Agenda packet — Visalia City Council, November 18, 2024 (part 9 of 10)

3. Project Schedule
 Include a project what timeline, that includes when the Vendor can begin the project once the contract is awarded, what is the estimated duration of each phase of the project and estimated public launch date.
 Include the timeframe for completion of tasks, including milestone dates for primary deliverables.
 Include discussion of where the project timeline may slip or is susceptible to delay if assumptions are not met relative to project task completion. As it is anticipated the project will have an assertive schedule, it is important for the City to understand the proposer’s expectations for City staff document review timeframes included in this schedule.  For project management purposes, the schedule should indicate how often there are meetings with City staff.

D. Proposed Fee Structure and Schedule (Under separate sealed cover) The Proposed Fee Structure and Schedule shall be provided under separate, sealed cover (envelope) as a part of the RFP submittal. Only one (1) sealed envelope containing Proposer’s Fees is requested.

Proposed fee structure must clearly list, in detail, what services will be provided, and the associated costs for each component. Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:
 A detailed budget estimate, including the hourly rates and time commitments for all team members and sub-Vendors by task for the project. Hourly rates included will be fixed for the duration of the project and will be applied to any change orders or additional work requests.  Indicate whether each pricing component is one-time-only or ongoing.  Indicate the payment terms and frequency.
 Denote any proposed optional tasks.
 Include similar information for any sub-contractor.
 Provide a sample billing invoice.
 Provide an estimate of travel expenses for completion of this project, if any.

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

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

E. General Contract Requirements
 Proof of Insurability: A brief statement or certificate of insurance from an acceptable insurance company setting forth that insurance coverage as required in the attached sample agreement, at a minimum, will be available at the time of commencement of the project. The City reserves the right to request additional insurance coverages and amounts through the final Agreement negotiated between the City and Vendor selected.
 Concurrence with contract provisions: A brief statement that the proposer concurs with the provisions of the City’s standard contract as attached to the RFP. Under certain circumstances, and subject to the discretion of the City, some provisions of the contract may be modified upon final contract negotiations with the selected Vendor.
1633
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 13 of 29 ends

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

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

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

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

The process for selection shall occur in the following sequence:

I. Review Proposals
II. Establish a “short list” of three or more firms
III. Interviews/Presentations by “short-listed” firms (at the option and discretion of the City) IV. Demonstration of products of top ranked Proposers
V. Identify best qualified firm
VI. Determine which, if any, alternates will be selected, and negotiate a fee VII. Award contract
A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of other City Departments, and may include a representative knowledgeable in Cyber Security Assessment from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview/make presentations or give demonstrations to the Committee as a part of the Committee’s evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a consultant based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria & Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Criteria Explanation Weight/Points
Merit of Proposal Submitted /
Presentation
 Thoroughness of Proposal Submitted
 Required Forms completed & submitted 15
Experience, Qualifications of
the Firm
 Background information on
company/organization
 Adequacy of Staff to perform the work specified
 References
15 1634
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 14 of 29 ends

 Ability to work effectively with City staff, other
public agencies and related parties
Experience & Qualifications of
Personnel & Record of Past
Performance
 Experience & qualifications of the Proposer’s
team in working on similar projects and with
local government
15 Experience- Specific to Time
and Attendance Applications
 Past Projects (size and similarity to those
specifications described in this RFP) 20
Responsiveness & Ability to
Provide Services and meet
needs of the City of Visalia
 Proposer Responses to Proposed Program
Approach 35
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal.

B. Contracting Agency
The contract resulting from this Request for Proposals will be administered by the City of Visalia Information Services Department and the Purchasing Division.
1635
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 15 of 29 ends

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

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

Permits and Licenses

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

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

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

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

D. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, CONTRACTOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONTRACTOR’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

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

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONTRACTOR’s (or CONTRACTOR’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

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

 Workers’ Compensation insurance as required by California statutes. 1636
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 16 of 29 ends

 Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
 Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
 Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”, In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.

VII. CONTRACT REQUIREMENTS AND ACCEPTANCE OF

PROPOSAL CONTENT
Before submitting a proposal, proposer’s must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim 1637
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 17 of 29 ends

whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

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

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

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

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

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

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

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

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

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

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

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

Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or 1638
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 18 of 29 ends

omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

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

Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

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

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

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

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

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

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

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

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

H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:
1639
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 19 of 29 ends

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

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

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

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

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

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

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

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

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. 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. 1640
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 20 of 29 ends

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

IX. SPECIAL CONDITIONS APPLICABLE TO THIS FEDERALLY

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

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

B. Federal Uniform Guidance 2 CFR Part 200.

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

Attachment 2 of this RFB “Federal Forms and Clauses” with signature page, outlines the applicable Federal Requirements. This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).

C. Project Administrative Issues

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

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

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

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. 1641
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 21 of 29 ends

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

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

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

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

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.
1642
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 22 of 29 ends

X. SAMPLE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT FOR

CYBER SECURITY ASSESSMENT, CYBER RESILIENCE PROGRAM AND IMPLEMENTATION PLAN This Agreement, entered into this ________ day of ________________, 20____, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the completion of the items of work described as “Scope of Services” in RFP No. 24-25-03, which along with the response submitted by CONSULTANT is attached as Exhibit “A”, and hereinafter referred to as the “PROJECT”; and

WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement; and
WHEREAS, this project will be supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Services, which shall be the Scope of Work for the project as described in RFP No. 24-25-03 unless the parties agree in writing to modify the Scope of Work as stated in the RFP, for the cost identified in Exhibit “B” - Project Fee.

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

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

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.
1643
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 23 of 29 ends

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.

III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a lump sum amount of _______________________________________ dollars ($ ) as shown in Exhibit “B”. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, “B”, and “C”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

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

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

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

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

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

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

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

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

C. Post-Termination:

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

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and 1644
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 24 of 29 ends

without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

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

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

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

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

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

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

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

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

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

VIII. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under 1645
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 25 of 29 ends

this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

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

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

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

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

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XII. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY. 1646
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 26 of 29 ends

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

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

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

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

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

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

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

4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

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

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

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable 1647
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 27 of 29 ends

clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

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

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

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

3. Terminate this Agreement.

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

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

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

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

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

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

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party. 1648
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 28 of 29 ends

E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

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

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

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

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

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

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

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

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
_____________________________
_____________________________
(Attention)
_____________________________
Phone:_______________________
Email:________________________
1649
RFP NO. 24-25-03
Cyber Security Assessment, Cyber Resilience Program and Implementation Plan

Page 29 of 29 ends

termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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

CITY OF VISALIA CONSULTANT
__________________________________ ___________________________ City Manager Date Date
Approved as to Form
__________________________________
City Attorney Date

_________________________________
Risk Manager Date
_________________________________
Project Manager Date
Exhibit “A”: Accepted Scope of Work as Negotiated by the City and the Consultant Exhibit “B”: Accepted Project Schedule and Fee as Negotiated by the City and the Consultant Exhibit “C”: Consultant Schedule of Fees
1650
This proposal contains proprietary information that shall not be duplicated, used, or disclosed for any reason other than evaluation of the proposal. If release is required due to transparency requirements, all information regarding performance methodology, pricing methodology, other items that are considered trade secrets and any Personally Identifiable Information must be redacted.

Cyber Security Assessment, Cyber Resilience
Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
Due Date: September 25, 2024, 2:00 PM PST
Submitted to:

Purchasing Division
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
Submitted by:

Global Solutions Group, Inc.
25900 Greenfield Road, Suite 220
Oak Park, MI 48237
www.GlobalSolGroup.com
Proposed Fee Structure and
Schedule
1651
Use or disclosure of data contained on this page is subject to the restrictions on the cover page of this proposal.

Cyber Security Assessment, Cyber Resilience
Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
Offeror
Global Solutions Group, Inc.
25900 Greenfield Road, Suite 220
Oak Park, MI 48237
www.GlobalSolGroup.com
UEI VH3UE9S2T6E5
CAGE 6M9L5
DUNS 078343325
EIN 20 0010736
US DoD Top-Secret Facility
Clearance
CMMC C3PAO Candidate –
ML3
Contracting Vehicles
Persons authorized to negotiate with the Government and sign the proposal and subsequent award on Offeror’s behalf:

Lisa Salvador, Vice President
Direct: (248) 291-5440
Mobile:(313) 333-0188
[email protected]
Acknowledgement of Addenda, Questions and Answers, and other Modifications GSG acknowledges Addendum 1 received on September 5, 2024, and Addendum 2 received on September 13, 2024.

Submit to:

Purchasing Division
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4334
1652
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
Table of Contents

1. Proposed Fee Structure and Schedule................................................................................................1

1.1 Payment Schedule: .........................................................................................................................................................2

1.2 Assumptions:.....................................................................................................................................................................2

1.3 Time Commitment for all Team Members..........................................................................................................3

1.4 Sample Billing Invoice ..................................................................................................................................................4

1.4.1 Sample Documents Required .......................................................................................................................4 1653
Page | 1
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03

1. Proposed Fee Structure and Schedule
The following demonstrate our proposed Fee structure and schedule for this requirement.

Milestone Description Duration
(Estimated) Hours Hourly Rate Total Cost
Project Kick-off, Plan, and Initiation
Tasks 2-3 days 16 $134.00 $2,144.00
Kick-off Meeting Kick-off Date 2
Identify Critical Assets & Risk
Assessment Posture 0.5 day 4
Develop Cyber Security Strategy &
document Implementation 1 - 2 days 4
Review with CISO, Security Team and IS
HEAD 0.5 day 2
Establish Definition of Target State 0.5 day 2
Comprehensive Project Plan 0.5 day 2
Assessment 135-140 days 818 $134.00 $109,612.00
Policies, procedures and standards 40
Network Device Configurations (core,
edge) 60
Network Architecture 40
Wireless Infrastructure and
Configuration 32
Firewall Configuration 16
VPN Configuration -
DMZ Configuration -
Server Environment and Configurations 160
VMware Virtual Environment 40
Data and Information Security 24
VOIP Environment and Configuration 16
Mobile Devices 24
Desktop and Laptop Configurations 50
Physical Security 40
Publicly Accessible Websites and
Services 16
Cloud Environments, including
Microsoft Entra Tenant Audit 80
Vulnerability assessments and
penetration testing 180
Cyber Resilience Program (CRP) and
Implementation Plan 15-20 days 100 $134.00 $13,400.00
Provide Cyber Security Training to City
staff in the form of Security
12-15 days 80 $134.00 $10,720.00
1654
Page | 2
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
Awareness Training and Phishing
Simulations
Deliverables 5-7 days 40 $134.00 $5,360.00
Unassigned Additional Hours – As
Needed 30-35 days 200 $134.00 $26,800.00
Estimated Travel Cost (1 Trip - 3 to 5
days per trip) - $2,000 3 Trips 3 $2,000.00 $6,000.00
Total Cost 200-220 days 1054 $174,036.00

1.1 Payment Schedule:
• GSG will accept a 100% services fee invoice upon acceptance of all final deliverables and/or tasks/sub-tasks.

1.2 Assumptions:
• The above Fixed Cost is based upon the scope and clarification response(s) provided in the RFP and Q&A document. If any of the scope and/or quantities of devices or locations increases, then our effort will be increased appropriately. • For effective project scheduling, the City management needs to provide access to all proprietary information, applications, and systems including third parties necessary to the success of this project and all the City stakeholders should be available as needed to ensure the timeliness and success of this project.
• Depending upon internal security testing requirement, either the City or GSG will provide the laptop to accomplish internal security testing.
• The GSG cyber team believes that the majority of the scope of work can be successfully accomplished remotely utilizing virtual meetings/conferences. GSG estimates three (3) trips for onsite related tasks. If any additional onsite work is required, then we would determine the specific need for onsite work and the corresponding accurate travel cost. We will charge for actual travel costs as per IRS / Federal Travel Regulation. For understanding purpose, 1 trip of 3 to 5 days per person travel costs around $2,000 including flight, lodging, meals, etc. • The City will provide access to all proprietary information, applications, and systems including third parties necessary for the success of this project. • During this engagement, any vulnerabilities, sensitive information, or configuration data discovered during this engagement won't be shared with anybody but the designated City employees.
• Some tasks may be accomplished in parallel depending upon the information, systems, and stakeholders' availability.
• GSG is flexible in scheduling and can perform the work after-hours and on weekends to reduce the impact on normal operations.
1655
Page | 3
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
• During this effort, GSG will not be responsible for negotiations with hardware, software, or other vendors, or any other contractual relationship between the City and third parties. • The City management will ensure that appropriate personnel are available to meet with the GSG team, as necessary to ensure the success of this project. • GSG will not be accountable when delays result from the City’s inability to meet stated prerequisites prior to an engagement, nor when delays result from the City personnel not being available to provide the required support for the success of this project. • Servers' OS installation is not part of this scope.
• The proposal will be valid for 90 days.

1.3 Time Commitment for all Team Members
Our existing resources have 50% workload allocated and 50% availability to ingest new projectrelated workloads.

