA, please see FEMA Policy 207-22-0001: Buy America Preference in FEMA Financial Assistance Programs for Infrastructure available at https://www.fema.gov/sites/default/files/documents/fema_buildamerica-buy-america-act-policy.pdf To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov. and https://www.fema.gov/sites/default/files/documents/fema_build-america-buyamerica-act-policy.pdf b. Waivers
When necessary, recipients (and subrecipients through their pass-through entity) may apply for, and FEMA may grant, a waiver from these requirements.

A waiver of the domestic content procurement preference may be granted by the agency awarding official if FEMA determines that:

Applying the domestic content procurement preference would be inconsistent with the public interest.

The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality.

The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%.

For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA’s website at: "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. c. Definitions
For BABAA specific definitions, please refer to the FEMA Buy America website at:
“Programs and Definitions: Build America, Buy America Act | FEMA.gov.”

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Please refer to the applicable DHS Standard Terms & Conditions for the BABAA specific term applicable to all FEMA financial assistance awards for infrastructure.

4. Report issues of fraud, waste, abuse
Please note, when applying to this notice of funding opportunity and when administering the grant, applicants may report issues of fraud, waste, abuse, and mismanagement, or other criminal or noncriminal misconduct to the Office of Inspector General (OIG) Hotline. The toll-free numbers to call are 1 (800) 323- 8603, and TTY 1 (844) 889-4357.

5. National Threat Evaluation and Reporting (NTER) Program Office As the threat landscape continues to evolve, the DHS Office of Intelligence and Analysis (I&A) National Threat Evaluation and Reporting (NTER) Program Office empowers homeland security partners to adapt to new threats and prevent terrorism and targeted violence. NTER equips homeland security partners with tools and resources to identify, report, and mitigate threats of terrorism and targeted violence to keep the Homeland safe primarily through two lines of effort:
the Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI) and Behavioral Threat Assessment Integration.
a. Behavioral Threat Assessment Integration
NTER assists federal, state, local, tribal, and territorial (F/SLTT) partners with integrating a behavioral approach to violence prevention into their processes for identifying and mitigating homeland security threats of targeted violence, regardless of motive. Through training, partner capacity building, and information sharing, NTER supports the identification and mitigation of threats. The Office fills a national gap by providing a framework for Behavioral Threat Assessment and Management (BTAM) as a best practice for targeted violence prevention.

The Master Trainer Program certifies F/SLTT partners in the instruction of BTAM techniques and best practices. This instructor development and certification program prepares F/SLTT partners to engage their local communities and empowers homeland partners to help mitigate threats and aid in preventing acts of targeted violence. ·
Foundations of Targeted Violence Prevention eLearning: This one-hour eLearning empowers partners to recognize threats or potentially concerning

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behaviors; understand what behaviors may be displayed by a person who is on a pathway to violence; learn where to report information of concern; and understand how the information reported will be used to keep our communities safe.
b. Nationwide Suspicious Activity Reporting Initiative
The NSI is a joint collaborative effort by the U.S. Department of Homeland Security, the Federal Bureau of Investigation, and F/SLTT law enforcement partners. This initiative provides law enforcement with a tool to help prevent terrorism and other related criminal activity by establishing a national capacity for identifying, gathering, documenting, processing, analyzing, and sharing tips and leads. The NSI is a standardized process for identifying, reporting, and sharing suspicious activity in jurisdictions across the country.

SAR Standardized Technical Assistance Consultation Guide: This document provides an overview of the technical assistance and training services.

Online SAR Training for Law Enforcement and Hometown Security Partners: To increase the effectiveness of this multifaceted approach, the NSI has developed training programs for frontline officers and hometown security partners on how to report identified suspicious activity to the proper authorities while maintaining the protection of citizens' privacy, civil rights, and civil liberties.

Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI) Fundamentals | Homeland Security (dhs.gov): This one-hour training course provides an interactive overview of the NSI. It provides users an understanding of the evaluation process used to determine whether identified behavior adheres to the Information Sharing Environment Functional Standard criteria, in accordance with privacy, civil rights, and civil liberties protections. [1]Strategic Intelligence Assessment and Data on Domestic Terrorism, Federal Bureau of Investigation and Department of Homeland Security, June 2023. [2]Including assessment of critical infrastructure system vulnerabilities and plans to reduce consequences of disruptions, using the Infrastructure Resilience Planning Framework and Regional Resiliency Assessment Methodology produced

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by the Cybersecurity and Infrastructure Security Agency. [3] For more information on considering the impacts of climate change, please see Executive Order 14008, Tackling the Climate Crisis at Home and Abroad and Executive Order 14030, Climate-Related Financial Risk
[4]Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. [5]This applies to all homeland security personnel and is not limited to M&A staff, and costs are to be captured outside the cap on M&A costs. [6] FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies and to comply with and implement the recommendations stemming from EO 13688, which established prohibited equipment and controlled equipment lists.
[7]Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. [8]This applies to all homeland security personnel and is not limited to M&A staff, and costs are to be captured outside the cap on M&A costs. [9] FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies and to comply with and implement the recommendations stemming from EO 13688, which established prohibited

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equipment and controlled equipment lists.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0482 Agenda Date: 11/18/2024 Agenda #: 16.

Agenda Item Wording:

Approve Agreements for the 2024-2025 Land Fallowing Program - Authorize the City Manager to sign the Greater Kaweah Groundwater Sustainability Agency (GKGSA) 2024-2025 Pilot Fallowing Program contracts for a combined 138.91 field acres in the total amount of $69,455 to be paid to the City of Visalia.

Deadline for Action: 11/18/2024
Submitting Department: Public Works
Contact Name and Phone Number: Nick Bartsch 559-713-4428 Department Recommendation:

Staff recommends that the Council authorize the City Manager to sign the Greater Kaweah Groundwater Sustainability Agency (GKGSA) 2024-2025 Pilot Fallowing Program contracts for a combined 138.91 field acres, related to APNs: 073-110-036, 073-110-049, 073-110-051, 073-110- 068, and 103-100-052, in the total amount of $69,455 to be paid to the City of Visalia.

Background Discussion:

Based on the health and condition of the walnut orchards, historical and projected crop production, and associated uncertainties related to groundwater sustainability regulations, the City Council directed City staff to stop farming its 130 acres of Walnuts, just north of the Water Reclamation Facility (WRF), in December 2023. This direction also included the removal of the walnut orchard and the exploration of long-term lease options that would be compatible with the Wastewater Treatment Plant operations.

The GKGSA has established a Land Fallowing Pilot Program in order to immediately reduce groundwater extraction within the GKGSA’s jurisdictional boundaries, reduce impacts to domestic and irrigation wells, and effectuate the objectives of GKGSA’s Groundwater Sustainability Plan and the Sustainable Groundwater Management Act (“SGMA”). Under this program, the land shall remain fallowed from October 1, 2024 through September 30, 2025. Any farm within GKGSA’s boundaries with four or more acres was eligible to bid. Growers had to be in good standing with the GKGSA and compliant with all other rules, regulations, statues, and laws. The Program’s process consisted of a determination of need on the part of the GKGSA, the submission of bids, scoring and awarding of bids.

With Council’s direction to cease the farming of its walnuts, and while City Staff continues to explore the most beneficial use of this land, they submitted a proposal to the GKGSA to fallow the land currently occupied by its walnut orchards (APNs 073-110-036, 073-110-049, 073-110-051, 073-110- 068), as well as a City-owned parcel just southwest of Oakes Basin (APN 103-100-052) under its 2024-2025 Fallowing Program.

Visalia City Council Page 1 of 2 Printed on 11/15/2024
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File #: 24-0482 Agenda Date: 11/18/2024 Agenda #: 16.

The GKGSA received, and independently and anonymously evaluated, bids from twenty-five applicants. Bids ranged from $150 - $1,680 per acre. Because the process was conducted as a uniform price auction, the GKGSA determined to award a uniform price to all bidders that submitted a bid per acre under the aggregate dollar amount approved. This resulted in a price of $500 per field acre that is fallowed. The City’s proposed amount for its 138.91 field acres qualified under this criteria.

Fiscal Impact:

The farmland surrounding the Water Reclamation Facility (WRF) (APNs: 073-110-036, 073-110-049, 073-110-051, 073-110-068) is owned by the Wastewater Fund (431), and operated under the Farming Division (4344). Therefore, the revenue of $60,435 generated under this fallowing contract would be credited to the Wastewater Fund (431). This could be utilized to offset the one-time expense of the removal and disposal of the walnut orchards. The land southwest of the Oakes Basin (APN: 103-100-052) is owned by the General Fund (001) and Storm Sewer Defficiency (222), so the associated revenue of $9,020 related to the fallowing of this parcel would be credited proportionally to the General Fund and Storm Sewer Defficiency funds at a rate of 86% and 14%, respectively.

In total, the fallowing of land in accordance with the proposed agreements under the GKGSA 2024- 2025 Pilot Fallowing Program would generate $69,455 of revenue to the City of Visalia.

Prior Council Action: - December 18, 2023 - City Council was presented an update to the cityowned farmland and farming operations and provided direction to cease farming operations of the 130 acres of walnuts.

Alternatives: Do not participate in the proposed GKGSA 2024-2025 Land Fallowing Program.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to sign the Greater Kaweah Groundwater Sustainability Agency 2024-2025 Pilot Fallowing Program contracts for a combined 138.91 field acres in the total amount of $69,455 to be paid to the City of Visalia.

CEQA Review: N/A
Attachments: Attachment #1 - GKGSA 2024-2025 Pilot Fallowing Program Contract - APNs: 073- 110-036, 073-110-049, 073-110-051, 073-110-068
Attachment #2 - GKGSA 2024-2025 Pilot Fallowing Program Contract - APN: 103-100-052 Attachment #3 - Maps of Proposed Land to be Fallowed under the GKGSA 2024-2025 Fallowing Program
Visalia City Council Page 2 of 2 Printed on 11/15/2024
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GREATER KAWEAH GROUNDWATER SUSTAINABILITY AGENCY
2024-2025 PILOT FALLOWING PROGRAM CONTRACT
This 2024-2025 FALLOWING PROGRAM Contract (hereinafter “Contract” or “Agreement”) is made this 8th day of October 2024, by and between City of Visalia (“Grower”) and the Greater Kaweah Groundwater Sustainability Agency (“GKGSA”).

RECITALS
A. Fallowing Program (“Program”) is offered to Growers in an effort to reduce demand on the groundwater resources of the GKGSA and move the GSA toward sustainability. It is an optional, 1-year program where Grower agrees to fallow designated property, not irrigate, not produce any crop, and eliminate use of groundwater associated with the property.

B. GKGSA has established the 2024-2025 Fallowing Program, funded through penalty fees collected from the Transitional Pumping Program which invoices annually from landowners who pump water in excess of their Sustainable Yield Allocation; C. GKGSA, at its discretion, will make a portion of those funds available to pay growers to fallow designated property(s) for one (1) year, October 1 through September 30, all subject to funds available;
D. Grower has submitted an application to participate in the Program, which is attached hereto and incorporated by reference as Exhibit A;
E. Grower has reviewed this Agreement, as well as the Fallowing Program Summary, and desires to participate in the Program, and to cooperate with the GKGSA with respect to the performance of the Agreement;
F. Grower understands that to participate in the Program he or she must be in “good standing” with the GKGSA, compliant in previous Fallowing Program participation (if applicable), compliant with all rules and regulations, and not in violation of any law, statute, regulation, or otherwise.

NOW THEREFORE, in and for consideration of the mutual covenants, conditions and promises hereinafter set forth, the Parties hereby agree as follows:

AGREEMENT

1. Recitals. The above recitals are hereby incorporated by reference and made a part of this Agreement as though fully set forth herein.

2. Land Fallowing. Grower shall fallow 120.87 acres identified in the application submitted by Grower (“Enrolled Lands”), and all Enrolled Lands shall remain fallowed from October 1, 2024 through September 30, 2025. The Enrolled Lands are more particularly described in attached Exhibit B, and if the Enrolled Lands are less than a full parcel, Grower shall include a map illustrating the location of the partial acreage to be fallowed.

To qualify as fallowed, the Enrolled Lands must eliminate the entire consumption of groundwater available for the property, specifically the Sustainable Yield Allocation, Tier 1 834
Allocation, Tier 2 Allocation adding up to 1.32 acre feet per acre of groundwater. Additionally, water associated with the Enrolled Lands is not available for groundwater Carryover, Transfer, or use in any other way. No production and harvesting of crops on the Enrolled Lands are allowed. Cover crops are allowed via rainwater only and cannot be harvested. Grazing is permitted.

3. No Extraction of Native Sustainable Yield, Tier 1, Tier 2 Allocation(s). Pursuant to Section 4.03(a) and (b) of the GKGSA Third Amended Rules and Regulations approved February 12, 2024 and any subsequent amendments thereto (hereinafter “GKGSA Rules and Regulations”), Grower hereby waives any right to receive any Sustainable Yield, Tier 1, Tier 2 Penalty Allocation(s) for the Enrolled Lands for the 2024-2025 year. Grower is prohibited from using Sustainable Yield, Tier 1, Tier 2, Penalty Allocation(s) regardless of source on the Enrolled Lands, including but not limited to Sustainable Yield, Tier 1, Tier 2, Penalty Allocation(s) allocated to lands owned by Grower, but not enrolled pursuant to the Program, or transferred Sustainable Yield, Tier 1, Tier 2, Penalty Allocation(s) from third parties. a. Recharge or Banked Credits
Grower is not prohibited from applying Direct Diversions of Surface Water or Surface Water Recharge Credits as defined pursuant to GKGSA Rules and Regulations Section 3.03(b) and (g) on the Enrolled Lands.

4. Verification. GKGSA staff, or representative consultants, will verify compliance with the 2024-2025 Fallowing Program (“Verification Process”) ensuring there is no active irrigation or crop production on the Enrolled Lands. The Verification Process will consist of (1) performing inspections (one estimated to be conducted in April 2025, and one estimated to be conducted in August 2025), and (2) evaluation of remote sensing data (LandIQ) for each month from October 1, 2024 through September 30, 2025.

5. Compensation. As consideration for the mutual covenants, conditions and promises to set forth herein, the GKGSA will compensate Grower(s) according to their bid and the associated uniform price selected by the GKGSA in the bidding process. For each acre of fallowed land enrolled in the 2024-2025 Fallowing Program, Grower will be compensated $500 per acre.

Accordingly, GKGSA will compensate Grower a total of $60,435.00 in December 2025, or January 2026, depending on Grower preference and only after successful compliance has been determined through the Verification Process.

6. Dust Mitigation Plan. No later than December 2, 2024, Grower shall prepare and submit to GKGSA a dust mitigation plan, such as a cover crop planting strategy, chipping, or a water truck application plan. Grower is required to comply with any and all existing and future laws or regulations regarding dust mitigation, including but not limited to those restrictions imposed by the San Joaquin Valley Air Pollution Control Board. 835

7. Cooperation with GSA. Grower agrees to cooperate with GKGSA in all matters related to the performance of this Agreement. In addition, Grower agrees to provide timely and accurate information regarding all matters related to this Contract, as well as all matters referenced in the Guidelines.

8. Indemnity and Hold Harmless. To the fullest extent permitted by law, Grower shall indemnify, hold harmless, and defend GKGSA, its directors, officers, employees, consultants, agents or authorized volunteers, and each of them, from any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature whatsoever, arising out of or in any manner directly or indirectly connected with Grower’s breach of this Agreement.

9. Access to Lands. Grower agrees to provide access to GKGSA, or a representative consultant, with respect to the Enrolled Lands.

10. Successor and Assigns. All of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties hereto.

11. Default. Grower shall be in default of this Agreement if any of the following occur: (1) the Enrolled Lands are not fallowed for the entirety of the period beginning October 1, 2024 and ending September 30, 2025; (2) Sustainable Yield, Tier 1, or Tier 2 Penalty Allocation(s) are consumed on the Enrolled Lands; (3) Grower has not prepared, or is not complying with, a dust mitigation plan; or (4) Grower is not in “good standing” with the GKGSA.

12. Remedies. If Grower defaults, or otherwise materially breaches this Agreement, the GSA may require the following: (1) repayment of entire award; (2) reduction in future years’ allocations for property owned by Grower within the GKGSA; or (3) take any other action it deems appropriate for the implementation of the Program, its performance of the GSA Contract, or the performance of this Agreement.

13. Grower Representations, Warranties, and Covenants. Grower represents and warrants to GKGSA that Grower is the sole owner of the Enrolled Lands and has the unrestricted right and authority to enter into this Agreement. Each person signing this Agreement on behalf of Grower is authorized to do so, and all persons and entities having any ownership or possessory interest in Grower’s property are signing this Agreement. Grower represents and warrants that he or she has complied with all required regulations and guidelines of the Program, and that all of the representations made by Grower in Grower’s application to the Program are true and correct.

14. Attorney’s Fees. In the event of a dispute between the parties related to or arising from this Agreement or any of the actions or events described herein, the prevailing party in any litigation or arbitration shall be entitled to recover all costs and fees associated with the action or arbitration, including, without limitation, all attorney’s fees and expert witness fees. 836

15. Compliance with all Laws. Grower is required to comply with all laws, regulations, and permitting, including but not limited to GKGSA Rules and Regulations.

16. Governing Law. The laws of the State of California shall govern under the interpretation and enforcement of this Agreement.

17. Interpretation. The parties agree that the terms and provisions of this Agreement embody their mutual intent and that such terms and conditions are not to be construed more liberally in favor, or more strictly against, any Party.

18. Partial Invalidity. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, a provision shall be added to this Agreement as similar in terms to such invalid or unenforceable provision as may be possible, and be legal, valid and enforceable, and the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
“Grower” “GKGSA”
Greater Kaweah Groundwater
____________________ Sustainability Agency
City of Visalia, Landowner
By
Mark Larsen, General Manager
837

EXHIBIT A

GROWER APPLICATION
838

EXHIBIT B

LEGAL DESCRIPTION OF ENROLLED LANDS
839

PILOT LAND FALLOWING PROGRAM SUBMISSION FORM

CONTACT INFORMATION
Name City of Visalia Mailing Address 707 W Acequia Ave., Visalia, CA 93291 Phone (559) 713-4428 Email [email protected]
Name of Farming Operation _C_it ..... y_ o_ f_V_i_s_al_ia _______________ _ Please refer to your water dashboard at https://gsawd.com/ in order to provide accurate infonnation below.

Water Dashboard Number (upper left hand corner of dashboard):WD ---- 3411 List the fields you pledge to fallow below.

Water Account APN Dashboard Crop Type
Number Field Name
WA 0001562 073-110-036 Walnuts West of 99 Walnuts
WA 0001562 073-110-049 Walnuts West of 99 Walnuts
WA 0001562 073-110-051 Walnuts West of 99 Walnuts
WA 0001562 073-110-068 Walnuts West of 99 Walnuts
Total acres to Fallow:

COMPENSATION: Price grower is willing to accept per acre:

Dashboard
Field Acres
120.87
120.87
$ 300.00
Would you be interested in strategic recharge opportunities to put excess surface water/flood water on your fallowed land?&]/ Li
� understand that if accepted, I am agreeing to fallow the above acreage(s) for a total of Q.!!£ year beginning October 1, 2024 through September 31, 2025 and that 1.87 acre feet per acre of water will be de ucted from m da�hbo / for each acre fallowed. 840

GREATER KAWEAH GROUNDWATER SUSTAINABILITY AGENCY
2024-2025 PILOT FALLOWING PROGRAM CONTRACT
This 2024-2025 FALLOWING PROGRAM Contract (hereinafter “Contract” or “Agreement”) is made this 8th day of October 2024, by and between City of Visalia (“Grower”) and the Greater Kaweah Groundwater Sustainability Agency (“GKGSA”).

RECITALS
A. Fallowing Program (“Program”) is offered to Growers in an effort to reduce demand on the groundwater resources of the GKGSA and move the GSA toward sustainability. It is an optional, 1-year program where Grower agrees to fallow designated property, not irrigate, not produce any crop, and eliminate use of groundwater associated with the property.

B. GKGSA has established the 2024-2025 Fallowing Program, funded through penalty fees collected from the Transitional Pumping Program which invoices annually from landowners who pump water in excess of their Sustainable Yield Allocation; C. GKGSA, at its discretion, will make a portion of those funds available to pay growers to fallow designated property(s) for one (1) year, October 1 through September 30, all subject to funds available;
D. Grower has submitted an application to participate in the Program, which is attached hereto and incorporated by reference as Exhibit A;
E. Grower has reviewed this Agreement, as well as the Fallowing Program Summary, and desires to participate in the Program, and to cooperate with the GKGSA with respect to the performance of the Agreement;
F. Grower understands that to participate in the Program he or she must be in “good standing” with the GKGSA, compliant in previous Fallowing Program participation (if applicable), compliant with all rules and regulations, and not in violation of any law, statute, regulation, or otherwise.

NOW THEREFORE, in and for consideration of the mutual covenants, conditions and promises hereinafter set forth, the Parties hereby agree as follows:

AGREEMENT

1. Recitals. The above recitals are hereby incorporated by reference and made a part of this Agreement as though fully set forth herein.

2. Land Fallowing. Grower shall fallow 18.04 acres identified in the application submitted by Grower (“Enrolled Lands”), and all Enrolled Lands shall remain fallowed from October 1, 2024 through September 30, 2025. The Enrolled Lands are more particularly described in attached Exhibit B, and if the Enrolled Lands are less than a full parcel, Grower shall include a map illustrating the location of the partial acreage to be fallowed.

To qualify as fallowed, the Enrolled Lands must eliminate the entire consumption of groundwater available for the property, specifically the Sustainable Yield Allocation, Tier 1 841
Allocation, Tier 2 Allocation adding up to 1.32 acre feet per acre of groundwater. Additionally, water associated with the Enrolled Lands is not available for groundwater Carryover, Transfer, or use in any other way. No production and harvesting of crops on the Enrolled Lands are allowed. Cover crops are allowed via rainwater only and cannot be harvested. Grazing is permitted.

3. No Extraction of Native Sustainable Yield, Tier 1, Tier 2 Allocation(s). Pursuant to Section 4.03(a) and (b) of the GKGSA Third Amended Rules and Regulations approved February 12, 2024 and any subsequent amendments thereto (hereinafter “GKGSA Rules and Regulations”), Grower hereby waives any right to receive any Sustainable Yield, Tier 1, Tier 2 Penalty Allocation(s) for the Enrolled Lands for the 2024-2025 year. Grower is prohibited from using Sustainable Yield, Tier 1, Tier 2, Penalty Allocation(s) regardless of source on the Enrolled Lands, including but not limited to Sustainable Yield, Tier 1, Tier 2, Penalty Allocation(s) allocated to lands owned by Grower, but not enrolled pursuant to the Program, or transferred Sustainable Yield, Tier 1, Tier 2, Penalty Allocation(s) from third parties. a. Recharge or Banked Credits
Grower is not prohibited from applying Direct Diversions of Surface Water or Surface Water Recharge Credits as defined pursuant to GKGSA Rules and Regulations Section 3.03(b) and (g) on the Enrolled Lands.

4. Verification. GKGSA staff, or representative consultants, will verify compliance with the 2024-2025 Fallowing Program (“Verification Process”) ensuring there is no active irrigation or crop production on the Enrolled Lands. The Verification Process will consist of (1) performing inspections (one estimated to be conducted in April 2025, and one estimated to be conducted in August 2025), and (2) evaluation of remote sensing data (LandIQ) for each month from October 1, 2024 through September 30, 2025.

5. Compensation. As consideration for the mutual covenants, conditions and promises to set forth herein, the GKGSA will compensate Grower(s) according to their bid and the associated uniform price selected by the GKGSA in the bidding process. For each acre of fallowed land enrolled in the 2024-2025 Fallowing Program, Grower will be compensated $500 per acre.

Accordingly, GKGSA will compensate Grower a total of $9,020.00 in December 2025, or January 2026, depending on Grower preference and only after successful compliance has been determined through the Verification Process.

6. Dust Mitigation Plan. No later than December 2, 2024, Grower shall prepare and submit to GKGSA a dust mitigation plan, such as a cover crop planting strategy, chipping, or a water truck application plan. Grower is required to comply with any and all existing and future laws or regulations regarding dust mitigation, including but not limited to those restrictions imposed by the San Joaquin Valley Air Pollution Control Board. 842

7. Cooperation with GSA. Grower agrees to cooperate with GKGSA in all matters related to the performance of this Agreement. In addition, Grower agrees to provide timely and accurate information regarding all matters related to this Contract, as well as all matters referenced in the Guidelines.

8. Indemnity and Hold Harmless. To the fullest extent permitted by law, Grower shall indemnify, hold harmless, and defend GKGSA, its directors, officers, employees, consultants, agents or authorized volunteers, and each of them, from any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature whatsoever, arising out of or in any manner directly or indirectly connected with Grower’s breach of this Agreement.

9. Access to Lands. Grower agrees to provide access to GKGSA, or a representative consultant, with respect to the Enrolled Lands.

10. Successor and Assigns. All of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties hereto.

11. Default. Grower shall be in default of this Agreement if any of the following occur: (1) the Enrolled Lands are not fallowed for the entirety of the period beginning October 1, 2024 and ending September 30, 2025; (2) Sustainable Yield, Tier 1, or Tier 2 Penalty Allocation(s) are consumed on the Enrolled Lands; (3) Grower has not prepared, or is not complying with, a dust mitigation plan; or (4) Grower is not in “good standing” with the GKGSA.