For this proposal, the time commitment in terms of hours has been provided below, identifying the team members for each task:

Tasks Hours Personnel
Project Kickoff, Plan, and Initiation Tasks 16 Vicki Shah; Vatsal Shah Assessment
Policies, procedures and standards 40 Vatsal Shah; Kumar Setty Network Device Configurations (core, edge) 60 Vatsal Shah; Kumar Setty Network Architecture 40 Vatsal Shah; Kumar Setty
Wireless Infrastructure and Configuration 32 Vatsal Shah; Kumar Setty Firewall Configuration 16 Vatsal Shah; Kumar Setty
VPN Configuration −− −−
DMZ Configuration −− −−
Server Environment and Configurations 160 Vatsal Shah; Kumar Setty VMware Virtual Environment 40 Vatsal Shah; Kumar Setty
Data and Information Security 24 Vatsal Shah; Kumar Setty VOIP Environment and Configuration 16 Vatsal Shah; Kumar Setty Mobile Devices 24 Vatsal Shah; Kumar Setty
Desktop and Laptop Configurations 50 Vatsal Shah; Kumar Setty Physical Security 40 Vatsal Shah; Kumar Setty
Publicly Accessible Websites and Services 16 Vatsal Shah; Kumar Setty Cloud Environments, including Microsoft Entra
Tenant Audit 80
Vatsal Shah; Kumar Setty
Vulnerability assessments and penetration
testing 180
Vatsal Shah; Kumar Setty
Cyber Resilience Program (CRP) and
Implementation Plan 100 Vatsal Shah
Provide Cyber Security Training to City staff in
the form of Security Awareness Training and
Phishing Simulations
80 Vatsal Shah
Deliverables 40 Vicki Shah; Vatsal Shah
1656
Page | 4
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03

1.4 Sample Billing Invoice
GSG has adopted standard accounting processes for all government agencies customers. As part of this process, GSG follows the invoice process as below. a. Monthly Invoicing: Monthly invoicing / billing is our default option where our employees are providing services to our government and corporate customers. b. Deliverables based Invoicing: When requested by a customer and when it is defined in the services requirement, GSG provides deliverables-based invoicing. When GSG project and execution teams’ complete specific deliverables, they are submitted to the appropriate customer point of contact / manager. Once these deliverables are approved and accepted by the customer, the GSG project team will provide our accounting team with all invoicing related supporting information. The GSG accounting team will create invoices following the processes indicated below.

Contract: The GSG contract team will verify that the contract agreement is in place and duly executed before starting the actual work. We use descriptions from that agreement in invoicing so customers can see they’re getting what they paid for. This is critical to avoiding misunderstandings or invoice disputes.

Timesheets: GSG uses ADP for all HR processes including timekeeping for our employees. They clock-in and clock-out every day, including for their lunch hours. GSG pays our employees bi-weekly based on their work hours and standard company and DOL compliant processes.

Month End: Upon month-end, the GSG accounting team collects work hours assigned based upon the end-customer, government agencies, or private sector. Once hours are compiled the GSG project team will send these hours to customer points of contact / managers for their approval. Upon written approval, the GSG accounting team submits invoices with approved hours along with approved timesheets as supporting documentation.

Invoices: Once GSG Accounting submits the invoices, usually we receive payment with 30 – 45 days from our government customers. However, if we don’t receive our payment beyond 45 days then GSG team will follow up customer just to make sure that there were no questions regarding submitted invoice. If any question or clarification is required then we will provide our clarification, otherwise we will request payment. If there are still issues with payment of invoices, our accounts receivable personnel will communicate directly with the customer to resolve the issue.

1.4.1 Sample Documents Required
As any product associated with this proposal will be delivered digitally, there will be no packing list or asset delivery statement generated. The following are a sample invoice and sample statement of account.
1657
Page | 5
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
1658
Page | 6
Cyber Security Assessment, Cyber Resilience Program, and Implementation Plan
City of Visalia
RFP No: 24-25-03
1659
1660
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0493 Agenda Date: 11/18/2024 Agenda #: 23.

Agenda Item Wording:

Award of Landscape Maintenance Contract - Authorize the City Manager to Award annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant H to Perfect Care Landscape and Maintenance for an annual amount not to exceed amount of $162,638.

Deadline for Action: 11/18/2024
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Urban Forestry Supervisor 713-4295; [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; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Perfect Care Landscape and Maintenance, of Tulare, CA, in the amount of $147,853 plus a ten percent contingency ($14,785), per specifications of RFB 23-24-35. The total annual not to exceed amount is $162,638.

Background Discussion:

The previous Quadrant H landscape contract expired on April 30, 2024, and has been on a month-to-month basis with a temporary contract, awaiting the award of a new formal landscape maintenance contract.

Quadrant H is in the southern portion of the City, between S. County Center Dr. to the west, Walnut Ave. to the north, Santa Fe St. to the east, and W. Visalia Parkway to the south.

On October 04, 2024, and October 09, 2024, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Thursday, October 10, 2024, a pre-bid meeting was held in the City Council Chambers. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received questions from contractors where staff carefully reviewed and answered them in separate addendums.

On October 30, 2024, the City received bids from two (2) contractors in the Bid Summary below. Perfect Care Landscape and Maintenance, of Tulare, CA was the qualified low bidder for RFB 23-24-35 Landscape Maintenance of Quadrant H contract.

Visalia City Council Page 1 of 3 Printed on 11/15/2024
powered by Legistar™1661
File #: 24-0493 Agenda Date: 11/18/2024 Agenda #: 23.
· Perfect Care Landscape & Maintenance, Tulare, CA $147,853.00 annually · Brightview, Fresno, CA $175,117.00 annually
With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) Perfect Care Landscape and Maintenance currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant H at a “Level A” service.

This is considered a Public Works maintenance 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.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 23-24-35 Annual Contract for Landscape Maintenance of Quadrant H will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for landscape maintenance of Quadrant H, to Perfect Care Landscape and Maintenance, (RFB 23-24-35) for an annual not to exceed amount of $162,638.

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 3 Printed on 11/15/2024
powered by Legistar™1662
File #: 24-0493 Agenda Date: 11/18/2024 Agenda #: 23.

Attachments: Annual Contract for Landscape Maintenance of Quadrant H RFB 23-24-35, Exhibits, RFB Addendum 1, Perfect Care Landscape and Maintenance signed bid form including disclosure form, Site Maps.

Visalia City Council Page 3 of 3 Printed on 11/15/2024
powered by Legistar™1663
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
1 of 58

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT H
Bid Submittal Deadline: Wednesday, October 30, 2024, at 2:00 P.M.

Bids received after the time and date stated above shall be returned unopened to the bidder.

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 Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, 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). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected]. All questions must be received by 4:00pm on Tuesday, October 15, 2024.

Legal Ads 10/04/24 & 10/09/24
1664
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
2 of 58

TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award ............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 8 B. Landscape Maintenance ...................................................................................... 11 C. Important Notice ................................................................................................... 22 D. Department of Industrial Relations Requirements ............................................... 22 E. City of Visalia Labor Compliance Manual ............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency .............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate .......................................................................................... 26 E. Examination of Specifications and Site(s) of Work .............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms ............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs ..................................................................................................... 27 VIII. Protests and Appeals ............................................................................................... 28 IX. Award and Execution of Contract ........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award ............................................................................................... 29 C. References ........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 30 A. City-Contractor Relations ..................................................................................... 30 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities .................................................................................................... 30 D. Labor .................................................................................................................... 31 E. Use of City Personnel and Equipment ................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment ..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment ................................................................................. 32 C. City’s Right to Withhold Certain Amounts ............................................................ 32 D. Extra Work ........................................................................................................... 33 XII. Legal Responsibilities & Special Provisions ......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default .............................................................. 34 D. Permits and Licenses ........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification ............................................................................. 35 1665
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
3 of 58
J. Public Convenience and Safety ........................................................................ 36 K. Safety Orders .................................................................................................... 36 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement ................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms ............................................................................................................ 38 T. Executive Order N-6-22 – Russia Sanctions .................................................... 38 Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ............................................................................................... 39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Disclosure Forms....................................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 50 Exhibit B-9 Iran Contracting Act Certification ............................................................... 51 Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements .................................... 57

Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Maps
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual
Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

1666
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
4 of 58
I. DEFINITIONS
For the purposes of RFB NO. 23-24-35 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. 23-24-35.

II. INTRODUCTION
The City of Visalia is requesting bids for landscape maintenance of an area identified as Quadrant H.

Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 440,579 sq. ft. (10.114 acres) Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Thursday, October 10, 2024 at 1:00 PM
Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected].

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 1667
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
5 of 58
The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance contract: Notice is hereby given that this is a Public Works Maintenance Contract.

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects to the Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

The City of Visalia 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, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

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

The City of Visalia reserves the right to reject any or all bids. 1668
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
6 of 58
III. INSTRUCTIONS TO BIDDERS

1. Fill out attached Bid Form (Exhibit “A”) 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: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

In lower left-hand corner of envelope write or type: Landscape Maintenance Quadrant H RFB NO. 23-24-35

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid 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. Submit each of the required Certifications, Affidavits, Assurances, Statements and Questionnaires as well as optional waiver(s) to the City with the sealed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected].

Questions regarding this RFB are due no later than 4:00pm on Tuesday, October 15, 2024.

IV. LANDSCAPE AND LIGHTING MAINTENANCE ACREAGE POLICY
The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants). This policy became effective June 19, 2023.

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and maintain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60-acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an existing landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

This exception will only apply for the duration of the current maintenance contract. 1669
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
7 of 58

3. Landscape Maintenance contractors are limited to a maximum of 60-acres of territory in the City of Visalia. If a Contractor is not yet at the 60-acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contractor is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60-acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

V. CONTRACT ACCEPTANCE AFTER AWARD
Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting. 1670
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
8 of 58
VI. SCOPE OF WORK/SERVICES
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
 No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
1671
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
9 of 58
 All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.
 All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.
 All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.

Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.
1672
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
10 of 58
Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slowrelease nitrogen source.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.

12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a $100 penalty per incident or termination of contract if multiple incidents are noted.

The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor. b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting 1673
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
11 of 58
attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Manager shall discuss any penalties with the Contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas. a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and 1674
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
12 of 58
shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
 Sprinkler heads
 Sprinkler risers
 Quick coupler valve boxes
 Hose bib boxes
 Remote control valves
 Remote control valve boxes and covers
 Maintain and replace batteries in battery operated controllers on a continual basis
 All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
 Proper solenoid replacement should be completed with dry and tight connections  Minor graffiti removal from irrigation controllers
 Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller

If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to 1675
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
13 of 58
repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.

Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.

The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.

 Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
 Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devices to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water. 1676
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
14 of 58
d. Turf Watering. All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.

e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager. f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Water Conservation Division to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials. j. Remote Control Receiver. Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the 1677
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
15 of 58
contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.

Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place.  Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
 Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
 Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
 Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes 1678
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
16 of 58
adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants. a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.

Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining. 1679
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
17 of 58
No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project Manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Visalia, Corporation Yard for storage.

The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident 1680
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
18 of 58
complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slowrelease fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Project Manager.

The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced. 1681
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
19 of 58
In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines. c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The Contractor will perform the work and the City will pay for the Contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance

a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from Contractor.  Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment.
 All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers.  All mowers must be cleaned prior to each mowing to avoid possible weed invasion.  Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
 Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
 Blades must be kept sharp at all times to prevent turf damage.  Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
 Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
 Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
 Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers 1682
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
20 of 58
shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus. g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is 1683
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
21 of 58
considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.

Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project Manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines. a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth. b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e.

Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m. 1684
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
22 of 58
a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;
b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IMPORTANT NOTICE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations. Awarded Contractor is required to furnish electronic payroll records for new projects 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 by unregistered contractors submitted after will be rejected as non-responsive.

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.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific 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 1685
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
23 of 58
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 in 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:
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 1686
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
24 of 58
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 apprenticable 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.
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. 1687
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
25 of 58
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 apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into this RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VII. GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

B. TERM OF CONTRACT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, 1688
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
26 of 58
Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.

C. PRICING
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

E. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

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

F. DISCREPANCIES AND MISUNDERSTANDINGS
No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of 1689
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
27 of 58
proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.

The contractor will bear no liability for any errors that he discovers and reports to the City.

The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

G. BID FORMS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

I. DISQUALIFICATION OF BIDDERS
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.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid. 1690
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
28 of 58
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 big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

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

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

IX. AWARD AND EXECUTION OF CONTRACT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

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

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

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

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

4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City. 1691
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
29 of 58

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

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award. 1692
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
30 of 58
X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which time and/or financial considerations are involved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shall be liable for all damage done to any structure arising through his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such improvements. The contractor shall notify the project manager and Underground Service Alert companies of proposed locations and times for any and all excavations. 1693
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
31 of 58

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

The contractor shall notify the owners of all utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.

2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a meter, if required by said authority, of a size and type acceptable to said authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor understands that any offers of assistance by City Personnel are unauthorized and the contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. The remote and keys need to be returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.
1694
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
32 of 58
Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment, and materials whenever City forces are called upon to repair damage caused by the contractor in the performance of work associated with this contract.

F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XI. MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:

 Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers.  Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom. 1695
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
33 of 58
The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
 Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
 When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-1 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear 5% 25% 20% 25% 15% 5%
Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%
 If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur.  If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
 If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.  The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the 1696
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
34 of 58
work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.

XII. LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and 1697
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
35 of 58
o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned above) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.
1698
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
36 of 58
Without limiting the City of Visalia’s right to indemnification, it is agreed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statutes.

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this contract shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”
In addition, the commercial general liability and comprehensive automobile liability policies required by this contract shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under this contract with the City of Visalia.” J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Access. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner. When working in City Right of Way, the Contractor shall comply with the California Department of Transportation, Manual of Uniform Traffic Control Devices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours. Street closures will not be allowed except as specifically permitted by the City and the proper governmental authority. The contractor shall prepare any traffic control or detour plans that may be required as directed by the City of Visalia. 1699
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
37 of 58
K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and services rendered under this bid complies, as applicable, with the Occupational Safety and Health Act of 1970 (or latest revisions), including all applicable amendments thereof, the State of California Industrial Safety Act, and regulations issued thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of conflicts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various prices named in the bid sheet for completion of the work.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.
1700
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
38 of 58
S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

T. EXECUTIVE ORDER N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
1701
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
39 of 58
Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB 23-24-35, LANDSCAPE MAINTENANCE OF QUADRANT H
In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-35 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipment, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs associated with performing the work described in the bidding documents including all exhibits and attachments.