12. Remedies. If Grower defaults, or otherwise materially breaches this Agreement, the GSA may require the following: (1) repayment of entire award; (2) reduction in future years’ allocations for property owned by Grower within the GKGSA; or (3) take any other action it deems appropriate for the implementation of the Program, its performance of the GSA Contract, or the performance of this Agreement.

13. Grower Representations, Warranties, and Covenants. Grower represents and warrants to GKGSA that Grower is the sole owner of the Enrolled Lands and has the unrestricted right and authority to enter into this Agreement. Each person signing this Agreement on behalf of Grower is authorized to do so, and all persons and entities having any ownership or possessory interest in Grower’s property are signing this Agreement. Grower represents and warrants that he or she has complied with all required regulations and guidelines of the Program, and that all of the representations made by Grower in Grower’s application to the Program are true and correct.

14. Attorney’s Fees. In the event of a dispute between the parties related to or arising from this Agreement or any of the actions or events described herein, the prevailing party in any litigation or arbitration shall be entitled to recover all costs and fees associated with the action or arbitration, including, without limitation, all attorney’s fees and expert witness fees. 843

15. Compliance with all Laws. Grower is required to comply with all laws, regulations, and permitting, including but not limited to GKGSA Rules and Regulations.

16. Governing Law. The laws of the State of California shall govern under the interpretation and enforcement of this Agreement.

17. Interpretation. The parties agree that the terms and provisions of this Agreement embody their mutual intent and that such terms and conditions are not to be construed more liberally in favor, or more strictly against, any Party.

18. Partial Invalidity. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, a provision shall be added to this Agreement as similar in terms to such invalid or unenforceable provision as may be possible, and be legal, valid and enforceable, and the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
“Grower” “GKGSA”
Greater Kaweah Groundwater
____________________ Sustainability Agency
City of Visalia, Landowner
By
Mark Larsen, General Manager
844

EXHIBIT A

GROWER APPLICATION
845

EXHIBIT B

LEGAL DESCRIPTION OF ENROLLED LANDS
846
847
848
849
850
851
852
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0483 Agenda Date: 11/18/2024 Agenda #: 17.

Agenda Item Wording:

Fire Department Hazmat MOU Extension w/ Amendments - Authorize the City Manager to execute the amendment and extension of the Tulare & Kings County Interagency Hazardous Materials (Hazmat) Team Memorandum of Understanding (MOU).

Deadline for Action: 11/18/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, Fire Chief, 559-713-4220 Crissy Balderama, Administrative Analyst, 559-713 -4513
Department Recommendation:

Staff recommends the City Council authorize the City Manager to execute the amendment and extension of Tulare and Kings County Interagency Hazmat Team MOU and grant authority for the City Manager to authorize minor changes to the agreement if necessary.

Background Discussion:

A regional approach to Hazmat response within Tulare and Kings counties has been in place for several years. The Fire Department has documentation on file of service agreements dating prior to 2010. In 2019, partnering agencies entered into the current MOU and cost share agreement. The initial term of the MOU was five years and was due for extension on June 30, 2024.

To prepare for the MOU extension, Fire Administration solicited feedback from partnering agencies, worked closely with the Finance Department, and City Legal to recommend the amendments included. Below is a summary of the recommended amendments and the full amendment document is included as an attachment to this staff report. Following the recommended amendments is an explanation of the operational cost share, and the added cost share for vehicle replacement.

Extension and Recommended Amendments:

Extended Term of the Agreement - The term of the MOU shall be extended for an additional five-year term. The MOU, as modified by this Amendment, shall be extended until June 30, 2029.

Cost Recovery Among Parties - This amendment allows for a means to collect from a responsible party when the incident occurs outside the City of Visalia and the City has not been able to collect the response costs. The amendment recommends a change to the current procedure where if the City of Visalia is unable to collect Hazmat response related costs and fees from a responsible party not within the City of Visalia’s jurisdiction within twelve months of the incident, the agency in whose jurisdiction the incident occurred will reimburse the remaining agencies of the agreement. Agencies have up to one year to reimburse the Visalia City Council Page 1 of 4 Printed on 11/15/2024
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File #: 24-0483 Agenda Date: 11/18/2024 Agenda #: 17.
the remaining agencies of the agreement. Agencies have up to one year to reimburse the costs. The purpose of this amendment allows the agency with jurisdiction where the incident occurred to use their local authority and means to collect the costs of response.

Termination - This amendment adds language stating that if an agency decides to withdraw from the MOU prior to October 1, then their required contributions under the agreement may be prorated based on the applicable termination date. This amendment also states all previously contributed fees, materials, assets, etc. will remain with the remaining agencies of the agreement.

Tule River Indian Tribe included as an Agency to the MOU - This amendment includes language specific to the inclusion of the Tule River Indian Tribe to this agreement.

Exhibit A Cost Responsibility - This amendment changes the annual escalator from the current 2% to the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Customers. This amendment also states that in no instance shall the annual increase exceed 5%.

Wording Changes - There were some wording changes made within the amendment and the Exhibit A. Most notably, the words “Party” or “Parties” to denote partnering agencies of the MOU were changed to the words “Agency” or “Agencies.” This change adds distinction between a partnering agency of the MOU and a responsible party for an incident.

Operational Cost Share Assessment
To prepare for the extension, Fire Administration analyzed program operational costs over the first five-year term of the MOU to determine if an adjustment to the cost share amount was appropriate.

The operational costs assessed included personnel costs, medical costs, training costs, operational expenses including equipment and capital improvement projects, and fuel/maintenance costs for the hazmat response vehicle, Hazmat 55. After evaluation, Fire Administration determined $85,531 to be the average annual cost to include as the cost share within the MOU. The initial base cost of the MOU’s first five-year term was $72,562.22.

Vehicle Replacement Cost Analysis
The current hazmat vehicle, Hazmat 55, is a 2007 Pierce Quantum purchased by the Hanford Fire Department in 2006 with the FY06 State Homeland Security Grant Program. The purchase price was $501,200. Ownership was transferred to the City of Visalia in 2020 under the terms included in the Hazmat MOU.

Vehicle replacement costs had been a piece of agreements prior to the current MOU. However, vehicle replacement is not explicitly captured in the current MOU and needs to be added to keep the program sustainable. The challenge is forecasting how much replacement funding will be needed and when. The vehicle cost approximately $500,000, 18 years ago. The unknowns are, what is a reasonable life expectancy for the vehicle and how much will a replacement cost at that time? The Hazmat vehicle currently has less than 9,000 miles on it. When the City of Visalia obtained ownership, it was put into the asset system for 15 years as any fire asset would be. The City of Visalia will have owned the vehicle for 15 years in 2035 and the vehicle will be 28 years old. This would be an old fire apparatus were Hazmat 55 a front-line unit getting daily use. However, this Visalia City Council Page 2 of 4 Printed on 11/15/2024
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File #: 24-0483 Agenda Date: 11/18/2024 Agenda #: 17.
vehicle could feasibly function this long with good care and maintenance.

For the vehicle replacement analysis, the annual amount needed was calculated on 11 more years of life to reach the vehicle’s 15-year City of Visalia life, and $750,000 was used for a replacement amount. Seven-hundred and fifty thousand dollars is an amount that seems definite to expect a vehicle costing $501,200 in 2006 would cost to replace with a comparable vehicle in 2035. It is reasonable to suspect a comparable vehicle will cost more than $750,000 and partnering agencies will evaluate replacement estimates and reimbursement in future terms of the MOU and could seek grant funding to fund the vehicle or offset costs. The idea is to plan for and collect some replacement funding and not need to rely on collecting an even greater amount in the future or securing a grant in the event grant funding, or enough grant funding, is not available.

Recognizing the City of Visalia gains some benefit from having the vehicle available within their jurisdiction, the plan is not to charge the whole $750,000 to the MOU cost-share. To quantify how much of the burden Visalia accepts, Fire Administration calculated the percentage of hazmat calls the Hazmat unit responded to in the first term of the MOU. Forty-seven percent of the incidents were within the City of Visalia, so 47% of the vehicle replacement cost will be covered by the City of Visalia. Using this approach, Visalia would be responsible for $32,045 annually and the other parties in the MOU, except for Hanford until their credit for transferring ownership is spent, would be responsible for $36,136.36 annually. This amount would be split amongst the remaining parties based on population and not including Visalia’s or Hanford’s populations.

A breakdown of the operational cost share and the vehicle replacement cost share is included in the Exhibit A - Cost Responsibility attachment included with this staff report.

Fiscal Impact:

The partnering agencies of the MOU agree that each agency will be responsible for its respective share of the costs, paid to the City of Visalia, to equipment and maintain on an annual basis a Hazmat Team in accordance with Exhibit A - Cost Responsibility. Additionally, the City of Visalia will be responsible for $32,045 annual contribution for vehicle replacement.

Prior Council Action: This history was taken from the October 21, 2019 staff report when the most recent MOU was developed and executed. March 1995 - Hazmat agreement adopted. September 21, 2009 - Hazmat response team update to approve short-term funding of the Hazmat team. August 2, 2010 - Council approved the renegotiation of Hazmat response contracts to include a provision for local participating agencies to pay a proportional share of the ongoing operational costs of the program. July 18, 2011 - Amend Hazmat agreement with Tulare County agencies including Rates and Fees. October 21, 2019 - Execute amended and new agreement with partnering agencies into the current MOU.

Other: None.

Alternatives: Request staff to provide additional information and return to Council at a later date.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute the amendment and extension to the Tulare - Kings Visalia City Council Page 3 of 4 Printed on 11/15/2024
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File #: 24-0483 Agenda Date: 11/18/2024 Agenda #: 17.

County Interagency Hazmat Team MOU and to make minor changes if necessary.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Tulare-Kings County Regional Hazardous Materials Team MOU

2. Amendment and Extension of Tulare-Kings County Interagency Hazardous Materials Team MOU

3. Hazmat Agreement Exhibit A - Cost Responsibility
Visalia City Council Page 4 of 4 Printed on 11/15/2024
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1 AMENDMENT AND EXTENSION OF

MEMORANDUM OF UNDERSTANDING BETWEEN

THE COUNTY OF KINGS

THE COUNTY OF TULARE

CITY OF DINUBA

CITY OF EXETER

CITY OF FARMERSVILLE

CITY OF HANFORD

CITY OF LEMOORE

CITY OF LINDSAY

CITY OF PORTERVILLE

CITY OF TULARE

CITY OF VISALIA

CITY OF WOODLAKE

TULE RIVER INDIAN TRIBE OF CALIFORNIA

FOR THE

TULARE-KINGS COUNTY INTERAGENCY

HAZARDOUS MATERIALS TEAM
878
2 INTRODUCTION
This Amendment and Extension of the Memorandum of Understanding for the Tulare-Kings County Interagency Hazardous Materials Team ("Amendment”) is entered into between the original parties to the MOU and with the additional new party, the Tule River Indian Tribe of California. The participating parties shall be referred to herein as “Agencies” or may be referred to individually as “Agency” in this Amendment.

The Amendment is for the purpose of extending the current MOU for an additional five-year term, while making amendments to strengthen the cost recovery provisions and formally accepting the Tule River Indian Tribe of California as a member to the MOU.

1. EXTENDED TERM OF THE AGREEMENT
The Agencies agree that pursuant to Section 7 of the current MOU permitting the MOU to be extended by a writing signed by all Agencies, the term of the MOU shall be extended for an additional five-year term. The MOU, as modified by this Amendment, shall be extended until June 30, 2029.

All terms of the MOU shall continue in full force and effect.

2. MODIFICATION TO COST RECOVERY AMONG AGENCIES
Agencies agree that the provision for cost recovery among Agencies in Section 6 of the MOU shall be replaced with the following language:

COST RECOVERY AMONG AGENCIES
The City of Visalia shall coordinate and monitor cost recovery efforts. Each Agency shall provide Visalia with the applicable cost recovery rates for its personnel that serve on the Haz-Mat Team. For purposes of cost recovery, the Agencies shall designate City of Visalia, acting through the VFD, as their agent to seek cost recovery of personnel that responded as part of the Haz-Mat Team.

Within thirty days of a hazardous materials incident each Agency shall provide VFD with a record of all costs of resources, personnel, and equipment, deployed to the hazardous materials incident.

The City of Visalia, as the designated agent under this Agreement, shall collect through cost recovery efforts from the responsible party for the incident under applicable state or local laws permitting cost recovery all amounts expended by the Agencies under this Agreement.

Each Agency shall cooperate with VFD in collection efforts for incidents that occur within their respective jurisdictional boundaries. All cost recovery revenue shall be reimbursed to the Agency that incurred the expense. In is recommended Agencies account for Haz-Mat Team expenses incurred by their respective agency in an account separate from other revenues and expenditures.
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3 Cost recovery fees will only be charged to Agencies if the responsible party does not reimburse expenses incurred under this Agreement to the City of Visalia within twelve months after an incident.