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

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

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

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
 Level A service for all areas, or
 Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.

BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Quadrant, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.
1702
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
40 of 58
The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT H, PER SPECIFICATIONS OF RFB 23-24-35 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 215,313 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 225,266 X $________/sq. ft. = $_____________ Total Monthly for Level A Service $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager. $__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign ________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 1703
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
41 of 58
Name of Bidding Agency:____________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________ BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:

10% Bid Guarantee Bond Yes______ No________
Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________ If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

REFERENCES
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
1704
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
42 of 58
Name of Bidding Agency:____________________

SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 to 4113 inclusive of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and the approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
1705
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
43 of 58
EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
1706
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
44 of 58
EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________ Business Address: ____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):
1707
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
45 of 58
EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That we, ___________________________________________________________________________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 23-24-35
Project: Landscape Maintenance of Quadrant H in Visalia, CA NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _______________________________ day of _______________________________, 2024

Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________ Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________ Date:____________________ Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged. 1708
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
46 of 58
EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):

State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1709
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
47 of 58
EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
48 of 58
EXHIBIT “B-6”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
49 of 58
EXHIBIT “B-7”
Submit with Bid
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _____________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 1712
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
50 of 58
EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )

TITLE OF PERSON SIGNING
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
1713
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
51 of 58
EXHIBIT “B-9”
Submit with Bid

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 1714
BID NO. 23-24-35

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

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT H
(City of Visalia Bid No. 23-24-35)
This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 23-24-35 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the CITY’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
1715
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
53 of 58

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB 23-24-35, Landscape Maintenance of Quadrant H, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-35

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 23-24-35.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval. 1716
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
54 of 58
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

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

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager

Dated: _______________ By: _________________________________________________ City Attorney

Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 1717
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
55 of 58
Exhibit “C”
Attachment 1

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

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

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

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

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

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

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 1718
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
56 of 58
J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

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

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 1719
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
57 of 58
Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
1720
BID NO. 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT H
58 of 58
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
1721
RFB 23-24-35
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant H Page 1 of 2 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 23-24-35

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT H ADDENDUM NO. 1
Issued: Wednesday, October 23, 2024
Bids Due: Wednesday, October 30, 2024 at 2:00 P.M.

This Addendum is being issued to provide a change in the RFB, responses to questions and to confirm wages. This addendum becomes part of the RFB 23-24-35 document and must be signed and submitted with bid.

ITEM 1: CHANGE TO MEASUREMENT AND PAYMENT
The RFB document currently reads on page 33:
 When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor.

See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-1 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear
5% 25% 20% 25% 15% 5%
Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear
5% 50% 25% 15% 5%
This section shall be amended to read:
 When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor.

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Weed Control
10% 15% 20% 15% 15% 25%
Areas with only Planters:

Area Cost Estimate Trash/Debris Ground
Cover
and
Shrubs
Trees Irrigation Weed
Control
10% 25% 25% 15% 25%
ITEM 2: QUESTIONS/RESPONSES
Q1: Does this Quadrant include Packwood Creek Trail?
R1: No, Packwood Creek Trail was removed from Quadrant H.

Q2: When is payment of invoices made?
R2: Project Manager will authorize payment after reviewing and approving the itemized invoice. This is generally 30 days from date submitted unless there are any discrepancies.

Q3: What was the prior award amount?
R3: The current pricing is listed below. The current contract is a temporary month to month contract and the scope of work (services) are not the same as the scope of work for RFB 23-24-35, which have been updated and the maintenance of Packwood Creek Trail was removed.

Quadrant H – Temporary Month to Month Contract Awarded to Perfect Care Level A Service
Service once per week
(52 times annually)
Quantity
(Sq.

Footage)
X Unit Cost
(Monthly)
= Monthly Price
Turf (including irrigation
maintenance)
215,313 X $0.024147/ sq. ft. = $5,199.16
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
212,511 X $0.011821/ sq. ft. = $2,512.09
Trail 589,354 X .008559/ sq. ft. = $5,044.33
Total Monthly for Level A Service $12,755.58
ITEM 3: PREVAILING WAGES
Prevailing wages were checked on Monday, October 21, 2024. There were no updates to the state wages.

State wages originally posted with this RFB remain in effect.

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

By:

Bidder’s Signature
1723
1724
1725
1726
1727
1728
1729
1730
1731
1732
1733
1734
1735
1736
1737
1738
1739
1740
1741
1742
1743
1744
South Cameron
Creek #1
Caldwell Ranch #1&#3
South Cameron
Creek #2
South Cameron
Creek #3
Caldwell West
Estates #2
Cameron
Creek Ranch #2
Cameron Creek Ranch #4&#5
Park Breeze Stonebrook
South Cameron
Creek #2 Ponding Basin
Westwood Park #1&#2
Park Summit #2
Salierno Estates

PACKWOOD

CAMERON
TULARE IRRI. DIST.

S Court St
W Visalia Pkwy
W Caldwell Ave
S Santa Fe St
W Cameron Ave
S Mooney Blvd
S West St
S Fairway St
S Vintage St
S Bridge St
S Stonebrook St
W Reese Ave
W Hemlock Ave
S Jacob St
S Dollner St
W Oak View Dr
W La Vida Ave
S Conyer St
S Hall St
Alley
W Dorothea Ave
S Johnson St
E La Vida Ave
W Sunnyside Ave
E Parkview Ave
S Stevenson St
W Loyola Ave
S Stonebro0k St
S Oak View Dr
W Orchard Ct
W Orchard Ave
W Victor Ave
E Paseo Ave
W James Ave
S Garden St
W Monte Vista Ave
S Martin St
E Arlen Ave
S Willis Ct
S Divisadero St
E Dorothea Ct
E Sunnyside Ct
S Green Oaks Dr
S Encina St
E Monte Vista Ave
S Oak Park St
S Johnson Ct
W Paseo Ct
S Giddings St
W Victor Ct
W La Vida Ct
W Dorothea Ave
W Victor Ave
S Stevenson St
S Hall St
S Martin St
W Kimball Ave
S Johnson Ct
S Willis Ct
S Vintage St
W Sunnyside Ave
S Giddings St
0 0.25 0.5
Miles
R Conaway 12/19
±
City of Visalia
District H
1:11,000
Legend
Railroad
Waterways
parks_pocket
basins
bikeways

Page 1 ends

W Kimball Ave
Cameron Creek Ranch
South Cameron Creek #3
Visalia Pkwy side
1745
Sebastian Acres
Park Breeze West #1
Whitendale Park #2
Whitendale Park #1
Laurelwood Estates
Park West #7
W Walnut Ave
S G di d ni gs St
W Whitendale Ave
S West St
W Beech Ave
S Sowell St
S Watson St
W Harter Ave
S Jacob St
W Evans Ave
W Mary Ave
S Dol nl er St
W Seeger Ave
S Conyer St
S S et venson St
W Laura Ave
W Cherry Ct W Cherry Ave
W Ashland Ave
S Conyer Ct
W Monte Vista Ave
S Will si Ct
S
Martin St
W Evergreen Ct
S Oak Park St
S V ni at ge St
W Ashland Ct
W Evergreen Ave
S S et venson Ct
S Johnson Ct
S Johnson St
W Country Ct
S Sebast ai n Ct
S Co ul mbus Ct
W Mary Ct
S Sowell St
S Conyer St
S
Conyer St
W Ashland Ave
S Johnson St
S Watson St
S Conyer Ct
W Monte Vista Ave
W Evans Ave
W Harter Ave
W Evergreen Ave S Dol nl er St
S Jacob St
S S et venson Ct
±
City of Visalia
District H
R Conaway 12/19
1:5,500
0 0.3 0.6
Miles
Legend
Railroad
Waterways
parks_pocket
basins
bikeways

Page 2 ends

1746
Quail Creek
P
C
KWOOD
W Caldwell Ave
S Mooney Blvd
W Cameron Ave
Alley
W Packwood Ave
S County Center Dr
S Verde Vista St
S Shady St
S Oakhaven St
S Woodland St
S Linda Vista St
W James Ave
W Russell Ave
S Sallee Ct
S County Center St
S Valley Ct
W Rialto Ave
S Mountain Ct S Vickie St
W Packwood Ct
S Vickie Ct
S Jackie St
S Shady Ct
W Packwood Dr
S Woodland Ct S Woodland St
Alley
S Sallee Ct
R Conaway 12/19 ±
City of Visalia
District H
1:5,000
Legend
Railroad
Waterways
parks_pocket
basins
bikeways
Street Names
0 0.25 0.5
Miles
A
1747
Area: 12,755.4 Square feet
Packwood Creek
W Mission Ave
S
Creekside
Ct
S
Creekside
Ct W Caldwell Ave
Stonebrook LL Addition
Nearmap US
Road Centerlines
Site Address Points
Current
Other
12/12/2023, 9:07:02 AM
0 0.01 0.01 0.02 mi
0 0.01 0.01 0.03 km
1:764
Nearmap US |
1748
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0497 Agenda Date: 11/18/2024 Agenda #: 24.

Agenda Item Wording:

Authorization of Senate Bill 125 Transit Funding Agreements - Authorize the City Manager and City Clerk to sign the SB 125 Program Cooperative Agreement between the City and the Tulare County Association of Governments to receive SB 125 State Transit funding.

Deadline for Action: 11/22/2024
Submitting Department: Administration
Contact Name and Phone Number: Angelina DeRossett, Transit Manager, [email protected] (559)713-4591; John Lollis, Assistant City Manager, [email protected] <mailto:[email protected]> (559)713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager and City Clerk to sign the SB 125 Program Cooperative Agreement between the City and the Tulare County Association of Governments (TCAG) to receive SB125 State Transit funding to fund the Visalia Transit microtransit pilot program within the city of Visalia.

Background Discussion:

Visalia Transit is currently partnering on many regional projects both within and outside Tulare County. An estimated $56 million in SB 125 State Transit funding has been allocated to TCAG to provide funding to the Transit agencies within Tulare County, including the Cities of Porterville and Visalia and the Tulare County Regional Transit Agency, supporting many projects including new transfer station development in Farmersville and Lindsay, electric vehicle charging infrastructure in Tulare and Visalia, maintenance facility improvements in the County and Porterville, replacing Fixed Route zero emission buses (ZEBs) in Visalia, and the development and operation of a microtransit pilot across the three (3) Transit agencies. Representatives for TCAG and the three (3) Transit agencies are meeting at least weekly to review timelines, progress and the grant funds for the project.

Fiscal Impact:

At its meeting on September 16, 2024, the Council approved the appropriation of SB 125 funds in support of the development and operation of the Visalia Transit microtransit pilot project. TCAG has subsequently provided both a Cooperative Agreement and a draft Supplement Agreement that defines the allocation and use of funds for the Visalia Transit microtransit pilot. The Cooperative Agreement needs to be approved, and then each task or project will be incorporated to the Cooperative Agreement as a Supplement Agreement. The draft Supplement Agreement that will be used for each project or task is provided as an attachment for reference.

Visalia City Council Page 1 of 2 Printed on 11/15/2024
powered by Legistar™1749
File #: 24-0497 Agenda Date: 11/18/2024 Agenda #: 24.

Prior Council Action: September 16, 2024 - Award Contract for Microtransit Software and Vehicles Other: N/A
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

I move to athorize the City Manager and City Clerk to sign the SB 125 Program Cooperative Agreement between the City and the Tulare County Association of Governments to receive SB 125 State Transit funding.

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

1. Draft TCAG SB 125 Program Cooperative Agreement

2. Draft TCAG SB 125 Program Supplement to Cooperative Agreement

3. City Council Agenda Staff Report - September 16, 2024 Visalia City Council Page 2 of 2 Printed on 11/15/2024
powered by Legistar™1750
1 SB 125 PROGRAM COOPERATIVE AGREEMENT
THIS SB 125 PROGRAM COOPERATIVE AGREEMENT ("Agreement") is made and entered into on _____________________, by and between the [CITY OF PORTERVILLE / CITY OF VISALIA / TULARE COUNTY REGIONAL TRANSIT AGENCY] ("SPONSOR") and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Regional Transportation Planning Agency for Tulare County ("TCAG"). SPONSOR and TCAG are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:

RECITALS
WHEREAS, TCAG and SPONSOR desire to enter into an Agreement for funding of transit capital improvements and/or operational costs in Tulare County pursuant to the authority provided by the State of California’s Budget Act of 2023 SB 125 Program Formula-Based Transit and Intercity Rail Capital Program & Zero Emission Transit Capital Program (“SB 125 Program”); and WHEREAS, SPONSOR desires to receive SB 125 Program funding from TCAG for transit capital improvement projects and/or operational costs ("Projects") to be developed and/or identified by SPONSOR; and,
WHEREAS, TCAG is authorized under the SB 125 Program to disburse SB 125 Program funds to SPONSOR in accordance with the “Final Guidelines” promulgated as of September 29, 2023 for the SB 125 Program by the California State Transportation Agency, as those “Final Guidelines” may be amended or supplemented from time-to-time (the “SB 125 Program Guidelines”).

NOW, THEREFORE, the Parties represent, covenant and agree as follows:

AGREEMENT
This Agreement shall have no force or effect with respect to a specific Project unless and until a project-specific Program Supplement to this Agreement (a “Program Supplement”) has been fully executed by both TCAG and SPONSOR.

SECTION I
Covenants of SPONSOR

1.1 Compliance with SB 125 Program Requirements. SPONSORagrees to abide by the terms and conditions of TCAG as set forth herein for the receipt of SB 125 Program funds and to comply with the SB 125 Program Guidelines (Appendix); and TCAG’S adopted SB 125 Program Polices and Procedures, if any, as well as any subsequent amendments or updates thereto. 1751
2 1.2. Project Application.