If the responsible party has not reimbursed the expenses incurred under this Agreement within twelve months, then the Agency in whose jurisdiction the incident occurred, will reimburse the remaining Agencies to this Agreement. Agencies agree such reimbursement may be made over a period of up to one year.

Agencies agree that VFD, as the lead agency (and primary location for Haz-Mat Team equipment) shall establish an administrative per incident fee of $300.00 that will be applied to reimburse VFD the administrative costs of assembling the specific personnel that will be responding to each specific hazardous material incident. This per incident fee will only apply when the VFD coordinates a response by the Haz-Mat Team to a request for assistance.

3. REVISION TO DUTIES ON TERMINATION
Parties agree that Section 8 – Termination of the MOU shall be replaced with the following:

TERMINATION
A Party to this Agreement may voluntarily terminate participation upon one hundred eighty (180) calendar days written notice to all other Parties.

Parties that are in breach of the terms of this Agreement shall be notified in writing and have ninety (90) calendar days from the date of such notice to comply with the terms of the Agreement or its participation will be terminated.

Agencies agree that if notice of termination is provided prior to October 1, when annual contributions of funds or materials are made, then any required contributions under this Agreement may be prorated based on the applicable termination date. All previously contributed fees, materials and any assets purchased in part of contributed fees shall remain with the remaining agencies comprising the Haz-Mat Team. This provision does not include the credit received by the City of Hanford for the contribution of the 2007 Pierce Hazardous Materials Unit, which has specific terms applicable in Exhibit “A” should the City of Hanford terminate participation under this MOU.

Notwithstanding a Party’s withdrawal or termination, that Agency may continue to receive cost recovery reimbursements as provided under this Agreement for costs incurred while the Agency operated under this Agreement and provided personnel or equipment to a hazardous material incident prior to termination.
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4 4. TULE RIVER INDIAN TRIBE INCLUDED AS A AGENCY TO THE MOU Pursuant to Section 9 of the MOU and by signing this Amendment, the Agencies agree that the Tule River Indian Tribe of California shall be included as an agency to this Agreement.

The Tule River Indian Tribe of California, by signing this Amendment acknowledges that it shall fully abide by, participate, and be bound by the terms of the MOU and this Amendment.

In addition, the Tule River Indian Tribe of California acknowledges that its sovereign immunity shall be waived to the extent necessary to comply with the terms of the MOU and this Amendment. The sovereign immunity of the Tule River Indian Tribe of California is not waived in any way with regard to any claim that does not arise out of or is not connected with or relating to the MOU and this Amendment.

A revised schedule of costs based on this additional Agency being added to the MOU is included with this Amendment.

4. COUNTERPARTS
This Amendment may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument.

5. NOTICES
The Agencies agree that the Notice section of the MOU shall be modified by this Amendment and any notice required to be given pursuant to this Agreement shall be in writing and sent first-class mail to the following addresses:

COUNTY OF KINGS COUNTY OF TULARE
Salvador Flores, Fire Chief Charlie Norman, Fire Chief
280 Campus Drive 835 S. Akers Street
Hanford, CA 93230 Visalia, CA 93277

CITY OF DINUBA CITY OF EXETER
Greg Chastain, Fire Chief Adam Ennis, City Administrator 420 E. Tulare Street 100 N. C Street
Dinuba, CA 93230 Exeter, CA 93221

CITY OF FARMERSVILLE CITY OF HANFORD
Jim Thomas, Fire Chief Daniel Perkins, Fire Chief
909 W. Visalia Road 350 W. Grangeville Avenue
Farmersville, CA 93223 Hanford, CA 93230

CITY OF LEMOORE CITY OF LINDSAY
Fire Chief Lindsay Department of Public Safety
711 W. Cinnamon Lane 185 N. Gale Hill Avenue
Lemoore, CA 93245 Lindsay, CA 93247
881
5 CITY OF PORTERVILLE CITY OF TULARE
Shannon Skiles, Acting Fire Chief Michael Ott, Fire Chief 980 S. Jaye St. 800 S. Blackstone Ave.

Porterville, CA 93257 Tulare, CA 93230

CITY OF VISALIA CITY OF WOODLAKE
Daniel Griswold, Fire Chief Anthony Perez, Fire Chief
420 N. Burke Street 350 N. Valencia Ave.

Visalia, CA 93277 Woodlake, CA 93286

TULE RIVER INDIAN TRIBE OF CA
Scott Goodwin, Fire Chief
299 South Reservation Road
Porterville, CA 93257
IN WITNESS WHEREOF, the Agencies have caused this Agreement to be executed by their respective authorized officers. The signatories below are hereby affirming, under penalty of perjury, that they have the requisite authority from governing body of the agency they represent to sign this Agreement and bind the local agency that they represent to the terms of this Agreement.
[Signature pages follow]
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6 COUNTY OF KINGS
By: _____________________________
Chairperson, Board of Supervisors
ATTEST:

By: _____________________________
Clerk, Board of Supervisors
Approved as to Form
By: _____________________________
County Counsel
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7 COUNTY OF TULARE
By: _____________________________
Chairperson, Board of Supervisors
ATTEST:

By: _____________________________
Clerk, Board of Supervisors
Approved as to Form
By: _____________________________
County Counsel
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8 CITY OF DINUBA
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
885
9 CITY OF EXETER
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
886
10 CITY OF FARMERSVILLE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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11 CITY OF HANFORD
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
888
12 CITY OF LEMOORE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
889
13 CITY OF LINDSAY
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
890
14 CITY OF PORTERVILLE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
891
15 CITY OF TULARE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
892
16 CITY OF VISALIA
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
893
17 CITY OF WOODLAKE
By: _____________________________
City Administrator
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
894
18 TULE RIVER INDIAN TRIBE OF CALIFORNIA
By: _____________________________
Chairman
ATTEST:

By: _____________________________

Approved as to Form
By: _____________________________
Tribal Attorney
895
Exhibit A
Cost Responsibility
The Agencies agree that each agency shall be responsible for its respective share of costs to operate on an annual basis, the Haz-Mat Team.

The Agencies, by this Agreement have agreed that on an annual basis the Haz-Mat Team should be funded $85,531.71, which amount shall increase annually based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (“CPI”) for all Urban Consumers. The amount listed above shall be changed in an amount equal to the percentage of movement for the twelve-month period ending on June 30th for each year this Agreement is effect. In no instance shall the annual increase exceed 5%. Alternatively, the Agencies may agree, in a writing signed by all Agencies, to a different annual increase amount.

The Agencies agree that their share of the annual cost share shall be based on the respective populations of each jurisdiction compared to the total overall population of all participating jurisdictions. As census data is updated then the Agencies agree to update this section of this Agreement based on the most recent census data.

In consideration of the City of Hanford transferring ownership of the 2007 Pierce Hazardous Materials Unit to the City of Visalia for use by the Haz-Mat Team in 2019, the Agencies agreed that Hanford shall be credited as contributing $100,240 or ten (10) years of payments, whichever occurs first. The City of Hanford annual contribution shall be first subtracted from this amount before any additional amounts are owed. As of the date of this Amendment, signed in 2024, the City of Hanford contributions totaled $47,688.28, with $52,551.72 remaining as credits. VFD shall adopt an applicable cost recovery rate for this vehicle that shall be applied to cost recovery charges for the VFD as it will have the responsibility to maintain and operate the unit on behalf of the Haz-Mat Team. In case the City of Hanford terminates this Agreement prior to this credit ending, then the City of Visalia shall either return the 2007 Pierce Hazardous Materials Unit or pay the City of Hanford the outstanding balance of the credit listed in this paragraph to retain the vehicle.

A chart with the breakdown of the operational cost-share and the vehicle replacement is on the following page.
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* Note that if a city decides not to participate and terminates this agreement then they will be removed from the participating list and cause the applicable cost share of participating agencies to increase. If additional cities agree to participate, then the total population and corresponding share of costs will decrease.
897
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0485 Agenda Date: 11/18/2024 Agenda #: 18.

Agenda Item Wording:

Award Park Booster Pump Project - Authorize the City Manager to Award a Park Booster Pump Installation Project to Quality Landscape Construction Inc, for an amount not to exceed of $434,830.00.

Deadline for Action: 11/18/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> Jason Glick, Parks and Recreation Director 713- 4042; jason.glick@visalia <mailto:jason.glick@visalia>
Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the installation of new irrigation booster pumps at Blain, Burke, Jefferson, Pinkham, Riverbend, and Summers Parks to Quality Landscape Construction Inc. of Visalia, CA, in the amount of and not to exceed $434,830.00, per specifications of RFB 24-25-19.

Background Discussion:

At the December 20, 2021, City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the American Rescue Plan Act (ARPA), of which $1,250,000 were appropriated for citywide park irrigation improvements. There are several park projects that are slated to be completed with these funds, such as booster pump installation, irrigation upgrades, and landscape restoration. Staff identified Blain, Burke, Jefferson, Pinkham, Riverbend, and Summers Parks that needed the booster pump and irrigation upgrades.

These parks use Cal-Water water sources as their point of connection for the irrigation. The water pressure for these irrigation systems functions strictly of the pressure provided by Cal-Water and does not allow the system to operate efficiently. With the installation of new booster pumps to boost the water pressure it will increase the efficiency of the irrigation system and allow staff to reduce run time and apply sufficient water to the parks.

RFB 24-25-19 was advertised on October 4, 2024, and October 9, 2024, for the installation of new irrigation booster pumps. Two mandatory pre-bid meetings were conducted on October 10, 2024, and October 15, 2024, where staff answered questions and toured the parks to review the current infrastructure with several contractors.

On Thursday, October 31, 2024, the City received bids from three (3) contractors in the Bid Summary below.

Quality Landscape Construction Inc. of Visalia, CA was the qualified low bidder for RFB 24-25-19 Park Booster Pump Installation Project.
· Quality Landscape Construction Inc, Visalia, CA $395,300.00 Visalia City Council Page 1 of 2 Printed on 11/15/2024
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File #: 24-0485 Agenda Date: 11/18/2024 Agenda #: 18.
· Clean Cut Landscape Inc, Clovis, CA $436,746.00
· Truxell & Valentino Landscape Development Inc, Fresno, CA $436,839.00 Staff is recommending awarding the contract for the total bid of $395,300.00 plus $39,530.00 for project contingency. The project contingency will only be utilized as change orders occur. Any remaining funds will be released back to the ARPA Fund balance.

This is considered a Public Works contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications. The project will be required to meet all the Federal requirements to expend American Rescue Plan Act (ARPA) funding.

Fiscal Impact:

The fiscal impact for RFB 24-25-19 a construction contract for Services at Blain, Burke, Jefferson, Pinkham, Riverbend, and Summers Parks is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $1,250,000.00 has been budgeted.

Prior Council Action: December 20, 2021, City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the American Rescue Plan Act (ARPA), of which $1,250,000 were appropriated for citywide park irrigation improvements.

Other: None
Alternatives: Reject bids and go out for another Request for Bids.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the installation of new irrigation booster pumps at Blain, Burke, Jefferson, Pinkham, Riverbend, and Summers Parks to Quality Landscape Construction Inc. of Visalia, CA, in the amount of and not to exceed $434,830.00, per specifications of RFB 24-25-19...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB 24-25-19, RFB 24-25-19 Addendum 1, Quality Landscape Construction Inc. Bid, Site Map - Booster Pump Project.