1.2a. Transit Capital Improvement and/or Operational Costs Projects - The complete Project description, scope of work, delivery schedule, estimate of cost by activity, anticipated amount and type of funds that will supplement SB 125 Program funds, and the anticipated timing for release of SB 125 Program funds shall be specified in SPONSOR’S application for SB 125 Program funds and approved by TCAG. Such an application is in addition to any annual transit expansion or equivalent plan or application that SPONSOR may be required to submit to TCAG in order to receive Measure R or other transit planning, operational, or capital improvement funds.

1.3. Project Scope. A Project scope of work or any change to such may not be implemented until it has been approved by TCAG in accordance with the SB 125 Program Guidelines.

1.4. Eligible Reimbursement Costs. Eligible reimbursement costs shall be costs as specified in the SB 125 Program Guidelines or as may be approved from time to time by TCAG pursuant to Section 1.2. In no event shall expenses incurred prior to the execution of this Agreement be considered eligible reimbursement costs.

1.5. SB 125 Program Percentage Share Defined. For this Agreement, the SB 125 Program percentage share of eligible costs shall be as set forth in the approved application for the specific Project.

1.6. Invoices and Progress Reports. Starting one month after the execution of this Agreement, SPONSOR shall provide TCAG with quarterly progress reports concerning the Project. SPONSOR shall provide invoices no less than monthly for activities conducted over the prior unbilled month. These documents shall include the following specified information:

1.6.a. SPONSOR’S Staff Expenses. SPONSOR may include in the invoice direct staff expenses for the eligible costs of the Project.

1.6.b. Copies of Consultant Invoices. SPONSOR shall provide TCAG with one (1) copy of all invoices submitted to SPONSOR by every consultant, subconsultant, contractor, or subcontractor performing work related to the Project.

1.6.c. Progress Reports. The quarterly progress reports shall include a brief description of the status of the Project and the work completed to date. This summary may be included on the invoices submitted to TCAG or be attached to those invoices.

1.6.d. Deadline to Submit Reimbursement Requests. All invoices and progress reports shall be submitted to TCAG on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which SPONSOR requests reimbursement payments. TCAG shall issue reimbursement payments to SPONSOR on or before the last day of the month for all timely submittals.

1.6.e. Late Submittals. If SPONSOR fails to submit documents to TCAG as set forth in Section 1.5.d, above, then TCAG shall provide reimbursement payments for late submittals in the following calendar month.
1752
3 1.7. Use of Funds. SPONSOR shall use SB 125 Program funds consistent with the Project scope of work approved by TCAG pursuant to Section 1.2.

1.8. Submittal of Documents. SPONSOR shall provide copies to TCAG of all executed contracts which relate to the Project scope approved by TCAG pursuant to Section 1.2. SPONSOR shall retain records pertaining to the Project for a four (4) year period following completion of the Project.

1.9. Completion of Project. SPONSOR shall be responsible for the timely completion of construction and provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work.

1.9.a. Letter of Project Completion. SPONSOR shall provide TCAG with a letter of Project completion which includes final cost, revenues, and schedule of activities. This letter shall accompany the final invoice for payment from SPONSOR to provide notice of Project account closing by TCAG.

1.10. Provision of Signs. SPONSOR shall install SB 125 Program signs approved and/or required by TCAG. SB 125 Program Signs shall be posted at locations agreed upon by TCAG and SPONSOR.

1.11. Cost-Savings and Excess Costs.

1.10.a. Definition of Cost Savings. After a Project has been accepted by SPONSOR as complete, any positive difference between the total Project cost, as approved by TCAG pursuant to Section

1.2, and the total amount invoiced to TCAG shall be considered Project cost savings.

1.11.b. Cost Savings. If, according to the most recently amended SB 125 Program Guidelines, the Projects are not segments of a larger project, or if all other segments of the larger project have been completed, then TCAG shall allocate the SB 125 Program share according to the Adopted Policies and Procedures, if any.

1.11.c. Segmented Projects. If, according to the most recently amended SB 125 Program Guidelines, the Project is a segment of a larger project and other segments have not been completed, then TCAG shall allocate the SB 125 Program share (as specified in Section 1.4) of these cost savings to the uncompleted segment(s) of the larger project.

1.11.d. Excess Costs: If the actual total Project costs exceed the estimate approved by TCAG, then this amount will be considered an excess cost.

1.11.e. Reconciliation of Excess Costs: If the costs to complete the Project exceed the total amount of funds programmed, SPONSOR will be fiscally responsible for the full amount of excess costs associated with SPONSOR’S Project, unless otherwise agreed by the Parties pursuant to Section 2.4.

1.12. Provision of Groundbreaking and Ribbon Cutting Ceremonies. SPONSOR shall be responsible for groundbreaking ceremonies and ribbon cutting ceremonies, if any, related to their Project(s) and as determined necessary by TCAG and SPONSOR. SPONSOR may contract either or both ceremonies through private consultants. Any such ceremonies shall be coordinated with the Public 1753
4 Relations Officer of TCAG. The costs of all ceremonies will be an expense of the Project.

SECTION II
Covenants of TCAG

2.1 SB 125 Program Funds. TCAG agrees to disburse SB 125 Program funds for the costs of SPONSOR’S Project(s) according to the terms and conditions set forth herein, and to comply with the SB 125 Program Guidelines and; and TCAG’S adopted SB 125 Program Polices and Procedures, if any, as well as any subsequent amendments or updates.

2.2. Reimbursement Payments. TCAG shall make reimbursement payments to SPONSOR for eligible Project costs as specified in the SB 125 Program Guidelines and subsequent updates of the SB 125 Program Guidelines. To receive monthly reimbursement payments for work completed on the Project, SPONSOR shall comply with the following reimbursement procedures:

2.2.a. Ineligible Costs. The TCAG reserves the right to adjust current or future reimbursement payments to SPONSOR if an invoice includes ineligible costs.

2.2.b. Reimbursement Amount. The amount of reimbursement payments to SPONSOR shall be made pursuant to the SB 125 Program Guidelines.

2.2.c. Suspension of Reimbursement. TCAG shall timely pay or reimburse SPONSOR for all undisputed cost items. Reimbursement payments for the item(s) in question shall be suspended without interest when a dispute arises as to whether or not a cost item(s) is eligible for reimbursement.

2.2.c. (1) Meeting. If a dispute over reimbursement or payment occurs, then TCAG shall arrange a meeting between TCAG and SPONSOR to discuss and attempt to resolve the dispute. If the invoice was received on or before 5:00 p.m. on the 10th day of the month (or if the 10th is not a business day, then the next business day), then the meeting shall be held no later than the 20th day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the 20th day of the following month.

2.2.c. (2) Technical Advisory Committee. If an agreement cannot be reached at the meeting referenced above, then SPONSOR or TCAG shall have the option to take the dispute to TCAG’S Technical Advisory Committee, with the understanding that by doing so the payment or reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.

2.2.c. (3) Governing Board Decision. If SPONSOR or TCAG disagrees with the dispute resolution proposed by the Technical Advisory Committee, then the dispute shall be submitted to TCAG Governing Board for final resolution. Reimbursement or payment for the disputed cost item(s) will be further delayed until a resolution of the matter is reached by the TCAG Governing Board. If the TCAG Governing Board determines that the disputed cost item(s) is ineligible for payment or reimbursement, then TCAG shall not provide reimbursement or payment to SPONSOR for the disputed item(s). If the TCAG Governing Board determines that the disputed cost item(s) is eligible for payment or reimbursement, in whole or in part, then TCAG promptly shall provide reimbursement or payment to 1754
5 SPONSOR for such portion of the disputed cost. The decision of the TCAG Governing Board shall be considered to be final for administrative purposes and not subject to reconsideration or further administrative appeal or review.

2.2.c. (4) Reservation of Rights. By utilizing the above procedures, SPONSORdoes not surrender any rights to pursue available legal remedies if SPONSOR disagrees with a TCAG Governing Board decision.

2.2.d. Acceptance of Work Does Not Result In Waiver. Reimbursement payments shall not result in a waiver of the right of TCAG to require fulfillment of all terms of this Agreement.

2.3. Right to Conduct Audit. TCAG shall have the right to conduct an audit of all SPONSOR’S records pertaining to Projects at any time during the four (4) year period after completion of the Projects.

2.4. Reconciliation of Excess Costs. If the costs to complete a Project exceed the total amount of funds programmed, then TCAG may, by further agreement with SPONSOR, agree to provide additional SB 125 Program or other funding for the Project.

SECTION III
Mutual Covenants

3.1. Release of liability. SPONSOR hereby releases TCAG from any liability to SPONSOR regarding TCAG’S administration and issuance of the SB 125 Program funds, except for any breach of TCAG’S fiduciary duty as set forth in the SB 125 Program Guidelines.

3.2. Term. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.3 or Section 3.15.

3.3. Discharge. This Agreement shall be subject to discharge as follows:

3.3.a. Termination by Mutual Consent. This Agreement may be terminated between SPONSOR and TCAG at any time by mutual consent of SPONSOR and TCAG. If this Agreement is mutually terminated by the Parties, then SPONSOR will no longer receive SB 125 Program funds unless a new agreement between SPONSOR and TCAG is formed.

3.3.b. Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.14 below, this Agreement shall be discharged, and the Parties shall have no further obligation to each other, upon completion of all of SPONSOR’S projects as certified by TCAG.

3.4. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of TCAG and SPONSOR:

3.4.a. Indemnity. SPONSOR shall fully defend, indemnify and hold harmless TCAG, and any officer or employee of TCAG, against any damage or liability occurring by reason of anything done or 1755
6 omitted to be done by SPONSOR under the Agreement and related to SPONSOR’S Project(s). It is also fully understood and agreed that, pursuant to Government Code Section 895.4, SPONSOR shall fully defend, indemnify and hold TCAG harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by SPONSOR under this Agreement or in connection with any work, authority, or jurisdiction delegated to SPONSOR under this Agreement.

3.4.b. Indemnity. TCAG shall fully defend, indemnify and hold harmless SPONSOR, and any officer or employee of SPONSOR, against any damage or liability occurring because of anything done or omitted to be done by TCAG under or in connection with any work, authority or jurisdiction delegated to TCAG under the Agreement and related to SPONSOR’S Project(s). It is also understood and agreed that, pursuant to Government Code Section 895.4, TCAG shall fully defend, indemnify and hold SPONSOR harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by TCAG under this Agreement or in connection with any work, authority, or jurisdiction delegated to TCAG under this Agreement.

3.5. Notices. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

TCAG: SPONSOR:

Executive Director [Title]
Tulare County Association of Governments [Agency name]
210 N. Church St. Ste B [Agency street address]
Visalia CA 93291 [City], CA [zip code]
Fax No.: 559-733 6720 Fax No.: [Fax #]

3.5.a. Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after the date of mailing. Either Party may change the above address by giving written notice pursuant to this paragraph.

3.5.b. Either Party may change its address by giving notice of such changes to the other Party in the manner provided in this Section 3.5. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

3.6. Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of the Agreement.

3.7. Integration. This Agreement, together with any associated Program Supplement, represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by either of the Parties except as expressly set forth herein, or in other contemporaneous written agreements. 1756
7 3.8. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

3.9. Independent Agency. SPONSOR renders services under this Agreement as an independent agency and TCAG is also an independent agency under the Agreement. None of SPONSOR’S agents or employees shall be agents or employees of TCAG and none of TCAG’S agents or employees shall be agents or employees of SPONSOR.

3.10. Assignment and Delegation. The Agreement may not be assigned, transferred, hypothecated, or pledged by either Party, nor may either Party delegate its duties or responsibilities hereunder, without the express written consent of the other Party.

3.11. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Parties. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement or delegate duties or responsibilities hereunder, other than as provided above.

3.12. Severability. If any part of this Agreement is determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, then such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

3.13. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by both of the Parties, each counterpart shall be deemed an original, but all counterparts together shall constitute a single document.

3.14. Survival. The following provisions in this Agreement shall survive discharge of the Agreement:

3.14.a. SPONSOR.As to SPONSOR, the following Sections shall survive discharge: Section

1.7 (obligation to apply funds to Project), Section 1.8 (obligation to provide copies and retain records), and Section 1.9 (obligation to continue to manage Project).

3.14.b. TCAG. As to TCAG, the following Section shall survive discharge: Section 2.3 (right to conduct audit).

3.14.c. All Parties. As to all Parties, the following Sections shall survive discharge: Section

3.3.b. (obligation which survives termination), and Section 3.4. (mutual indemnities).

3.15. Limitation. All obligations of TCAG under the terms of this Agreement are expressly contingent upon TCAG’S continued authorization to receive and expend the funds provided by the SB 125 Program. If for any reason TCAG’S right or ability to receive or expend such funds is terminated or suspended in whole or part so that it materially affects TCAG’S ability to fund a Project, then TCAG shall 1757
8 promptly notify SPONSOR, and the Parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the Parties, then this Agreement shall be deemed terminated by mutual or joint consent of the Parties. Any future obligation to fund a Project or any other project or projects of SPONSOR, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement therefor.

3.16. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.

3.17. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.18. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. The Parties agree that this contract is made in and shall be performed in Tulare County, California.

3.19. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.20. No Continuing Waiver. The waiver by either Party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

3.21. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any Party to this Agreement.

3.22. Exhibits and Recitals. The Recitals and Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

3.23. Signatory’s Warranty. Each Party warrants to each other that it is fully authorized and competent to enter into this Agreement in the capacity indicated by that Party’s signature below and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other Party.
1758
9 IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the day and year first written above.