Visalia City Council Page 2 of 2 Printed on 11/15/2024
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RFB 24-25-19
Park Booster Pump Installation Project
1 CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-19
PROJECT:

PARK BOOSTER PUMP INSTALLATION PROJECT AT

BLAIN PARK

BURKE PARK

JEFFERSON PARK

PINKHAM PARK

RIVERBEND PARK

SUMMERS PARK
BID SUBMITTAL DEADLINE: 3:00PM ON THURSDAY, OCTOBER 31, 2024 Advertisement Dates: 10/04/24
10/09/24
The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).
900
RFB 24-25-19
Park Booster Pump Installation Project
2 TABLE OF CONTENTS
SECTION 1

I. Definitions ............................................................................................................................................................... 3 II. Project Introduction ................................................................................................................................................. 3 III. Instructions .............................................................................................................................................................. 4 IV. Scope Of Work/Project Specifications .................................................................................................................... 4 V. Pre-Bid Meetings ..................................................................................................................................................... 7 VI. Bid Opening And Confidentiality ............................................................................................................................ 7 VII. Award ...................................................................................................................................................................... 7 VIII. Protests/Appeals ...................................................................................................................................................... 8 IX. Post Award Responsibilities .................................................................................................................................... 8 X. Special Conditions ................................................................................................................................................... 9 XI. General Conditions ................................................................................................................................................. 11 SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 14-40) Bid Form .................................................................................................................................................................... 15 Bidding Contractors License Information .................................................................................................................. 18 Contractors Reference ................................................................................................................................................ 19 Bid Bond .................................................................................................................................................................... 19 Subcontractor Listing ................................................................................................................................................. 20 Business Ownership Disclosure / California Levine Act Statement .......................................................................... 21 Signature Page ........................................................................................................................................................... 22 Bid Proposal Contract ................................................................................................................................................ 24 Bidders Bond ............................................................................................................................................................. 26 Federal and State Requirements / Certifications ........................................................................................................ 27 SECTION 3
Sample Contract ......................................................................................................................................................... 42 Contract General Provisions – Attachment 1 ............................................................................................................. 44 Contract Insurance Requirements – Attachment 2 ..................................................................................................... 47 Sample Final Payment Affidavit ................................................................................................................................ 49 ADDITIONAL ATTACHMENTS (attached separately)
EXHIBIT D-1: Wage Designations (State and/or Fed)
EXHIBIT D-2: City of Visalia Labor Compliance Manual
EXHIBIT D-3: Site Maps of Blain, Burke, Jefferson, Pinkham, Riverbend, and Summers Parks EXHIBIT D-4: Booster Pump Designs at Each Park
EXHIBIT D-5: Controller Specifications
EXHIBIT D-6: Controller Information
EXHIBIT D-7: Master Valve and Flow Sensor Details
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RFB 24-25-19
Park Booster Pump Installation Project
3 SECTION 1
I. DEFINITIONS
For the purposes of this RFB NO. 24-25-19, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. RFB” means Request for Bid No. 24-25-19
II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to replace and install new irrigation booster pumps and irrigation controllers at various parks per the specifications of this RFB. The successful bidder shall be responsible for providing all services and products necessary to fulfill the requirements of this Invitation to Bid.

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). All federal procurement requirements provided in 2CFR shall be in effect. 2 CFR 200 link:
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 Plans & Specifications: All documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, CA 93291 by calling (559) 713-4334, or by email [email protected]. These documents will be emailed when possible if they do not exceed our email capacity.

Contract Dates: Tentative award date: December 1, 2024. Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed, issued in writing by the Purchasing Division.

Time of Completion Deadline: Contractor shall order equipment within ten (10) days of receiving the Notice to Proceed and complete the project within forty-five (45) calendar days after equipment has been delivered.

Budget Estimate for this project is approximately $400,000.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to (Federal and State) prevailing wages as specified in this document and attachments.

This project is being funded with federal funds and is subject to the payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the Federal wage rates is enclosed. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request.

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

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current 902
RFB 24-25-19
Park Booster Pump Installation Project
4 minimum Class C-27, Landscaping Contractor’s license. (See Section 2, page 37, for additional Department of Industrial Relations Requirements which apply to this project).

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

III. INSTRUCTIONS

1. Fill out attached Bid Form (Pages 15-17) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

From: Bidder’s Name
Bidder’s Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:

PROJECT: Park Booster Pump Installation Project
RFB NO. 24-25-19
BID SUBMITTAL DEADLINE: Thursday, October 31, 2024 at 3:00pm

4. Submit the entire Section 2 (Bidding and Contract Documents pages 14-40). This section includes bid form, affidavits, required statements, and any other documents that are required to submit a bid. City may not consider Bids which are not accompanied by the required completed forms. In addition, a security deposit of no less than 10% of the Bid amount is required to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Inquiries: Instructions to Vendors, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to: [email protected].

Deadline for submitting questions regarding this project is: Thursday, October 17, 2024 at 4:00pm.

IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
The successful contractor shall provide all labor, equipment, tools, and materials necessary to install new irrigation booster pumps and irrigation controllers, located at Blain Park, Burke Park, Jefferson Park, Pinkham Park, Riverbend Park, and Summers Park. The work will consist of:
 Removal of existing Rainmaster irrigation controller (See Exhibit D-3 Site Maps with controller locations).  Installation of new Toro DXi irrigation controller (See Exhibits D-5 & D6) with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem, Horizon Distributors [email protected] (or approved equal).
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5 o Requests for other manufacturers to be considered as an approved equal must be submitted to [email protected] with detailed specifications of the product(s) no later than Thursday, October 17, 2024. Project Manager will review specifications submitted and if the request is approved, it will be stated via addendum.
 Installation of new Barret Engineered Pumps [email protected] (or approved equal) irrigation booster pump per specification. (See Exhibit D-4).
o Requests for other manufacturers to be considered as an approved equal must be submitted to [email protected] with detailed specifications of the product(s) no later than Thursday, October 17, 2024. Project Manager will review specifications submitted and if the request is approved, it will be stated via addendum.
 Installation of new master valves, flow sensors, and all necessary pipe fittings. (See Exhibit D-7).  Installation of all necessary electrical materials, including trenching, conduit, and wire for booster pump power to existing electrical panels.
 Existing water service, backflow device, mainline, and electrical service to protected in place and reused.  Contractor is responsible for having the area marked for utilities (811 Before You Dig) before the project begins.
 Any damage to existing irrigation, concrete sidewalks or turf shall be repaired at the expense of the contractor.
 Contractor shall be responsible for clean-up, grading, and disposal of all waste materials.  Work to be performed shall include mobilization, and furnishing all labor, materials, tools, equipment and incidentals, and for doing all work of completing the installation of new irrigation components and plant material, in accordance with the specifications of RFB 24-25-19 and all attachments.

Blain Park Information – 3101 S. Court St.

Infrastructure Locations:

1. The electrical power on a steel pipe pedestal outside of the restroom building.

2. The irrigation controller is approximately 30’ away from the power cabinet inside the plumbers closet of the restroom building.

3. Backflow device is approximately 75’ away from irrigation controller and power cabinet.

Irrigation Controller (24-station) and Booster Pump Specifications:

4. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

5. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

6. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

7. See Exhibits D-4 and D-5 for booster pump specifications Burke Park Information – 3101 S. Burke St.

Infrastructure Locations:

1. The electrical power on a steel pipe pedestal.

2. The irrigation controller is approximately 10’ away from the power cabinet.

3. Backflow device is approximately 140’ away from irrigation controller and power cabinet.

Irrigation Controller (36-station) and Booster Pump Specifications:

4. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

5. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

6. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

7. See Exhibits D-4 and D-5 for booster pump specifications Jefferson Park Information – 700 S. Watson St.

Infrastructure Locations:
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6 1. The electrical power is in a subpanel on the irrigation pedestal.

2. Backflow device is approximately 15’ away from irrigation controller and power cabinet.

Irrigation Controller (14-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications Pinkham Park Information – 1000 S. Pinkham St.

Infrastructure Locations:

1. The electrical power is in the wastewater power cabinet.

2. The irrigation controller is approximately 24’ away from the power cabinet.

3. Backflow device is approximately 15’ away from irrigation controller.

Irrigation Controller (24-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications Riverbend Park Information – 2534 N. Court St.

Infrastructure Locations:

1. The electrical power is in the wastewater power cabinet.

2. The irrigation controller is approximately 12’ away from the power cabinet.

3. Backflow device is approximately 460’ away from irrigation controller and power cabinet.

Irrigation Controller (24-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications Summers Park Information – 247 W. Ferguson Ave.

Infrastructure Locations:

1. The electrical power on a wooden pedestal.

2. The irrigation controller is approximately 5’ away from the power cabinet.

3. Backflow device is approximately 10’ away from irrigation controller and power cabinet.

Irrigation Controller (30-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications  Awarded Contractor will be required to obtain from the City’s Building Services Division (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost of the building permit.
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7  Awarded Contractor is required to obtain a City of Visalia Business Tax permit from our Business Tax Division, located at 707 W. Acequia Avenue. The cost of business tax certificate is the Awarded Consultant’s responsibility. For more information, call 559-713-4326 or email [email protected].  Awarded Contractor shall provide the City of Visalia Project Manager with Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is included with this RFB (pg. 49).  Contractor shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).

V. PRE-BID
Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandatory meetings in order to be eligible to bid on this project. Meetings will be begin at Blain Park, 3101 S Court St, and then we will visit the other parks. Transportation will be the responsibility of the Bidder.

Meetings will take place as follows:

Thursday, October 10, 2024 at 9:00 a.m. and
Tuesday, October 15, 2024 at 9:00 a.m.

Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, October 31, 2024 at 3:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public. Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A contract shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible 906
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8 and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

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

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

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

IX. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias Department: Community Services

3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
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9 4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage as outlined in the Sample Contract Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

X. SPECIAL CONDITIONS

1. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB 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 Project Manager 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.

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 908
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10 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.

5. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

6. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

7. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

8. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

9. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

10. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

11. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

12. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
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11 (2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.

City shall be the sole judge as to the adequacy of any item for substitution. (3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

13.Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

14.Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

15.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 Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

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

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, 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 that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. 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.

3. Post-Closing Date Corrections are prohibited.
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12 4. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

5. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

6. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

7. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

8. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

9. All Bids are the property of the City after submission.

10. City is not responsible for Bid errors and omissions.

11. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

12. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

13. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

14. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559)713- 4326 for more information.

15. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

16. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

17. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

18. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

19. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

20. All California agencies may purchase off the bid submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, 911
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13 requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Pages 14-15). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of bid items and alternate bid items.

24. No mention shall be made in the bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid. 912
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14 SECTION 2

BIDDING AND CONTRACT DOCUMENTS
Note: This entire section must be submitted with bid (pages 14 – 40) 913
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15 Bidders Name: ____________________________
(Submit with Bid Proposal)
BID FORM RFB NO. 24-25-19

PARK BOOSTER PUMPS INSTALLATION PROJECT
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-19 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

LOWEST BIDDER will be determined by the lowest Total Bid Amount. The Total Bid Amount is the total cost of Items 1 through 6. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications. After the lowest Bidder has been determined, the City reserves the right to award as many of the above items as funding will allow. The resulting contract may be less than all 6 items.

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

BIDDER agrees to order the equipment within ten (10) calendar days of receiving the Notice to Proceed and to complete the project within forty-five (45) calendar days after equipment has been delivered, unless extended in writing by the Purchasing Division.

BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and 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. 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.

BIDDER agrees to abide by all requirements of the Davis Bacon Act, the Department of Industrial Relations (DIR) and the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state and/or federal prevailing wages, and uploading and providing certified payrolls to the Labor Commissioner and the City Project Manager.

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16 Bidders Name: ____________________________
(Submit with Bid Proposal)

PARK BOOSTER PUMP INSTALLATION PROJECT
Item 1: Blain Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 2: Burke Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 3: Jefferson Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 4: Pinkham Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 5: Riverbend Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
 Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
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17 Item 6: Summers Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Total Bid Amount (Items 1 – 6) $_____________________

Signature of Authorized Person Title Date
LOWEST BIDDER will be determined by the lowest Total Bid Amount. The Total Bid Amount is the total cost of Items 1 through 6. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications. After the lowest Bidder has been determined, the City reserves the right to award as many of the above items as funding will allow. The resulting contract may be less than all 6 items.

In the event of discrepancies between the total bid amount (Items 1-6) and lump sum for each item, the lump sum total cost for each item will be added to get a correct total.

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18 Bidders Name: ____________________________
(Submit with Bid Proposal)
BIDDING CONTRACTOR’S LICENSE INFORMATION:

State Contractor’s License #:_____________________ Class:____________ Exp. Date:___________ State DIR Registration #______________________________________________________ Federal Tax I.D. #______________________________________ City of Visalia Business Tax Certificate #__________________________________ A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work. Contact the Business Tax Division for information at (559) 713-4326 or [email protected].

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19 Bidders Name: ____________________________
(Submit with Bid Proposal)
CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 2
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 3
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________

BID BOND
Accompanying this bid proposal is a Bid Deposit in the amount of TEN PERCENT (10%) OF THE TOTAL NET BID AMOUNT (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier's Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
The Bid Deposit is deposited by the undersigned Bidder with the City of Visalia as a guarantee that the Bidder, if awarded all or part of the Contract, will, within 10 working days from the date the Notice of Award is mailed to the Bidder, execute, and return a Contract furnished by the City. If the Deposit is in the form of an Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must be in the amount of not less than the greater of ten percent (10%) of the Total Net Bid Amount or ten percent (10%) of the highest possible combination of the Base Bid plus Add Alternates.

Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Visalia as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Bidder and the corporate surety.
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20 Bidders Name: ____________________________
(Submit with Bid Proposal)

SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

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21 Bidders Name: ____________________________
(Submit with Bid Proposal)

BUSINESS OWNERSHIP DISCLOSURE
___________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ___________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____
If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
______________________________ ________________________ ______________________________ ________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.

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22 Bidders Name: ____________________________
(Submit with Bid Proposal)

SIGNATURE PAGE
By my signature on this Bid Proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing statements and those contained herein are true and correct.

BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ____________________________________________________ ____________________ Bidding Firm Phone
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partner [ ] Other:
(3) ____________________________________________________________________________ Email Address
___________________________________________________________________________ Business Address
____________________________________________________________________________ City State Zip Code
(4) By:_________________________________________________________________________ Signature of Authorized Person
_________________________________________________________________________ Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: ___________________________Date: _______________________ 921
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23 Bidders Name: ____________________________
(Submit with Bid Proposal)

INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued if a license is required. If the Bidder is a corporation, enter the exact name of the corporation under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in the venture.

LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.

LINE 3: Enter the address and email to which all communications and notices regarding the Bid Proposal and any Contract awarded thereunder are to be addressed.

LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign Contracts.
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must be submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers; or by a joint venturer authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and if the joint venturer is a corporation or a partnership signing on behalf of the Joint Venture, then Paragraphs (a) and (c) above apply respectively.

Where Bidder is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:

NAME ADDRESS
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24 Submit with Bid Proposal

BID PROPOSAL CONTRACT
Accompanying this proposal is $________________________ cash, cashier's check, certified check, or bidder's bond in the amount equal to at least ten percent (10%) of the total bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last name in full.
______________________________________________________________________________ Print Name of Corporation or True Name of Firm
______________________________________________________________________________ Print Officer’s Name or Copartner’s Name and Title
______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title Licensed in accordance with an act providing for the registration of Contractors, License No.______________________, Class of License(s) _____________________________, License Expiration Date _____________________________________.

Department of Industrial Relations Registration No. _____________________________________.

The representations made herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the City of Visalia.

Signature of Authorized Person(s)
______________________________________________________________________________ Signature Title
______________________________________________________________________________ Print Name
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25 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business Address ____________________________________________________________________ Street Address City State Zip Code
Business Telephone Number _____________________________________________________________ Place of Residence _______________________________________ Dated: __________________ E-mail

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26 Submit With Bid

BIDDERS BOND
KNOW ALL MEN BY THESE PRESENTS: That we, ________________________________________ as principal, and ________________________________________ as surety, are held and firmly bound unto the City of Visalia in the sum of ten percent (10%) of the total amount of the bid price of the principal, to be paid to the said City for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the abovementioned bid to the City of Visalia for certain construction specifically described in:

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NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and virtue.

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

IN WITNESS WHEREOF, we have set our hands and seals on this _______ day of ____________20_____. _______________________________________
(Principal)
_______________________________________ ___________________________________ (Signature and Title) (Witness)
_______________________________________
(Surety)
_______________________________________ ___________________________________ (Signature and Title) (Witness)

SIGNATURES OF PRINCIPAL AND SURETY MUST BE WITNESSED BY NOTARY (Attach appropriate acknowledgment)
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27 Bidders Name: ____________________________
(Submit with Bid Proposal)

FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g., subcontract or sub-agreement).
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.

1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Visalia, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order.

By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
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28 Bidders Name: ____________________________
(Submit with Bid Proposal)

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has has not participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERS will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facility improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Visalia accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER will, upon acceptance of the BID, execute such contractual documents as may be required within the time specified.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor’s requirement under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 927
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29 Bidders Name: ____________________________
(Submit with Bid Proposal)

6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semiannually, or annually). (D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requirements with respect to the acceptance and use of Federal Funds for this federally assisted project.

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 928
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30 Bidders Name: ____________________________
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(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

10. CLEAN AIR ACT (42 U.S.C. 7401-7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 929
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12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply with the DavisBacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.

14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.

15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Visalia. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
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(E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRACTOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.

16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
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(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct 932
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as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.

18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.) As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. 933
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(C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise).

Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:
(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business.
(E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and
(F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID. 934
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22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.
(C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.

24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25)
Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:
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i. If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3-year retention requirement is not applicable to the Contractor.

26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.  In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.  The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).  As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
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o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.  Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.  The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).  As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract. 938
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40 Bidders Name: ____________________________
(Submit with Bid Proposal)
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.

BIDDER/CONTRACTOR FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED

PRINTED NAME OF SIGNER TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
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41 SECTION 3
Sample Contract
Federal Wage Rates
City of Visalia Labor Compliance Manual
Additional Attachments
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42 SAMPLE CONTRACT
Park Booster Pump Installation Project
(City of Visalia Bid No. 24-25-19)
This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires completion of the _____________ Project, which was let to bid on ___________ as evidenced by Bid No. __________ (the “Project”); and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

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 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-19, Park Booster Pump Installation Project Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-19

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 24-25-19 for the stated compensation on or before the stated completion dates.
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43 4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 45 days of receipt of approved invoice.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

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

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

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
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44 Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

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

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

I. Guarantees and Warranties:

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

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.
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45 3. WARRANTIES: Warranties required by the Invitation to Bid or 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 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. 944
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46 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 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.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.

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47 Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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48 b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages.

This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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49 SAMPLE FINAL PAYMENT AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by

(Company)
who performed work on the City of Visalia Project entitled:

2. During all payroll periods from through ,
(first work date) (last work date)
All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of per diem wages and any amounts due.

3. During all payroll periods on this project, all apprenticeship requirements have been complied with.

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
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1 CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-19
PROJECT:

PARK BOOSTER PUMP INSTALLATION PROJECT AT

BLAIN PARK

BURKE PARK

JEFFERSON PARK

PINKHAM PARK

RIVERBEND PARK

SUMMERS PARK
BID SUBMITTAL DEADLINE: 3:00PM ON THURSDAY, OCTOBER 31, 2024 Advertisement Dates: 10/04/24
10/09/24
The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).
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2 TABLE OF CONTENTS
SECTION 1

I. Definitions ............................................................................................................................................................... 3 II. Project Introduction ................................................................................................................................................. 3 III. Instructions .............................................................................................................................................................. 4 IV. Scope Of Work/Project Specifications .................................................................................................................... 4 V. Pre-Bid Meetings ..................................................................................................................................................... 7 VI. Bid Opening And Confidentiality ............................................................................................................................ 7 VII. Award ...................................................................................................................................................................... 7 VIII. Protests/Appeals ...................................................................................................................................................... 8 IX. Post Award Responsibilities .................................................................................................................................... 8 X. Special Conditions ................................................................................................................................................... 9 XI. General Conditions ................................................................................................................................................. 11 SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 14-40) Bid Form .................................................................................................................................................................... 15 Bidding Contractors License Information .................................................................................................................. 18 Contractors Reference ................................................................................................................................................ 19 Bid Bond .................................................................................................................................................................... 19 Subcontractor Listing ................................................................................................................................................. 20 Business Ownership Disclosure / California Levine Act Statement .......................................................................... 21 Signature Page ........................................................................................................................................................... 22 Bid Proposal Contract ................................................................................................................................................ 24 Bidders Bond ............................................................................................................................................................. 26 Federal and State Requirements / Certifications ........................................................................................................ 27 SECTION 3
Sample Contract ......................................................................................................................................................... 42 Contract General Provisions – Attachment 1 ............................................................................................................. 44 Contract Insurance Requirements – Attachment 2 ..................................................................................................... 47 Sample Final Payment Affidavit ................................................................................................................................ 49 ADDITIONAL ATTACHMENTS (attached separately)
EXHIBIT D-1: Wage Designations (State and/or Fed)
EXHIBIT D-2: City of Visalia Labor Compliance Manual
EXHIBIT D-3: Site Maps of Blain, Burke, Jefferson, Pinkham, Riverbend, and Summers Parks EXHIBIT D-4: Booster Pump Designs at Each Park
EXHIBIT D-5: Controller Specifications
EXHIBIT D-6: Controller Information
EXHIBIT D-7: Master Valve and Flow Sensor Details
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3 SECTION 1
I. DEFINITIONS
For the purposes of this RFB NO. 24-25-19, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. RFB” means Request for Bid No. 24-25-19
II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to replace and install new irrigation booster pumps and irrigation controllers at various parks per the specifications of this RFB. The successful bidder shall be responsible for providing all services and products necessary to fulfill the requirements of this Invitation to Bid.

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). All federal procurement requirements provided in 2CFR shall be in effect. 2 CFR 200 link:
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 Plans & Specifications: All documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, CA 93291 by calling (559) 713-4334, or by email [email protected]. These documents will be emailed when possible if they do not exceed our email capacity.

Contract Dates: Tentative award date: December 1, 2024. Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed, issued in writing by the Purchasing Division.

Time of Completion Deadline: Contractor shall order equipment within ten (10) days of receiving the Notice to Proceed and complete the project within forty-five (45) calendar days after equipment has been delivered.

Budget Estimate for this project is approximately $400,000.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to (Federal and State) prevailing wages as specified in this document and attachments.

This project is being funded with federal funds and is subject to the payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the Federal wage rates is enclosed. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request.

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

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current 951
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4 minimum Class C-27, Landscaping Contractor’s license. (See Section 2, page 37, for additional Department of Industrial Relations Requirements which apply to this project).

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

III. INSTRUCTIONS

1. Fill out attached Bid Form (Pages 15-17) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

From: Bidder’s Name
Bidder’s Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:

PROJECT: Park Booster Pump Installation Project
RFB NO. 24-25-19
BID SUBMITTAL DEADLINE: Thursday, October 31, 2024 at 3:00pm

4. Submit the entire Section 2 (Bidding and Contract Documents pages 14-40). This section includes bid form, affidavits, required statements, and any other documents that are required to submit a bid. City may not consider Bids which are not accompanied by the required completed forms. In addition, a security deposit of no less than 10% of the Bid amount is required to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Inquiries: Instructions to Vendors, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to: [email protected].

Deadline for submitting questions regarding this project is: Thursday, October 17, 2024 at 4:00pm.

IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
The successful contractor shall provide all labor, equipment, tools, and materials necessary to install new irrigation booster pumps and irrigation controllers, located at Blain Park, Burke Park, Jefferson Park, Pinkham Park, Riverbend Park, and Summers Park. The work will consist of:
 Removal of existing Rainmaster irrigation controller (See Exhibit D-3 Site Maps with controller locations).  Installation of new Toro DXi irrigation controller (See Exhibits D-5 & D6) with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem, Horizon Distributors [email protected] (or approved equal).
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5 o Requests for other manufacturers to be considered as an approved equal must be submitted to [email protected] with detailed specifications of the product(s) no later than Thursday, October 17, 2024. Project Manager will review specifications submitted and if the request is approved, it will be stated via addendum.
 Installation of new Barret Engineered Pumps [email protected] (or approved equal) irrigation booster pump per specification. (See Exhibit D-4).
o Requests for other manufacturers to be considered as an approved equal must be submitted to [email protected] with detailed specifications of the product(s) no later than Thursday, October 17, 2024. Project Manager will review specifications submitted and if the request is approved, it will be stated via addendum.
 Installation of new master valves, flow sensors, and all necessary pipe fittings. (See Exhibit D-7).  Installation of all necessary electrical materials, including trenching, conduit, and wire for booster pump power to existing electrical panels.
 Existing water service, backflow device, mainline, and electrical service to protected in place and reused.  Contractor is responsible for having the area marked for utilities (811 Before You Dig) before the project begins.
 Any damage to existing irrigation, concrete sidewalks or turf shall be repaired at the expense of the contractor.
 Contractor shall be responsible for clean-up, grading, and disposal of all waste materials.  Work to be performed shall include mobilization, and furnishing all labor, materials, tools, equipment and incidentals, and for doing all work of completing the installation of new irrigation components and plant material, in accordance with the specifications of RFB 24-25-19 and all attachments.

Blain Park Information – 3101 S. Court St.

Infrastructure Locations:

1. The electrical power on a steel pipe pedestal outside of the restroom building.

2. The irrigation controller is approximately 30’ away from the power cabinet inside the plumbers closet of the restroom building.

3. Backflow device is approximately 75’ away from irrigation controller and power cabinet.

Irrigation Controller (24-station) and Booster Pump Specifications:

4. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

5. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

6. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

7. See Exhibits D-4 and D-5 for booster pump specifications Burke Park Information – 3101 S. Burke St.

Infrastructure Locations:

1. The electrical power on a steel pipe pedestal.

2. The irrigation controller is approximately 10’ away from the power cabinet.

3. Backflow device is approximately 140’ away from irrigation controller and power cabinet.

Irrigation Controller (36-station) and Booster Pump Specifications:

4. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

5. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

6. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

7. See Exhibits D-4 and D-5 for booster pump specifications Jefferson Park Information – 700 S. Watson St.

Infrastructure Locations:
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6 1. The electrical power is in a subpanel on the irrigation pedestal.

2. Backflow device is approximately 15’ away from irrigation controller and power cabinet.

Irrigation Controller (14-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications Pinkham Park Information – 1000 S. Pinkham St.

Infrastructure Locations:

1. The electrical power is in the wastewater power cabinet.

2. The irrigation controller is approximately 24’ away from the power cabinet.

3. Backflow device is approximately 15’ away from irrigation controller.

Irrigation Controller (24-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications Riverbend Park Information – 2534 N. Court St.