TULARE COUNTY ASSOCIATION OF GOVERNMENTS ATTEST:

By: ___________________________ By: ___________________________ Chair of TCAG TCAG Executive Director
Governing Board
[CITY OF VISALIA
By: __________________________ ATTEST:

Mayor
By: _________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:

OFFICE OF TULARE COUNTY COUNSEL
By: __________________________ By: __________________________ Deputy Counsel for SPONSOR
Counsel for TCAG
JLK/10-21-2024/20241704/2259178.docx
1759
10 APPENDIX
BUDGET ACT OF 2023
SB 125 FORMULA-BASED TRANSIT

AND INTERCITY RAIL CAPITAL

PROGRAM &

ZERO EMISSION TRANSIT

CAPITAL PROGRAM

FINAL GUIDELINES
SEPTEMBER 29, 2023
1760
September 29, 2023
SB125 FINAL GUIDELINES – FORMULAIC FUNDING
Contents
1 Authority and Purpose................................................................................................................................... 2 2 Objectives...................................................................................................................................................... 3 3 Eligible Recipients and Funding Distribution................................................................................................. 4 4 Schedule ........................................................................................................................................................ 7 5 Eligible Projects.............................................................................................................................................. 8 6 Requirements for Funding Allocations........................................................................................................ 11 7 Approval and Programming ........................................................................................................................ 20 8 ProjectDelivery and Reporting.................................................................................................................... 21 9 ProjectAdministration................................................................................................................................. 22 Attachment 1: CCI Funding Guidelines for Administering Agencies................................................................... 23 Investments to Benefit Disadvantaged Communities and Low-Income Communities and Households ....... 23 Attachment 2: Quantification Methodology and Co-Benefit Assessment Methodology................................... 24 CCI Quantification and Reporting Materials................................................................................................... 24 Attachment 3: Benefit Criteria Tables ................................................................................................................ 26 CCI Benefit Criteria Tables .............................................................................................................................. 26 1761
September 29, 2023
2 1 Authority andPurpose
The Transit and Intercity Rail Capital Program (TIRCP) was created by Senate Bill (SB) 862 (Chapter 36, Statutes of 2014) and modified by SB 9 (Chapter 710, Statutes of 2015), to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. The legislation of these bills is codified in Sections 75220 through 75225 of the Public Resources Code (PRC). Assembly Bill (AB) 398 (Chapter 135, Statutes of 2017) extended the Cap-and-Trade Program that supports the TIRCP from 2020 through 2030. SB 1 (Chapter 5, Statutes of 2017) continues to provide a historic funding increase for transportation with funds directed to the TIRCP from the Public Transportation Account (PTA).

AB 102 (Chapter 38, Statutes of 2023) and SB 125 (Chapter 54, Statutes of 2023) amended the Budget Act of 2023 to appropriate $4,000,000,000 of General Fund to the TIRCP over the next two fiscal years as well as $910,000,000 of GGRF funding and $190,000,000 of PTA funding over the next four fiscal yearsto establish the Zero-Emission Transit Capital Program (ZETCP). These guidelines are specifically developed to facilitate the award of these funds to projects in an expeditious manner.

These guidelines include elements of the policy, standards, criteria, and procedures for the development, adoption, evaluation and administration of the TIRCP last updated for Cycle 6 (which delivered its last tranche of funding for project awards in July 2023) but are unique to this particular cycle of TIRCP funding. In allowing the funds covered by these guidelines to be available for operating costs, the guidelines are also required to be aligned with the legislative intent described in subdivision (d) of Section 75226 of, and subdivision (f) of Section 75260, of the Public Resources Code. They will be further informed by input received through workshops, public comments and written responses to be received by September 14, 2023.

SB 125 provided additional direction with regards to the funding appropriated in the Budget Act of 2023. It created specific categories for funding as follows:

A) $3,995,000,000 over the next two fiscal years shall be distributed pursuant to a population-based formula to regional transportation planning agencies (RTPA) as defined in Section 7 of these guidelines. The bill authorizes RTPAs to use the moneys for high-priority transit capital projects consistent with the uses allowed in Cycle 6 of the TIRCP, which includes existing projects seeking to maintain or obtain federal or local funding commitments, project development for major projects that are seeking to enter or have already entered project development with federal partners, or for new TIRCP projects. As in Cycle 6, all capital projects must both increase ridership and reduce greenhouse gas emissions, in common with traditional TIRCP project requirements. The funding may also be used to fund transit operating expenses that prevent service cuts and increase ridership for operators within the RTPAs jurisdiction, subject to compliance with requirements and further detail described in Section 6 of these guidelines.

B) $1,100,000,000 over the next four fiscal years shall be for the establishment of the Zero-Emission Transit Capital Program (ZETCP) and requires funds under the program to be allocated to RTPAs pursuant to a population-based formula and another formula based on transit operator revenues within the jurisdiction of these RTPAs, as specified (the formula described is consistent with the current State Transit Assistance formula). The bill authorizes RTPAs to use the moneys for zeroemission transit equipment, including, but not limited to, zero-emission vehicles and refueling infrastructure and, subject to compliance with requirements described in Section 6 of these guidelines, to use those moneys to fund transit operating expenditures that prevent service reduction or elimination in order to maintain or increase ridership.

NOTE: Cycle 7 of TIRCP, funded with the regular GGRF and SB1 sources, is expected to be delayed approximately two months from its regular calendar, with a call for projects around December 1, 2023 and 1762
September 29, 2023
3 applications due around March 1, 2024. The proposed timeline reflects eligible applicant feedback and will allow applicants to incorporate the regional choices made under SB 125 when determining what to submit to the competitive TIRCP cycle. Based on this timeline, the Program of Projects would be announced around June 1, 2024.
2 Objectives
The TIRCP was created to fund transformative capital improvements that modernize California’s intercity rail, bus (including feeder buses to intercity rail services, as well as vanpool and micro transit services that are eligible to report as public transit to the Federal Transit Administration), ferry, and rail transit systems (collectively referred to as transit services or systems inclusive of all aforementioned modes unless otherwise specified) to achieve all of the following policy objectives, as codified in Section 75220(a) of the PRC:

1. Reduce emissions of greenhouse gases

2. Expand and improve transitservice to increase ridership

3. Integrate the railservice ofthe state’s various rail operations, including integration with the high-speed railsystem

4. Improve transitsafety
Additionally, Section 75221(c) of the PRC codifies a programmatic goal to provide at least 25 percent of available funding to projects that provide a direct, meaningful, and assured benefit to disadvantaged communities, consistent with the objectives of SB 535. AB 1550 provides further requirements related to ensuring investments meet the needs of priority populations, a term used to cover disadvantaged communities, low-income communities and low-income households.

Investments made by TIRCP are expected to collectively meet or exceed the requirements in AB 1550. Each RTPA will need to provide information related to its projects sufficient to determine the nature of priority population benefits; however, there is no minimum requirement that each project or RTPA needs to meet for the projects submitted.

Taken as a whole, the increases in transit system ridership, as well as the reduction in vehicle miles traveled, congestion and greenhouse gas emissions, will help deliver a healthier and safer transportation system. Investments are expected to position the state to lead in the deployment of cutting edge and zero emission technologies, test innovative strategies and new approaches to reducing transportation-related fatalities, provide important new capacity in corridors that support growth in jobs and housing, and to expand multimodal transportation access and options for all Californians across all regions of the state.

Further, as outlined in SB 125, which amended the Budget Act of 2023, it is the intent of the Legislature to:
(1) provide one-time multiyear bridge funding for transit operators to address operational costs until long-term transit sustainability solutions are identified (2) assist transit operators in preventing service cuts and increasing ridership (3) prioritize the availability of transit for riders who are transit dependent (4) prioritize transit agencies representing a significant percentage of the region’s ridership To that end, SB 125 specifies that the moneys appropriated in the Budget Act of 2023 may be used for high-priority transit capital projects within the project eligibility categories allowed under TIRCP in Cycle 6, and also for transit operating expenses for operators within the RTPAs jurisdiction.

Further detail on the definition of transit operator is included in Section 3. 1763
September 29, 2023
4 3 Eligible Recipients and Funding Distribution
The first year of funding for TIRCP and the ZETCP is already available for distribution once required materials are submitted and must be fully encumbered or expended and liquidated by CalSTA by June 30, 2028. FY23-24 funds for TIRCP and the ZETCP must be disbursed to RTPAs by this deadline. Once received by the RTPA there is no deadline for the expenditure of funds.

TIRCP funding will be allocated in both FY23-24 and FY24-25 to RTPAs according to a population-based formula after each recipient first receives $300,000 of base funding.

The $410 million of first year ZETCP funding (from both PTA and GGRF sources), as well as the $230 million for each of the succeeding three years (from GGRF only), will be allocated to RTPAs pursuant to a population-based formula and another formula based on transit operator revenues within the jurisdiction of these RTPAs. This formula matches the approach used to calculate State Transit Assistance distribution.

Eligible recipients of funding are the RTPAs, as defined in Section 13987(j) of the Government Code. The current eligible recipients based on that definition and initial fund estimates by expected recipient are as follows:

A B C D E F G
RTPA Year 1 TIRCP Year 2 TIRCP Year 1 ZETCP
(53.66% GGRF,

46.34% PTA)
Years 2-4 ZETCP
(per yr, 100%
GGRF)
Grand Total
(B+C+D+(E*3))
Maximum Admin
Share
Metropolitan
Transportation
Commission
$385,068,697 $386,040,188 $149,679,519 $83,966,559 $1,172,688,081 $5,000,000 Alpine County
Transportation
Commission
$360,641 $360,794 $6,740 $3,781 $739,518 $25,000
Amador County
Transportation
Commission
$2,336,465 $2,341,606 $218,158 $122,381 $5,263,373 $52,634 Butte County
Association of
Governments
$10,488,545 $10,514,269 $1,113,156 $624,454 $23,989,331 $239,893 Calaveras County
Local
Transportation
Commission
$2,576,611 $2,582,360 $238,532 $133,811 $5,798,936 $57,989 Colusa County Local
Transportation
Commission
$1,402,047 $1,404,830 $119,153 $66,842 $3,126,556 $31,266 Del Norte County
Local
Transportation
Commission
$1,675,501 $1,678,974 $149,752 $84,007 $3,756,247 $37,562 El Dorado County
Local
Transportation
Commission
$9,085,857 $9,108,041 $971,781 $545,145 $20,801,115 $208,011 Tahoe Regional
Planning Agency
$5,753,283 $5,767,052 $596,916 $334,855 $13,121,818 $131,218 Fresno County
Council of
Governments
$51,406,113 $51,535,149 $6,249,069 $3,505,575 $119,707,058 $1,197,071 Glenn County Local
Transportation
Commission
$1,752,922 $1,756,591 $154,691 $86,778 $3,924,537 $39,245 Humboldt County
Association of
Governments
$7,130,906 $7,148,153 $825,047 $462,831 $16,492,599 $164,926 1764
September 29, 2023
5 Imperial County
Transportation
Commission
$9,362,644 $9,385,526 $1,027,524 $576,416 $21,504,942 $215,049 Inyo County Local
Transportation
Commission
$1,259,080 $1,261,501 $99,284 $55,696 $2,786,952 $27,870 Kern Council of
Governments
$46,278,687 $46,394,777 $5,050,974 $2,833,473 $106,224,857 $1,062,249 Kings County
Association of
Governments
$7,982,701 $8,002,098 $827,175 $464,025 $18,204,049 $182,040 Lake County/City
Council of
Governments
$3,706,510 $3,715,111 $370,593 $207,894 $8,415,895 $84,159 Lassen County Local
Transportation
Commission
$1,829,937 $1,833,800 $165,103 $92,619 $4,106,698 $41,067 Los Angeles County
Metropolitan
Transportation
Authority
$498,650,905 $499,909,177 $119,494,973 $67,033,765 $1,319,156,350 $5,000,000 Madera County
Local
Transportation
Commission
$8,254,231 $8,274,315 $850,825 $477,292 $18,811,248 $188,112 Mariposa County
Local
Transportation
Commission
$1,161,396 $1,163,571 $91,799 $51,497 $2,571,256 $25,713 Mendocino Council
of Governments
$4,848,229 $4,859,713 $505,296 $283,459 $11,063,615 $110,636 Merced County
Association of
Governments
$14,669,424 $14,705,704 $1,558,919 $874,515 $33,557,593 $335,576 Modoc County
Local
Transportation
Commission
$739,160 $740,269 $49,336 $27,676 $1,611,794 $25,000
Mono County Local
Transportation
Commission
$976,126 $977,834 $171,629 $96,279 $2,414,427 $25,000
Transportation
Agency for
Monterey County
$22,218,449 $22,273,790 $2,975,692 $1,669,291 $52,475,803 $524,758 Nevada County
Local
Transportation
Commission
$5,416,406 $5,429,324 $554,558 $311,093 $12,333,568 $123,336 Orange County
Transportation
Authority
$160,108,526 $160,512,022 $22,473,788 $12,607,247 $380,916,076 $3,809,161 Placer County
Transportation
Planning Agency
$16,356,936 $16,397,478 $1,900,006 $1,065,857 $37,851,991 $378,520 Plumas County
Local
Transportation
Commission
$1,257,263 $1,259,680 $114,463 $64,211 $2,824,038 $28,240 Riverside County
Transportation
Commission
$123,382,700 $123,693,468 $14,828,290 $8,318,309 $286,859,385 $2,868,594 Sacramento Area
Council of
Governments
$100,321,824 $100,574,367 $13,907,018 $7,801,498 $238,207,702 $2,382,077 Council of San
Benito County
Governments
$3,609,072 $3,617,427 $348,002 $195,221 $8,160,164 $81,602 San Bernardino
County
Transportation
$110,856,746 $111,135,888 $13,864,934 $7,777,890 $259,191,238 $2,591,912 1765
September 29, 2023
6 Authority
San Diego
Association of
Governments
$48,212,817 $48,333,791 $6,181,044 $3,467,415 $113,129,896 $1,131,299 San Diego
Metropolitan
Transit System
$118,515,843 $118,814,323 $17,265,263 $9,685,392 $283,651,604 $2,836,516 San Joaquin Council
of Governments
$39,935,609 $40,035,684 $5,031,810 $2,822,723 $93,471,271 $934,713 San Luis Obispo
Area Council of
Governments
$14,486,636 $14,522,455 $1,569,547 $880,477 $33,220,070 $332,201 Santa Barbara
County Association
of Governments
(SBCAG)
$22,796,994 $22,853,796 $2,916,400 $1,636,030 $53,475,278 $534,753 Santa Cruz County
Transportation
Commission
$13,771,188 $13,805,201 $2,649,968 $1,486,567 $34,686,060 $346,861 Shasta Regional
Transportation
Agency
$9,423,391 $9,446,427 $993,316 $557,226 $21,534,813 $215,348 Sierra County Local
Transportation
Commission
$463,183 $463,595 $17,533 $9,836 $973,818 $25,000
Siskiyou County
Local
Transportation
Commission
$2,515,009 $2,520,601 $239,061 $134,108 $5,676,994 $56,770 Stanislaus Council
of Governments
$28,068,044 $28,138,155 $3,037,849 $1,704,159 $64,356,526 $643,565 Tehama County
Transportation
Commission
$3,587,498 $3,595,798 $347,323 $194,840 $8,115,139 $81,151 Trinity County
Transportation
Commission
$1,109,747 $1,111,791 $86,567 $48,562 $2,453,791 $25,000 Tulare County
Association of
Governments
$24,305,505 $24,366,115 $2,748,056 $1,541,592 $56,044,453 $560,445 Tuolumne County
Transportation
Council
$3,094,210 $3,101,265 $296,569 $166,368 $6,991,148 $69,911 Ventura County
Transportation
Commission
$42,429,785 $42,536,157 $5,066,998 $2,842,463 $98,560,328 $985,603 Funding distributions will be only made to the above recipients, utilizing fund transfer instructions confirmed with CalSTA by the RTPA prior to transfer, which may in turn make funding available to public agencies in their jurisdiction. RTPAs have the discretion to suballocate or distribute funds within their region based on local needs, existing procedures, policies or priorities, as long as required SB 125 program requirements and goals are met, including addressing how operating needs are expected to be met with SB 125 and/or other resources.