Infrastructure Locations:

1. The electrical power is in the wastewater power cabinet.

2. The irrigation controller is approximately 12’ away from the power cabinet.

3. Backflow device is approximately 460’ away from irrigation controller and power cabinet.

Irrigation Controller (24-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications Summers Park Information – 247 W. Ferguson Ave.

Infrastructure Locations:

1. The electrical power on a wooden pedestal.

2. The irrigation controller is approximately 5’ away from the power cabinet.

3. Backflow device is approximately 10’ away from irrigation controller and power cabinet.

Irrigation Controller (30-station) and Booster Pump Specifications:

1. DXI-RSPED08 DXi, SPED, 8-STATION RETROFIT KIT

2. DXI-OPB08-KIT DXi 8-STATION OUTPUT BOARD KIT

3. DXI-CELL-KIT DXi CELLULAR MODEM WITH ANTENNA

4. See Exhibits D-4 and D-5 for booster pump specifications  Awarded Contractor will be required to obtain from the City’s Building Services Division (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost of the building permit.
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7  Awarded Contractor is required to obtain a City of Visalia Business Tax permit from our Business Tax Division, located at 707 W. Acequia Avenue. The cost of business tax certificate is the Awarded Consultant’s responsibility. For more information, call 559-713-4326 or email [email protected].  Awarded Contractor shall provide the City of Visalia Project Manager with Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is included with this RFB (pg. 49).  Contractor shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).

V. PRE-BID
Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandatory meetings in order to be eligible to bid on this project. Meetings will be begin at Blain Park, 3101 S Court St, and then we will visit the other parks. Transportation will be the responsibility of the Bidder.

Meetings will take place as follows:

Thursday, October 10, 2024 at 9:00 a.m. and
Tuesday, October 15, 2024 at 9:00 a.m.

Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, October 31, 2024 at 3:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public. Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A contract shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible 955
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8 and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

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

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

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

IX. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias Department: Community Services

3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
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9 4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage as outlined in the Sample Contract Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

X. SPECIAL CONDITIONS

1. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB 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 Project Manager 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.

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 957
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10 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.

5. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

6. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

7. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

8. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

9. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

10. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

11. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

12. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
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11 (2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.

City shall be the sole judge as to the adequacy of any item for substitution. (3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

13.Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

14.Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

15.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 Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

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

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, 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 that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. 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.

3. Post-Closing Date Corrections are prohibited.
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12 4. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

5. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

6. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

7. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

8. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

9. All Bids are the property of the City after submission.

10. City is not responsible for Bid errors and omissions.

11. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

12. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

13. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

14. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559)713- 4326 for more information.

15. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

16. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

17. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

18. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

19. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

20. All California agencies may purchase off the bid submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, 960
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13 requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Pages 14-15). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of bid items and alternate bid items.

24. No mention shall be made in the bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid. 961
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14 SECTION 2

BIDDING AND CONTRACT DOCUMENTS
Note: This entire section must be submitted with bid (pages 14 – 40) 962
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15 Bidders Name: ____________________________
(Submit with Bid Proposal)
BID FORM RFB NO. 24-25-19

PARK BOOSTER PUMPS INSTALLATION PROJECT
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-19 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

LOWEST BIDDER will be determined by the lowest Total Bid Amount. The Total Bid Amount is the total cost of Items 1 through 6. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications. After the lowest Bidder has been determined, the City reserves the right to award as many of the above items as funding will allow. The resulting contract may be less than all 6 items.

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

BIDDER agrees to order the equipment within ten (10) calendar days of receiving the Notice to Proceed and to complete the project within forty-five (45) calendar days after equipment has been delivered, unless extended in writing by the Purchasing Division.

BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and 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. 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.

BIDDER agrees to abide by all requirements of the Davis Bacon Act, the Department of Industrial Relations (DIR) and the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state and/or federal prevailing wages, and uploading and providing certified payrolls to the Labor Commissioner and the City Project Manager.

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16 Bidders Name: ____________________________
(Submit with Bid Proposal)

PARK BOOSTER PUMP INSTALLATION PROJECT
Item 1: Blain Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 2: Burke Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 3: Jefferson Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 4: Pinkham Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Item 5: Riverbend Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
 Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
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17 Item 6: Summers Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
$_____________________
(Lump Sum)
Total Bid Amount (Items 1 – 6) $_____________________

Signature of Authorized Person Title Date
LOWEST BIDDER will be determined by the lowest Total Bid Amount. The Total Bid Amount is the total cost of Items 1 through 6. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications. After the lowest Bidder has been determined, the City reserves the right to award as many of the above items as funding will allow. The resulting contract may be less than all 6 items.

In the event of discrepancies between the total bid amount (Items 1-6) and lump sum for each item, the lump sum total cost for each item will be added to get a correct total.

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18 Bidders Name: ____________________________
(Submit with Bid Proposal)
BIDDING CONTRACTOR’S LICENSE INFORMATION:

State Contractor’s License #:_____________________ Class:____________ Exp. Date:___________ State DIR Registration #______________________________________________________ Federal Tax I.D. #______________________________________ City of Visalia Business Tax Certificate #__________________________________ A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work. Contact the Business Tax Division for information at (559) 713-4326 or [email protected].

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19 Bidders Name: ____________________________
(Submit with Bid Proposal)
CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 2
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 3
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________

BID BOND
Accompanying this bid proposal is a Bid Deposit in the amount of TEN PERCENT (10%) OF THE TOTAL NET BID AMOUNT (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier's Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
The Bid Deposit is deposited by the undersigned Bidder with the City of Visalia as a guarantee that the Bidder, if awarded all or part of the Contract, will, within 10 working days from the date the Notice of Award is mailed to the Bidder, execute, and return a Contract furnished by the City. If the Deposit is in the form of an Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must be in the amount of not less than the greater of ten percent (10%) of the Total Net Bid Amount or ten percent (10%) of the highest possible combination of the Base Bid plus Add Alternates.

Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Visalia as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Bidder and the corporate surety.
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20 Bidders Name: ____________________________
(Submit with Bid Proposal)

SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

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21 Bidders Name: ____________________________
(Submit with Bid Proposal)

BUSINESS OWNERSHIP DISCLOSURE
___________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ___________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____
If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
______________________________ ________________________ ______________________________ ________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.

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22 Bidders Name: ____________________________
(Submit with Bid Proposal)

SIGNATURE PAGE
By my signature on this Bid Proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing statements and those contained herein are true and correct.

BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ____________________________________________________ ____________________ Bidding Firm Phone
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partner [ ] Other:
(3) ____________________________________________________________________________ Email Address
___________________________________________________________________________ Business Address
____________________________________________________________________________ City State Zip Code
(4) By:_________________________________________________________________________ Signature of Authorized Person
_________________________________________________________________________ Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: ___________________________Date: _______________________ 970
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INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued if a license is required. If the Bidder is a corporation, enter the exact name of the corporation under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in the venture.

LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.

LINE 3: Enter the address and email to which all communications and notices regarding the Bid Proposal and any Contract awarded thereunder are to be addressed.

LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign Contracts.
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must be submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers; or by a joint venturer authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and if the joint venturer is a corporation or a partnership signing on behalf of the Joint Venture, then Paragraphs (a) and (c) above apply respectively.

Where Bidder is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:

NAME ADDRESS
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24 Submit with Bid Proposal

BID PROPOSAL CONTRACT
Accompanying this proposal is $________________________ cash, cashier's check, certified check, or bidder's bond in the amount equal to at least ten percent (10%) of the total bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last name in full.
______________________________________________________________________________ Print Name of Corporation or True Name of Firm
______________________________________________________________________________ Print Officer’s Name or Copartner’s Name and Title
______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title Licensed in accordance with an act providing for the registration of Contractors, License No.______________________, Class of License(s) _____________________________, License Expiration Date _____________________________________.

Department of Industrial Relations Registration No. _____________________________________.

The representations made herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the City of Visalia.

Signature of Authorized Person(s)
______________________________________________________________________________ Signature Title
______________________________________________________________________________ Print Name
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25 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business Address ____________________________________________________________________ Street Address City State Zip Code
Business Telephone Number _____________________________________________________________ Place of Residence _______________________________________ Dated: __________________ E-mail

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BIDDERS BOND
KNOW ALL MEN BY THESE PRESENTS: That we, ________________________________________ as principal, and ________________________________________ as surety, are held and firmly bound unto the City of Visalia in the sum of ten percent (10%) of the total amount of the bid price of the principal, to be paid to the said City for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the abovementioned bid to the City of Visalia for certain construction specifically described in:

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NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and virtue.

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

IN WITNESS WHEREOF, we have set our hands and seals on this _______ day of ____________20_____. _______________________________________
(Principal)
_______________________________________ ___________________________________ (Signature and Title) (Witness)
_______________________________________
(Surety)
_______________________________________ ___________________________________ (Signature and Title) (Witness)

SIGNATURES OF PRINCIPAL AND SURETY MUST BE WITNESSED BY NOTARY (Attach appropriate acknowledgment)
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27 Bidders Name: ____________________________
(Submit with Bid Proposal)

FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g., subcontract or sub-agreement).
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.

1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Visalia, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order.

By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
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3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has has not participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERS will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facility improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Visalia accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER will, upon acceptance of the BID, execute such contractual documents as may be required within the time specified.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor’s requirement under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 976
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29 Bidders Name: ____________________________
(Submit with Bid Proposal)

6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semiannually, or annually). (D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requirements with respect to the acceptance and use of Federal Funds for this federally assisted project.

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 977
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(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

10. CLEAN AIR ACT (42 U.S.C. 7401-7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 978
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12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply with the DavisBacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.

14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.

15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Visalia. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
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(E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRACTOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.

16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
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(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct 981
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as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.

18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.) As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. 982
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(C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise).

Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:
(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business.
(E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and
(F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID. 983
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22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.
(C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.

24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25)
Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:
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i. If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3-year retention requirement is not applicable to the Contractor.

26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.  In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.  The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).  As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
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o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.  Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.  The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).  As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract. 987
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o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.

BIDDER/CONTRACTOR FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED

PRINTED NAME OF SIGNER TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
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Sample Contract
Federal Wage Rates
City of Visalia Labor Compliance Manual
Additional Attachments
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(City of Visalia Bid No. 24-25-19)
This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires completion of the _____________ Project, which was let to bid on ___________ as evidenced by Bid No. __________ (the “Project”); and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

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 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-19, Park Booster Pump Installation Project Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-19

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 24-25-19 for the stated compensation on or before the stated completion dates.
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43 4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 45 days of receipt of approved invoice.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

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

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

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
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44 Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

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

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

I. Guarantees and Warranties:

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

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.
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45 3. WARRANTIES: Warranties required by the Invitation to Bid or 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 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. 993
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46 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 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.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.

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47 Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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48 b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages.

This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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49 SAMPLE FINAL PAYMENT AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by

(Company)
who performed work on the City of Visalia Project entitled:

2. During all payroll periods from through ,
(first work date) (last work date)
All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of per diem wages and any amounts due.

3. During all payroll periods on this project, all apprenticeship requirements have been complied with.

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
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Addendum #1 Park Booster Pump Installation Project Page 1 of 10 City of Visalia, CA Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 REQUEST FOR BIDS (RFB) 24-25-19

PARK BOOSTER PUMP INSTALLATION PROJECT
ADDENDUM NO. 1
Issued: Friday, October 25, 2024
Bids Due: 3:00 P.M. on Thursday, October 31, 2024
This Addendum is being issued to provide a revised bid form, clarification, responses to questions, additional information, and confirm wages. This addendum becomes part of the RFB 24-25-19 document and must be signed and submitted with the bid.

ITEM 1: REVISED BID FORM
Bid Form has been revised to include the installation of a service disconnect at booster pump mounted to exterior of pump enclosure for each park.

At Blain Park, the contractor shall install a new gate on the north side of the back flow enclosure.

Please use the revised Bid Form included in this Addendum to submit your bid. As a reminder, please also complete and submit the required documents found on pages 18-40 of the RFB document.

ITEM 2: CLARIFICATION
The City will provide a subpanel at Blain Park, Pinkham Park, and Riverbend Park for the contractor’s point of connection. Burke Park, Jefferson Park, and Summers Park have existing electrical panels for the contractor’s point of connection.

It will be the contractor’s responsibility to install a service disconnect at each booster pump.

ITEM 3: QUESTIONS/RESPONSES
Q1: Where shall the booster pump be installed at each park? R1: Blain Park – To the south of the backflow device.

Burke Park – To the west of the backflow device.

Jefferson Park – To the west of the backflow device.

Pinkham Park – To the east of the backflow device.

Summers Park – To the south side of the backflow device.

Riverbend Park – To the west side of the backflow device.

Q2: At Blain Park, if the booster pump is installed to the south of the back flow device, the wrought iron gate to the back flow will be blocked. What should be done? R2: The contractor shall install a new gate on the north side of the back flow enclosure.