For TIRCP and ZETCP capital projects, the RTPAs may distribute funding to public agencies eligible to receive TIRCP capital funding, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service (and associated feeder bus service to intercity rail services), urban rail transit service, or bus or ferry transit service (including commuter bus, vanpool, and micro transit services). Public agencies include local municipalities that operate transit service, construction authorities, transportation authorities, and other similar public entities created by statute. Please note that within such capital projects, with the exception of projects that are in the federal pipeline for major projects project development, the projects funded must result in 1766
September 29, 2023
7 construction being completed, as is required under traditional TIRCP funding.

For any spending on transit operations to prevent service reduction or elimination in order to maintain or increase ridership, or to otherwise increase ridership, the RTPAs may distribute funding to transit operators in their jurisdiction that are eligible to receive State Transit Assistance (STA) funding through Section 99314 at the time of distribution by the RTPA. Please note that preventing service reduction and elimination includes the broad variety of expenses required to provide service, including those related to ensuring safety and state of good repair of the vehicles and infrastructure.

RTPAs may also be the sponsor of capital and operating projects and may partner on projects with the agencies eligible to receive funding (such as doing a planning effort tied to making the underlying project more beneficial in a regional context upon implementation).

RTPAs must deposit funds into one or more dedicated bank accounts or custody accounts. Permitted investments include bank demand deposits consistent with California government code, government money market funds, U.S. Treasuries, U.S. Agency securities, California Local Agency Investment Fund (LAIF), and AAA public agency pools, to the extent permitted by RTPA policy and state statute. If a separate account is not possible, the agency may show documents of a line item or subaccount dedicated to SB 125 funds. Funds will be disbursed separately from each fund source supporting SB 125 (General Fund for TIRCP; PTA and GGRF for ZETCP) and identified as such when disbursed. RTPAs are responsible for tracking the receipt and utilization of these funds separately, and recording interest earned (or other investment income earned) on each fund source separately. The interest or investment earnings must also be spent on approved eligible projects within each program and will be accounted for when an agency submits its required Annual Report, as described in Section 9. When the recipient agency submits its Annual Report, they are required to submit a copy of their most recent bank statement. The additional spending made possible by interest or investment earnings shall be approved through submitting an Updated Program Allocation Request to CalSTA, which will approve such spending based on review of project eligibility.

RTPAs, transit operators and other public agencies expending SB 125 formula funding assume responsibility and accountability for the use and expenditure of allocated funds in accordance with these guidelines and applicable statutes. These agencies must also comply with all relevant federal and state laws, regulations, policies, and procedures.
4 Schedule
CalSTA Publishes 2023 SB 125 Guidelines September 29, 2023 Optional, time-limited, focused virtual meetings for agencies to discuss and clarify program requirements (will be scheduled by request)*
Initial Allocation Package Submittal Due
October 16-December 8, 2023
December 31, 2023
Regionally Compiled Transit Operator Data Due
Requested Funding Will be Allocated No Later Than
December 31, 2023
April 30, 2024
*Comments and requests for meetings can be submitted to:

[email protected]
1767
September 29, 2023
8 5 Eligible Projects
TIRCP Funding ($3.995 billion)
In orderto be eligible for TIRCP capital projectfunding underthis program,acapitalprojectmustdemonstrate that it will achieve a reduction in greenhouse gas emissions using the relevant sections of the ZETCP Quantification Methodology. It must also demonstrate an increase in ridership.

As codified in Section 75221(a) of the PRC, projects eligible for funding under the program include, but are not limited to, the following:

1. Rail capital projects, including intercity rail, commuter rail, light rail, and other fixed guideway projects. Additionally, the acquisition of rail cars and locomotives, and the facilities to supportthem, that expand, enhance, and/or improve existing rail systems and connectivity to existing and future transitsystems, including the high-speed rail system.

2. Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, infrastructure access payments to host railroads in lieu of capital investments, efforts to improve existing rail service effectiveness with a focus on improved operating agreements, schedules, and minor capital investments that are expected to generate increased ridership, as well as larger scale projects designed to achieve significantly larger benefits.

3. Rail, bus, and ferry integration implementation, including:
a. integrated ticketing and scheduling systems and related software/hardware capital investments (including, but not limited to, integration with bus or ferry operators and the use of contactless payment and General Transit Feed Specification (GTFS) implementation through Cal-ITP)
b. projects enabling or enhancing shared-use corridors(bothmulti-operator passenger only corridors as well as passenger-freight corridors)
c. related planning efforts focused on, but not limited to, delivery of integrated service not requiring major capital investment, such as transit route and schedule integration (or coordination)
d. other multimodal and service integrationinitiatives, including active transportation and other access investments which increase transit and rail ridership and reduce greenhouse gas emissions

4. Bus rapid transit and other bus and ferry transit investments(including autonomousfixed guideway, vanpool, andmicrotransitservices operated as public transit and first-/last-mile solutions), and to increase ridership and reduce greenhouse gas emissions. This includes large scale deployment of zero emission vehicles and the technologies to support them, and capital investments as a component implementing transit effectiveness studies that will contribute to restructured and enhancedservice.

Grade separations and grade crossing improvements on passenger rail corridors or related to transit projects are eligible, as they are under the discretionary TIRCP. In addition to providing safety benefits, these projects often provide certain roadway based (and sometimes rail related) greenhouse gas emission reductions and a small increase in ridership (tied to reductions in train delays and cancellations tied to incidents at the crossing, and sometimes speed increases that occur after crossings are improved or eliminated). In some cases, ridership increases from such projects are more significant if they are necessary to increase train frequency.

Projects related to mitigating the impacts on freight rail services that are caused by growth in passenger rail may also be eligible for TIRCP funding even if they are not directly on the passenger rail corridor.

Projects that link housing with key destinations and that improve accessibility to economic opportunities are also eligible for TIRCP funding.

Demonstration projects that are smaller-scale efforts with great potential to be expanded are eligible for 1768
September 29, 2023
9 funding.

Projects may include new approaches to attracting increased ridership such as smart phone mobile ticketing, contactless payment, or other software and hardware solutions to reduce ticketing transaction costs, or a test of a concept related to integrated ticketing, as well as intercity rail/transit effectiveness or operational planning as a component of the capital investments in improved, expanded and/or restructured service designed to cost-effectively increase ridership. Research, development, and testing of emerging technologies are eligible components. Clean fleet, facility and network improvement projects may also request funding for Zero Emission Mobility Programs, in lieu of Zero Emission Vehicle purchase, in compliance with Innovative Clean Transit Regulation Section 2023.5.

Many TIRCP applicants have met the requirements for reducing greenhouse gas emissions and increasing ridership through combining related capital investments that may individually address only one or the other benefit. Many TIRCP applicants have also augmented their chosen capital projects with key network integration planning studies that consider how to enhance the benefits of their projects (in connecting to other transit and rail systems), or planning efforts that consider a later phase of capital investment and the benefits it will bring to the current proposed project when constructed at a later date.

Agencies may apply to TIRCP Cycle 7 or later for projects that use SB 125 resources for new projects, either to complete project funding or to expand project scope; SB 125 funding will be counted as matching funds in future TIRCP discretionary grant applications. Additional guidance will be provided in the TIRCP Cycle 7 guidelines.

Additionally, RTPAs may suballocate funds to agencies in their jurisdiction so agencies may use this funding to support projects that have previously received a TIRCP award and require an additional infusion of resources to deliver the original scope. RTPAs may also allocate funding to any project awarded funds in Cycle 6 that pledged to use future TIRCP formula funds as match, in accordance with the direction provided in the Cycle 6 guidelines. RTPAs may assume that any funding from these SB 125 resources will help obtain or maintain funds from federal, state and local sources already committed to the projects, and document this benefit for their own projects, and require such documentation of benefits from project sponsors for other projects, in their Allocation Package submissions. Agencies shall state which project is seeking additional funds, identifying the Cycle 1 through 6 project, and whether the funding is needed for the full project scope or for a subcomponent.

RTPAs may suballocate funds to agencies in their jurisdiction so agencies may also use this funding for project development activities, similar to the “Major Projects Project Development Reserve” that was established in the Cycle 6 guidelines, including use of additional funding for projects that received funding for such projects in the Cycle 6 awards. While projects and programs of projects do not need to be ready for construction, agencies should identify how their project or program of projects will be eligible to apply for TIRCP construction funding in the future and what specific federal, state and other funding programs they are planning to utilize for construction funding. As in Cycle 6, such projects must either be pursuing Capital Investment Grant funding through the Federal Transit Administration (FTA) or be parht of the pursuit of Federal Railroad Administration funding through the Corridor Identification Program. Projects not pursuing federal funds for construction from FTA or planning to pursue FRA capital funding for construction through one of the Bipartisan Infrastructure Law programs are not eligible. Agencies may apply to TIRCP Cycle 7 or later for projects that use SB 125 resources for project development; SB 125 funding will be counted as matching funds in future TIRCP discretionary grant applications.

RTPAs that are themselves the capital project sponsor may also utilize funds for their own projects.

RTPAs are also authorized to use TIRCP moneys, subject to compliance with requirements described in Section 6 of these guidelines, to fund transit operating expenses within its jurisdiction that prevent service cuts and increase ridership, including those related to ensuring safety and state of good repair of the vehicles and infrastructure necessary to operate service, as well as those that pay for free and reduced fare programs. Planning expenses related to implementation of ridership recovery and retention strategies are also eligible as operating projects, whether at the 1769
September 29, 2023
10 RTPA or STA-eligible transit operator level. RTPAs that are themselves the operator of transit services may also utilize funds for their own operations. Service planning necessary to experiment with, demonstrate or implement significant service modifications may be funded as an operating expenditure at either the RTPA or transit operator level.

ZETCP Funding ($1.1 billion)
Pursuant to SB 125, zero-emission transit equipment, transit facility and network improvement projects such as those that support replacing aging vehicle fleets with Zero-Emission Vehicles (ZEVs), and associated fueling or charging infrastructure or facility modifications, are eligible projects for the Zero-Emission Transit Capital Program (ZETCP). ZEVs include heavy- and light-rail vehicles, buses, and other ZEVs used for transit service. Clean fleet, facility and network improvement projects may also request funding for Zero Emission Mobility Programs, in lieu of Zero Emission Vehicle purchase, in compliance with Innovative Clean Transit Regulation Section 2023.5.

GGRF funds used on these projects (53.7% of the first year and 100% of years 2-4) will require submission of information described in the ZETCP Quantification Methodology, as expending GGRF funds requires benefits reporting. They also require compliance with the CARB Funding Guidelines applicable to all GGRF funding, including semi-annual benefits reporting and identification of benefits to priority populations.

ZETCP funding may also be used for transit operations expenditures that prevent service reduction or elimination in order to maintain or increase transit ridership, in accordance with the provisions described in Section 6 of these guidelines, including those related to ensuring safety and state of good repair of the vehicles and infrastructure necessary to operate service, as well as those that pay for free and reduced fare programs. Planning efforts necessary to implement one or more of the Innovative Clean Transit Plan efforts within the region, and planning expenses related to implementation of ridership recovery and retention strategies, may be programmed as an operating expense out of the PTA portion of funds disbursed to each RTPA, but must be requested in an Allocation Package submission covering the FY23-24 funding year.

A maximum of 1% of total multi-year SB 125 funding, or $5 million, whichever is lower, may be programmed by the RTPA for RTPA administration of SB 125 funding across both the TIRCP and ZETCP, and for planning expenses related to preparing and implementing the initial short-term financial plan, updates to the short-term financial plan, and the long-term financial plan, including planning expenses related to implementation of ridership recovery and retention strategies. If less than $25,000 would be available under this formula, a maximum of $25,000 shall be available to such RTPAs for RTPA administration and planning expenses. As the RTPAs are tasked with developing the regional long-term financial plan for their jurisdictions, there is no requirement to program and suballocate funds to transit operators for this purpose, although they may do so at their discretion. The RTPAs can procure professional services or use their own staff to gather the reports, data and relevant information needed to develop the regional longterm financial plan required by SB 125. This request must be made in the Allocation Package submissions covering FY 23-24 funding from the ZETCP due on December 31, 2023, as an operating project associated with the RTPA, as most funding will be drawn from the Public Transportation Account resources only available in that year. If included in the December 31, 2023 submission, funds may be applied to expenses incurred at any point in the RTPAs FY23-24 fiscal year, including those incurred prior to receipt of funding, subject to RTPA policies that allow such reimbursement. Very small RTPAs may be directed by CalSTA to program the balance of funding from 1
st
year General Fund resources available under TIRCP if there are insufficient PTA funds available to meet their requested administrative funding amount. Small RTPAs are encouraged to combine planning efforts if feasible. Should RTPAs be part of project-specific project management, resources required for those efforts are to be separately identified as part of the funding requested for each project, as appropriate.
1770
September 29, 2023
11 6 Requirements for Funding Allocations
Each RTPA seeking allocation of funding shall complete an Initial Allocation Package by December 31, 2023. Allocation Packages are encouraged to describe the full four-year plan for use of formulaic funds if already known, understanding that each year’s funds are subject to appropriation in the respective budget year. However, Allocation Packages are expected to be updated for future years should there be any change in funding availability or projects selected for funding distribution. Allocation packages will be treated in accordance with Public Records Act requirements and certain information, subject to those requirements, may be publicly disclosed.

Each Allocation Package shall include, as applicable, the following:

A. A signed cover letter, with signature authorizing and approving the request by the eligible RTPA.

This cover letter should also confirm that the RTPA developed the plan in consultation and coordination with its transit operators.

B. An Allocation Package Narrative Explanation, covering most of the requirements for the regional short-term financial plan for immediate service retention required by statue. This narrative explanation is required by December 31, 2023, unless the RTPA declares that none of the STAeligible transit operators eligible to receive funding within their jurisdiction will have an operational funding need for SB 125 or additional discretionary or nonformula state funding between the 2023- 24 fiscal year and the 2026-27 fiscal year, inclusive. It also must declare that it will not use the SB 125 funding as operating funding for any of its STA-eligible transit operators (or its own transit operations, when the RTPA also operates transit service). Such declarations may take the place of the narrative explanation, if applicable. Even if such declarations are made, the regional Allocation Package Narrative Explanation will still be a required submission by December 31, 2024, in order to receive a timely allocation of FY24-25 funding from SB 125 sources.

The Allocation Package Narrative Explanation shall include the following:
i. An explanation of what funding and service actions are being taken within the region that utilize resources other than SB125 funding. This explanation incorporates the requirement to provide a demonstration of how the region will address any operational deficit, using all available funds, through the 2025–26 fiscal year, based on a 2022 service baseline. Each plan shall provide narrative and data describing the funding approach that addresses expected operational deficits of existing STA-eligible transit operators through the 2025-26 fiscal year across all the region’s STA-eligible transit operators, including strategies to use all available local, state, and federal funds to address such deficits, and the impacts such strategies may have on any capital projects. This section shall focus on the approaches the region is taking and plans to take before the use of SB 125 funds to mitigate operational deficits, both in calendar year 2023 and in future fiscal years through the end of FY25-26. When applicable, this should include reference to delay or elimination of lower priority capital projects to increase funding for operations, utilizing historically high State Transit Assistance funding tied to recent high diesel fuel prices, the use of federal transit formula funding made higher through the Infrastructure Investment and Jobs Act (IIJA) for preventative maintenance expenditures within the operating budget, or the use of higher Local Transportation Fund revenues tied to healthy sales and use tax receipts in certain counties. In some cases, strategies involving the use of non-SB 125 funds to increase transit operator funding may allow SB 125 funds to target capital needs. If utilized, such strategies should be described in this section. To the extent that such deficits cannot be fully addressed with available funds and actions, service impacts relative to the December 31, 2022 service baseline shall be described. This section shall be analyzed and reviewed for completeness. It is understood to be a summary of major 1771
September 29, 2023
12 actions taken and planned to be taken across the region based on RTPA and/or transit operator decision-making.
ii. A description and justification of the RTPA strategy to use SB 125 funding to construct capital projects and fund operating expenses that lead to improved outcomes in its jurisdiction. This section shall describe the region’s overall strategy for choosing to spend the expected SB 125 funds on the capital projects and operational expenses described in its Allocation Package. This section addresses the statutory requirements to provide a justification for how the region’s funding is proposed to be allocated to capital and operational expenses and provide a demonstration of how the plan will mitigate service cuts, fare increases, or layoffs relative to a 2022 service baseline to achieve short-term financial sustainability. This section shall highlight the specific manner in which SB 125 funding requested for operations will reduce or eliminate the need for service cuts, fare increases or layoffs. With recent positive results from efforts designed to increase speed of transit services, allowing similar levels of service with lower operating costs or more service with the same operating budget, this section of the Allocation Package would benefit from describing any such efforts that are proposed for the region and transit operators in question. This can include transit-specific infrastructure, stop consolidation, or other efforts. In addition, this description addresses the statutory requirement to provide a summary of how the plan will support ridership improvement strategies that focus on riders, such as coordinating schedules and ease of payment and improving cleanliness and safety, to improve the ridership experience. Since increasing ridership and the associated fare revenues is one approach to strengthening the financial performance of each region’s transit operators, this section shall highlight any portion of the capital projects or any portion of operating funds that are specifically focused on supporting improvement in ridership. This section should also describe any efforts to integrate fares among transit agencies in the region or even outside of the region covered by the RTPA. This section shall be analyzed and reviewed for completeness. iii. A detailed breakdown and justification for how the funding is proposed to be distributed between transit operators and among projects, consistent with the legislative intent described in SB 125. This section shall include a narrative (and appropriate data and tables) describing the justification for the funding distribution to each specific operator and project that is requested. If requesting spending for transit operations, this section shall address the following items identified in the legislative intent language in SB 125:

1. address operational costs until long-term transit sustainability solutions are identified

2. assist transit operators in preventing service cuts and increasing ridership

3. prioritize the availability of transit for riders who are transit dependent

4. prioritize transit agencies representing a significant percentage of the region’s ridership
If requesting funding for both capital projects and transit operations, the justification for the capital project shall include discussion of the high-priority nature of the capital project and the significance of its completion to the region. In most cases, existing TIRCP-funded capital projects that are already substantially funded and in need of additional resources for completion are expected to be prioritized over beginning new projects. This narrative section should address the approach to this issue. This section shall be analyzed and reviewed for completeness. 1772
September 29, 2023
13 C. An Allocation Package Detailed Project Description, required of all agencies requesting an allocation, regardless of whether they are required to submit a short-term financial plan by the end of 2023. This detailed project description covers all projects that are recommended by the RTPA for SB 125 funding. It does not need to fully utilize all available funds, as this document may be updated on a rolling basis throughout the period covered by SB125 funding as part of an Updated Allocation Package submission. However, for timely distribution of FY23-24 funds, this portion of the Allocation Package must be submitted by December 31, 2023, and for timely distribution of FY24-25 funds, by December 31, 2024.

The detailed project description described above must provide details about how the funding is proposed to be distributed between transit operators and among projects, both capital and operations. This section shall be analyzed and reviewed for project eligibility and completeness.

The list is divided into three sections, covering TIRCP Capital, ZETCP Capital and Operations Funding.

Required contents for each are below.

TIRCP Capital

1. If an agency isrequesting allocationsfor funding for an existing TIRCP project(i.e., a project that has received a previous TIRCP grant, including those involving project development for major projects), they should identify the title of the project and the TIRCP cycle of award (cycles 1-6). They should also identify whether the funds will be used for the full project or for a subcomponent. Each project receiving additional funding shall identify the reason for additional funds being needed, including cost escalation, additional scope requirements or maintaining federal funding commitments. No additional GHG reduction or increased ridership benefits are required to request funds for an existing TIRCP project.

2. If an agency is requesting allocation for funding for new TIRCP-eligible projects, they shall include for each requested TIRCP capital project:
a. A summary or fact sheet (one- to two-page) that includes the following elements:
i. Implementing agency or agencies
ii. Project title
iii. Dates for the start and end of each project phase
iv. Summary of project scope
v. Total project costs, including identification of the amount of funding used for project management as budgeted for the agency or agencies involved (inclusive of RTPA project management)
vi. Identification of the source, type and amount of all funding b. A detailed project schedule, including the project’s current status, and the completion dates of all major delivery milestones.
c. Project Location – provide a map for each of the following:
i. Project location denoting the project site. Provide a KML file for the project with the transit route/project location represented by lines and stops represented by points as applicable.
ii. In addition to showing where housing exists, provide information on housing density and planned/zoned/permitted/etc. housing density. This information may come from planning documents and/orzoning code if other approaches are not readily available.
1773
September 29, 2023
14 iii. In addition to illustrating existing employment centers, provide information on employment density, mix of employment types, and planned future employment land uses. This information may come from planning documents and/or zoning code if other approaches are not readily available. iv. Planned and existing active transportation infrastructure (what currently exists, what is planned, and what would be funded by the project. d. An explanation of greenhouse gas reducing features of the project such as project components that improve air quality and reduce greenhouse gas emissions along a specific corridor, surrounding land use density, housing and employment centers, transit- oriented development/sustainable communities strategy projects, active transportation infrastructure and other features, to the extent available. For all construction projects, agencies are required to submit a copy of the California Air Resources Board (CARB) Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits identified in Attachment 2.
e. An explanation of expected ridership benefits of the project when constructed, including how the project supports better integration of transit services in the region among modes and providers if applicable.
f. If applicable, an explanation of how some or all of the project is expected to provide direct, meaningful, and assured benefits to a disadvantaged community, low-income communities or low-income households as defined by SB 535 and AB 1550.

3. If agencies plan to use this funding for only project development activities for a new project, they are required to show how their project or program of projects will be eligible to apply for TIRCP construction funding in the future. If the project would not be eligible to apply for TIRCP as a new project, it will not qualify for funding for project development. Agencies shall also demonstrate that they have entered into, or have applied to enter into, federal project development processes for at least a portion of the project or program of projects, and that they expect to receive federal funding in the future once complete with project development. If the agency expects to be able to leverage state funding to provide the match necessary to obtain federal planning funds, this should also be identified. The required detail for project development only is as follows:
a. A summary or fact sheet (one- to two-page) that includes the following elements:
i. Implementing agency or agencies
ii. Project title
iii. Dates for the start and end of each project development phase, as well as the anticipated date of construction
iv. Summary of overall project scope for the constructed project, with an emphasis on project development scope
v. Total project costs for project development, and an estimate of the fully constructed project cost if available
vi. Identification of the source, type and amount of all funding for the project development phase and intended funding for the construction phase b. A detailed project schedule for the project development phase, including the project’s current status, and the completion dates of all major delivery milestones. c. Description and map designating the project location 1774
September 29, 2023
15 d. An explanation of greenhouse gas reducing features of the project such as project components that improve air quality and reduce greenhouse gas emissions along a specific corridor, surrounding land use density, housing and employment centers, transit- oriented development/sustainable communities strategy projects, active transportation infrastructure and other features, to the extent available. No GHG emissions reduction quantification is required, but can be acknowledged, if available. e. An explanation of expected ridership benefits of the project when constructed, including how the project supports better integration of transit services in the region among modes and providers if applicable.
f. If applicable, an explanation of how some or all of the project is expected to provide direct, meaningful, and assured benefits to a disadvantaged community, low-income communities or low-income households as defined by SB 535 and AB 1550.