Q3: At Blain Park, what needs to be done to have electrical panel accommodate 230 volts single phase? R3: The City will have our electrical contractor install a service disconnect at the main service panel to provide the contractor with a point of service for the booster pump.

Q4: At Blain Park, is the contractor adding a breaker?
R4: No, City will add a service disconnect at the main electrical panel for the contractor’s connection.

Q5: At Jefferson Park, why are there three (3) back flows and are they identified? R5: One is domestic and two are for the irrigation that are tied together and feed the 4-inch irrigation mainline.
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Addendum #1 Park Booster Pump Installation Project Page 2 of 10 Q6: At Jefferson Park, is a service disconnect needed?
R6: No. The contractor will use the subpanel located at the irrigation controller.

Q7: At Pinkham Park, is a service disconnect needed and will it be in the interior or exterior of the fence? R7: The contractor will be responsible for the installation of a service disconnect at the booster pump.

Q8: At Pinkham Park, is there a breaker?
R8: The City will provide a subpanel with breaker mounted to the lift station panel inside the lift station for the contractor to tie into for the booster electrical power.

Q9: At Pinkham Park, what is the power of the lift pump and what power is needed for this project? R9: The power at the lift pump is 240-volt 3 phase. The booster pumps are designed for a 230-volt single phase electrical service.

Q10: At Pinkham Park, can pictures be provided of the electrical panel? R10: Yes. The City will include pictures with this addendum.

Q11: At Riverbend Park, is a service disconnect needed by the electrical panel? R11: The City will provide a subpanel with breaker mounted to the lift station panel inside the lift station for the contractor to tie into for the booster electrical power.

Q12: At Riverbend Park, is a service disconnect needed by the booster pump as well? R12: The contractor will be responsible for the installation of a service disconnect at the booster pump.

Q13: At Riverbend Park, should excavating be done in the exterior or interior of the fence? R13: Interior of the fence.

Q14: At Riverbend Park, can pictures be provided of the electrical panel? R14: Yes. The City will include pictures with this addendum.

Q15: Does contractor need to provide fencing for the pumps? R15: No, a stainless-steel enclosure is provided with the booster pump.

Q16: Are there currently booster pumps at the parks?
R16: There are no booster pumps at the parks and the irrigation systems are using Cal-Water services as the water source.

Q17: Are there as-builts for the parks and if so can you provide copies? R17: The City does not have as-builts for the many of the older parks, but parks staff will work with the contractor to identify infrastructure in the field.

Q18: Who provided the specification for the booster pumps? R18: Greg Mendonsa with Urban Tree Foundation provided the specifications for the booster pumps.

Q19: Prior to digging, can contractor run the existing system? R19: The contractor will be provided the opportunity to run the existing systems prior to installation of the booster pumps.

Q20: What type of building permit will be required and does each park need a separate permit? R20: A Commercial Building Permit Application will need to be submit for each park site.

Q21: Can a Class A – General Engineering Contractor bid on this project? R21: Yes, a Class A – General Engineering Contractor can bid the project. 999
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Addendum #1 Park Booster Pump Installation Project Page 3 of 10 Q22: Is contractor responsible for any electrical damage? R22: Yes, the contractor will be responsible for any electrical damage that may occur due to construction.

Q23: Does an electrical engineer need to be consulted?
R23: No. The City will have its electrical contractor complete the necessary work to provide the contractor with an electrical connection point.

Q24: Do the parks have master valve and flow systems?
R24: The parks will need new master valves and flow sensors installed.

Q25: What size conduit is needed for the booster pump, master valve, and flow system? R25: 1.5” schedule 40 PVC conduit shall be used.

Q26: What will the contractor do with the current irrigation controller? R26: The current controller will be removed and returned to the City of Visalia’s Park Maintenance Division, with the new irrigation controller installed in the existing pedestal using the manufacturer recommended retrofit kit.

Q27: In regards to power supply, what is the correct voltage to provide? R27: The booster pumps are designed for a 230-volt single phase electrical service.

Q28: Is the contractor to provide post maintenance or training of the devices installed? R28: The contractor will not need to provide post maintenance of the devices but will be required to train/educate city staff on the equipment after installation.

Q29: Will the City label the station wires in the controllers? R29: The City will label the station wires.

Q30: Does the city prefer excavation or boring?
R30: The City would prefer excavation.

ITEM 4: ADDITIONAL INFORMATION
Attached are copies of the mandatory pre-bid meeting sign-in sheets.

ITEM 5: UPDATED PREVAILING WAGES
Prevailing wages were checked on October 21, 2024. There were no updates to the wages. Original wages included with this RFB remain in effect.

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

Firm: Date:

By:

Bidder’s Signature
Attached to this Addendum:

1. Revised Bid Form

2. Pre-Bid Meeting Sign-In Sheets

3. Pictures of Electrical Panel at Pinkham Park

4. Picture of Electrical Panel at Riverbend Park
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Addendum #1 Park Booster Pump Installation Project Page 4 of 10 Attachment 1 to RFB 24-25-19, Addendum #1
REVISED BID FORM 10/24/24

Bidders Name: ____________________________
(Submit with Bid Proposal)
BID FORM RFB NO. 24-25-19

PARK BOOSTER PUMPS INSTALLATION PROJECT
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-19 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

LOWEST BIDDER will be determined by the lowest Total Bid Amount. The Total Bid Amount is the total cost of Items 1 through 6. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications. After the lowest Bidder has been determined, the City reserves the right to award as many of the above items as funding will allow. The resulting contract may be less than all 6 items.

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

BIDDER agrees to order the equipment within ten (10) calendar days of receiving the Notice to Proceed and to complete the project within forty-five (45) calendar days after equipment has been delivered, unless extended in writing by the Purchasing Division.

BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and 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. 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.

BIDDER agrees to abide by all requirements of the Davis Bacon Act, the Department of Industrial Relations (DIR) and the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state and/or federal prevailing wages, and uploading and providing certified payrolls to the Labor Commissioner and the City Project Manager.

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Addendum #1 Park Booster Pump Installation Project Page 5 of 10 Bidders Name: ____________________________
(Submit with Bid Proposal)

PARK BOOSTER PUMP INSTALLATION PROJECT
Item 1: Blain Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
Installation of a service disconnect at booster pump mounted to exterior of pump enclosure.
 Install a new gate on the north side of the back flow enclosure. $_____________________
(Lump Sum)
Item 2: Burke Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
Installation of a service disconnect at booster pump mounted to exterior of pump enclosure.
$_____________________
(Lump Sum)
Item 3: Jefferson Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
Installation of a service disconnect at booster pump mounted to exterior of pump enclosure.
$_____________________
(Lump Sum)
Item 4: Pinkham Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
Installation of a service disconnect at booster pump mounted to exterior of pump enclosure.
$_____________________
(Lump Sum)
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Addendum #1 Park Booster Pump Installation Project Page 6 of 10 Item 5: Riverbend Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
 Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
Installation of a service disconnect at booster pump mounted to exterior of pump enclosure.
$_____________________
(Lump Sum)
Item 6: Summers Park Irrigation Upgrade (prices bid shall include all taxes, equipment, irrigation supplies, fuel, and labor costs) Total Cost:
Installation of new Toro DXi irrigation controller with retrofit kit into existing controller cabinet, new output boards, and Sentinel DXi cell modem. (see attached specification)
Installation of new irrigation booster pump per specification. (see attached specification plans).
Installation of new master valves, flow sensors, and all necessary pipe fittings. (see attached details).
Installation of a service disconnect at booster pump mounted to exterior of pump enclosure.
$_____________________
(Lump Sum)
Total Bid Amount (Items 1 – 6) $_____________________

Signature of Authorized Person Title Date
LOWEST BIDDER will be determined by the lowest Total Bid Amount. The Total Bid Amount is the total cost of Items 1 through 6. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications. After the lowest Bidder has been determined, the City reserves the right to award as many of the above items as funding will allow. The resulting contract may be less than all 6 items.

In the event of discrepancies between the total bid amount (Items 1-6) and lump sum for each item, the lump sum total cost for each item will be added to get a correct total. 1003
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Addendum #1 Park Booster Pump Installation Project Page 7 of 10 Attachment 2 to RFB 24-25-19, Addendum #1
Pre-Bid Meeting Sign-In Sheets

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Addendum #1 Park Booster Pump Installation Project Page 8 of 10

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Addendum #1 Park Booster Pump Installation Project Page 9 of 10 Attachment 3 to RFB 24-25-19, Addendum #1
Pictures of Electrical Panel at Pinkham Park

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Addendum #1 Park Booster Pump Installation Project Page 10 of 10 Attachment 4 to RFB 24-25-19, Addendum #1
Picture of Electrical Panel at Riverbend Park
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Blain Park Site Map
Backflow
Device
Irrigation
Controller
Electric
Meter
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Burke Park Site Map
Irrigation
Controller and
Electric Meter
Backflow
Device
Approximately 140’ of 1.5-
inch schedule 40 PVC
conduit; 3 - #8 AWG wire; 1
- #10 AWG ground wire
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Jefferson Park Site Map
Irrigation Controller
Electric Meter
Backflow Device
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Pinkham Park Site Map
Irrigation Controller
Electric Meter
Backflow Device
1042
Riverbend Park Site Map
Backflow
Device
Irrigation Controller
Electric Meter
Approximately 460’ of 1.5-inch
schedule 40 PVC conduit; 3 - #2
AWG wire; 1 - #4 AWG ground wire
1 – B16 Christy concrete utility box,
with concrete electrical lid
1043
Summers Park Site Map
Irrigation Controller
Electric Meter
Backflow Device
1044
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0486 Agenda Date: 11/18/2024 Agenda #: 19.

Agenda Item Wording:

Award Contract for Elevator Repair - Authorize the City Manager to enter into an agreement with TK Elevator Corporation for $804,013.00 for the modernization of elevators within both parking structures and Fire Station 52.

Deadline for Action: 11/18/2024
Submitting Department: Community Services
Contact Name and Phone Number: Donny MacLennan, Building Maintenance Superintendent 713- 4525; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Jason Glick, Parks and Recreation Director 713-4042; jason.glick@visalia <mailto:jason.glick@visalia> Department Recommendation:

Staff recommends the City Council authorize the City Manager to enter into an agreement with TK Elevator Corporation for $804,013.00 for major modernization of elevators within both parking structures and Fire Station 52.

Background Discussion:

Summary:

The City currently operates thirteen (13) elevators at various facilities. There are two (2) elevators within the 222 W. Acequia Parking Structure, one (1) at the 300 E. Acequia Parking Structure, and one (1) located at Fire Station 52 2224 W. Monte Vista. These elevators are twenty plus years old and have started to experience operational failures. This modernization is a major overhaul of the elevators.

Background:

The elevators at both the 222 W. Acequia Parking Structure and 300 E. Acequia Parking Structure are twenty plus years old and have been experiencing equipment failures, costly repairs, and many of the replacement parts have become obsolete. Staff have been working with TK Elevators for the past several years to keep the elevators functional and in compliance with the State of California regulations. This has led to costly repairs and the elevators to be down for long periods of time until replacement parts could be located. The non-functioning elevators have become more frequent as the elevators continue to age and has become especial noticeable at the 222 W. Acequia Parking Structure because of the need by patients using the parking for the Kaweah Health facility nearby.

The elevator at Fire Station 52 has been down since April of this year after failing the state required load test. After performing diagnostics on the elevator TK Elevators discovered that the hydraulic ram that lifts and lowers the elevator cart was failing and would need to be replaced for the elevator to pass inspection and be operable for use. Staff then requested cost estimates from TK Elevator for the Visalia City Council Page 1 of 3 Printed on 11/15/2024
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File #: 24-0486 Agenda Date: 11/18/2024 Agenda #: 19.
replacement of the hydraulic ram. Because of the design of the system the cart would need to be raised, the old hydraulic ram removed, and a new pit drilled for the placement of a new hydraulic ram to be installed. This would be a costly repair and still leave the twenty-year-old elevator with dated equipment on the elevator cart and obsolete electronic controls that would need to be replaced soon.

Therefore, a more major overhaul is being recommended.

The life expectancy of an elevator now is typically twenty years. Staff had prepared the recently approved Capital Improvement Project (CIP) budget with the elevator repairs being performed in phases, starting with the two (2) elevators at the 222 W. Acequia Parking Structure in FY 24-25, and the one (1) elevator at the 300 E. Acequia Parking Structure to be completed in FY 25-26, Fire Station 52 was an unexpected failure to the elevator load test. The elevators listed above have reached or exceeded their expected life expectancy. Many of the replacement parts are now obsolete and have made it very difficult to keep the elevators in compliance with state requirements and functioning for users. For these reasons staff is requesting to combine and accelerate the elevator repairs in FY 24-25. This will help reduce mobilization and overall costs to the project.