ZETCP Capital
If an agency is requesting allocation for funding for ZETCP capital projects, they shall include for each requested ZETCP capital project:
a. A summary or fact sheet (one- to two-page) that includes the following elements:
i. Implementing agency or agencies
ii. Project title
iii. Dates for the start and end of each project phase
iv. Summary of project scope
v. Total project costs, including identification of the amount of funding used for project management as budgeted for the agency or agencies involved (inclusive of RTPA project management)
vi. Identification of the source, type and amount of all funding b. A detailed project schedule, including the project’s current status, and the completion dates of all major delivery milestones.
c. Project Location – provide a map for each of the following, where relevant:
i. Project location denoting the project site. Provide a KML file showing project location(s) and impacted transit lines.
ii. In addition to showing where housing exists, provide information on housing density and planned/zoned/permitted/etc. housing density. This information may come from planning documents and/orzoning code if other approaches are not readily available.
iii. In addition to illustrating existing employment centers, provide information on employment density, mix of employment types, and planned future employment land uses. This information may come from planning documents and/or zoning code if other approaches are not readily available. iv. Planned and existing active transportation infrastructure. d. An explanation of greenhouse gas reducing features of the project. For all construction projects, agencies are required to submit a copy of the California Air Resources Board (CARB) Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits identified in Attachment 2. e. At the time of the Allocation Package submission, applicants are required to submit a job co-benefit modeling tool, which is based upon a co-benefit assessment methodology 1775
September 29, 2023
16 developed by CARB. This tool can be found here:
https://ww2.arb.ca.gov/resources/documents/cci-methodologies f. An explanation of how some or all of the project is expected to provide direct, meaningful, and assured benefits to a disadvantaged community, low-income communities or lowincome households as defined by SB 535 and AB 1550. Agencies must evaluate the criteria detailed by CARB (see Attachment 1) and complete the CARB benefit criteria table in Attachment 3, to determine whether the project meets criteria for providing direct, meaningful, and assured benefits to a disadvantaged community, low-income community, and/or low- income households and address a community need pursuant the CARB’s Funding Guidelines, and document the manner in which all or part of the project does so. If an agency plans to engage in additional efforts to consult with disadvantaged or lowincome stakeholders as part of project development, a specific task and budget for the proposed activities should be included in the project application. i. It is a goal of programs using GGRF resources to maximize benefits to disadvantaged communities and low-income communities and households. Pursuant to the requirements of SB 535, as amended by AB 1550, the overall California Climate Investments Program funded with Cap-and-Trade auction proceeds must result in:
(1) a minimum of 25% of the available moneys in the GGRF to projects located within, and benefiting individuals living in, disadvantaged communities, (2) an additional minimum of 5% to projects that benefit low-income households or to projects located within, and benefiting individuals living in, low- income communities located anywhere in the state, and (3) an additional minimum of 5% either to projects that benefit low-income households that are outside of, but within a 1/2 mile of, disadvantaged communities, or to projects located within the boundaries of, and benefiting individuals living in, low-income communities that are outside of, but within a 1/2 mile of, disadvantaged communities. ii. Information on California Climate Investments to Benefit Disadvantaged Communities with background on SB 535, AB 1550 and the CalEPA California Communities Environmental Health Screening Tool 4.0 (CalEnviroScreen), can be found at: https://calepa.ca.gov/EnvJustice/GHGInvest/
g. Identification of whether the entire project, or only certain components, address AB 1550 benefits, and identification of the portion of the budget related to those components.
h. An explanation of expected ridership benefits of the project when constructed, if any.

Transit Operations Funding
If an agency is requesting an allocation of funding for transit operations for one or more of the STAeligible transit operators in its jurisdiction, it shall include the following information for each operator covered by its request:

1. Name of Transit Operator

2. 2022-23 Ridership for the Operator and Operator’s Percent of Region’s Total Ridership

3. Amount of Funding Requested, by source (TIRCP or ZETCP) and Budget Year

4. List of Specific Activities Funded by the Request, quantified where possible:
a. Amount of service being paid for by the additional funding expressed in both revenue service hours and by nature of service retention, restoration or increase invested in (e.g. preventing a reduction in frequency on one or more routes (or systemwide), frequency increases on particular routes or launch of new routes made possible by the funds). Costs involved in maintaining current 1776
September 29, 2023
17 operations may include those necessary for ensuring safety and state of good repair of the vehicles and infrastructure necessary to operate service and shall be identified with respect to the current service level they are protecting. In some regions, a different STA-eligible operator may be better able to implement increased or restored service levels than the original operator. This flexibility is allowed and should be noted in the project description when utilized.
b. Identification of operating expenses invested in increased safety and security measures
c. Identification of operating expenses that are intended to increase ridership, including those that fund actions to improve coordination of routes and schedules

5. Identification of benefits to transit dependent riders of activities funded by the request D. A summary Excel table including the proposed uses of TIRCP and ZETCP funds by fiscal year of availability, up to the levels presented in Section 3 above. Uses shall be subdivided between funding for capital projects and funding for operations expenses, with each project and its implementing agency specifically identified, and each operator that will receive operations funding also specifically identified. An Excel template to be used in submitting this required information will be available on the CalSTA website within the Subject Area page dedicated to SB125 Funding. This table should contain data that matches the information submitted in the Allocation Package Detailed Project Description. The data table shall indicate the funding year from which funds are encumbered to the project or operating expense by the RTPA. Actual expenditure of funds may be in that year or a future year, as necessary for the project or operation.

E. Agencies must also submit regionally representative transit operator data in coordination with transit operators providing service within the jurisdiction of the regional transportation planning agency. Regionally representative operator data is expected to include all State Transit Assistancereceiving agencies that are also direct reporters to the National Transit Database (NTD), as well as any additional agencies that are expected to receive either operating or capital project funding from the SB 125 funds. Exceptions are noted below. This data collection is aligned with some of the expected data needs for the Transit Transformation Task Force. For agencies to receive an allocation of funds in the 2023-24 fiscal year, the transit operator data must be submitted by December 31, 2023. CalSTA and Caltrans will review the data submissions for completeness, understanding the quality of the data may vary between operators. RTPAs are not required to confirm the data accuracy compiled from their transit operators. If the transit operator data does not meet the following requirements or is incomplete, agencies will have an opportunity to remedy their submission and receive access to the funding after the requirements are met, by no later than April 30, 2024. The regionally representative transit operator data shall include, but is not limited to:
i. Existing fleet and asset management plans by transit operators. Innovative Clean Transit Plan developed for CARB will be considered an already-responsive component of this requirement. Operators that are required to submit Asset Information Module data to the FTA’s National Transit Database (whether on their own or as part of a group plan) should confirm the last time period for which data was submitted, and whether they submitted their data as part of a group plan. If such data is already submitted to the NTD by Caltrans, the most recent submission should be noted and referenced. If the STA-eligible transit operators within an RTPA’s jurisdiction have operator-specific fleet and/or asset management plans developed for their own management purposes, or for compliance with FTA Capital Investment Program requirements, the most recent version of such plans should be submitted.
1777
September 29, 2023
18 ii. Revenue collection methods and annual costs involved in collecting revenue for each transit operator and regional transportation planning agency involved, by payment instrument. The methods (payment instruments) of revenue collection should be noted and described for all operators covered by the data submission requirements, including reference to use of cash fareboxes, transit passes and tickets available for sale at different locations and in different media, use of mobile ticketing and/or use of smart cards or contactless payment. Information on revenue collection costs shall also be submitted for those operators or regional agencies that are able to identify specific costs in their operating or capital budgets associated with such revenue collection costs. Annual cost should be related to annual revenue for each STA-eligible transit operator that has relevant data to report. For operators that have no identifiable expenses and are not NTD reporters, fare revenues shall still be submitted for the most recent fiscal year in question. For regional agencies that have revenue collection costs without collecting fare revenues directly, the revenue collection costs should be reported by payment instrument, along with an indication of which operators are served by such revenue collection efforts.

1. The dataset shall include, for each transit operator or regional transportation planning agency involved in revenue collection (as applicable):
a. Total cost of revenue collection and total revenue collected for the most recent fiscal year
b. Cost of revenue collection by payment instrument (where available, even if only for certain instruments and not all) and total revenue collected by those same payment instruments, for the most recent fiscal year.

2. Planned capital costs related to fare collection in the next 4 years, if any are planned (including those within expected transit vehicle or other procurements).
iii. A statement of existing service plan and planned service changes through the end of 2023-24, and schedule data in General Transit Feed Specification (GTFS) format.

The goal of this data submission is to provide up to date representation of schedules by transit operator. Nearly all transit agencies of the state are providing their data in GTFS format on a regular basis, and are required to start doing so by FTA regulations by 2024. Such data is already visible to the public and to state agencies as indicated below. Compliance with these statutory requirements may be met by each operator confirming that their current schedule data is correct (an accurate representation of the service that the customer will see in operation), and that future service changes will be translated into an updated GTFS format on a timely basis. If a service change is planned during FY 23-24, an estimated date for submission of GTFS data should be indicated.

A brief summary of the existing service plan and changes to the levels of service planned by operator, at a level that is representative of the larger planned changes but does not need to cover minor changes, shall accompany the allocation package.

Major frequency changes, or addition or discontinuance of routes, should be reflected, but not minor routing or scheduling changes. In addition, changes in total amount of revenue service hours planned for this current fiscal year shall be reported, along with the timeframe for such a change.

1. Existing service is assumed to have been described in the agencies most recent GTFS feed / GTFS Realtime feed. A list of agencies and associated
1778
September 29, 2023
19 feeds can be found at https://data.ca.gov/dataset/cal-itp-gtfs-ingestpipeline-dataset/resource/e4ca5bd4-e9ce-40aa-a58a-3a6d78b042bd. If this is in error, please contact [email protected]. More general information specific to reporting in GTFS may be found at https://dot.ca.gov/calitp/california-minimum-general-transit-feed-specification-gtfs-guidelines.

2. For the proposed service plan, the ideal format is a GTFS feed, representing, at a minimum, proposed weekday, Saturday and Sunday service, planned scenario. Otherwise, we will accept frequency or new line-based changes. (i.e., line X goes from every 20 minutes to every 10 minutes during peak periods, defined as 6am-9am and 4pm to 7pm).

3. The phasing plan for any proposed service changes.
iv. Expenditures on security and safety measures. This data should be submitted by those agencies that have current or changed levels of expenditure that are specific to security (including cybersecurity) and safety measures, if applicable to the agency or operators covered by the report. This information is expected to highlight those regions and agencies that are expending significant funding, in order to consider this in the context of the Transit Transformation Task Force and to consider the role such spending may play in restoring and increasing ridership. Not all agencies and operators are expected to have specific data in this area. v. Opportunities for service restructuring, eliminating service redundancies, and improving coordination amongst transit operators, including, but not limited to, consolidation of agencies or reevaluation of network management and governance structure. RTPAs with efforts involving these activities across their region or involving specific operators shall provide a summary of the opportunities they are pursuing or have acted upon, including any reports on such opportunities.

Technical assistance in addressing the required contents of the Initial Allocation Package and any future updates may be requested by emailing the SB 125 e-mail address at [email protected].

Assistance may be provided by CalSTA, Caltrans or CARB, depending on the nature of the specific question.

Applicants are reminded that while initial allocation packages are due by December 31, 2023, they may submit updates to such packages on a rolling basis that CalSTA anticipates reviewing on a 30- to 60-day timeline for approval of additional allocations of funding, up to the limit available for the RTPA at the relevant point in the program.

RTPAs are also required to make publicly available (i.e., posted online) a summary of monthly ridership data, consistent with the data submitted to the FTA’s NTD, from all its transit operators and should cover the time period starting on July 1, 2022, through at least June 30, 2028. The monthly reports should include ridership data for each mode of public transportation service that the agency operates. This information will provide the public with monthly trends in ridership and service supplied throughout the year, and also allow for a comparison of ridership recovery compared to this same time last year.

Caltrans will provide all RTPAs with a summary report each month that meets the requirements of this statutory provision, drawn from the data reported to the National Transit Database. The data will be drawn from the NTD at: Complete Monthly Ridership (with adjustments and estimates) | FTA (dot.gov).

RTPAs are required to post a link to this report and data in a manner easily accessed by the public, so that ridership trends within their region can be easily reviewed, in order to receive approval for their allocation packages. For RTPAs with transit operators who do not report monthly data to the NTD, Caltrans will include the most recent annual ridership numbers provided to the NTD. RTPAs may publish 1779
September 29, 2023
20 additional ridership data for agencies that do not report monthly to the NTD at their discretion, in order to allow public understanding of the changes in ridership experienced over the SB 125 funding time period.

Unrelated to the Allocation Package submissions, agencies are required to submit and receive approval of a one-time, long-term financial plan by June 30, 2026, that addresses the approach to sustain the region’s transit operations absent additional discretionary or nonformula state funding to maintain eligibility for future TIRCP funding in the 2026-27 fiscal year and beyond. This plan will be analyzed and reviewed for completeness.

Each long-term financial plan shall include, but is not limited to:

I. Demonstration of the implementation of ridership retention and recovery strategies, including, but not limited to, policies that prioritize safety and cleanliness and streamlined coordination between transit operators, such as schedule coordination, reduced boarding times, operational management, and site sharing, to improve rider experience.

II. A five-year forecast of operating funding requirements with detail on all sources of funding proposed for operations, including any new local and regional funding sources being pursued and the progress and improvements implemented since the last submitted regional short-term financial plan.

Technical assistance as it relates to the development of long-term financial plans may be offered from CalSTA and/or Caltrans. RTPAs are expected to utilize existing plans and documents that address the requirements of the long-term financial plan where possible, including the use of supplemental materials or addenda that address the long-term plan requirements and reference back to their existing plans as applicable. CalSTA analysis and review for completeness will only extend to content required by the provision of SB 125. Additional guidance will be developed and articulated in future updates to these guidelines, per the legislative intent of SB 125.
7 Approval and Programming
Once an agency’s Initial Allocation Package is received, along with verification that monthly ridership data as required by statute is available on each regional agency’s website, CalSTA will review and analyze the submitted documents for completeness and for project eligibility with a commitment to facilitate these funds to projects in an expeditious manner and not infringe on the local decision-making processes that determined the specific projects proposed for funding. If all projects are eligible and the documentation is complete, CalSTA will notify the RTPA that its package is approved, publish the information on its SB125 Transit Formula Program subject area page, and authorize disbursement of applied-for funds to the RTPA. If Initial Allocation Packages are incomplete, RTPAs will be promptly notified and allowed to address areas of incompleteness. If any projects are found to be ineligible, RTPAs will be provided an opportunity to choose between ether remedying the ineligible project (or replacing it with another) prior to having the entire package approved, or advancing all projects that are eligible and addressing the ineligible project in a future Updated Allocation Package. CalSTA will maintain a Program Allocation Report that will incorporate all approved projects (both capital and operating) that will be updated in any quarter during which additional approvals of Initial Allocation Packages or Updated Allocation Packages have been made.

Agencies are not required to fully apply for all available funding at the time of Initial Allocation Package submission. Unrequested monies, or the request to program interest earned on deposited funds that have not yet been disbursed to implementing agencies, may be requested in a future Updated Allocation Package. If an agency chooses to request previously unrequested funding or reprioritize funding between projects (including the addition or deletion of a project from their approved project list), an Updated Allocation Package shall be submitted for approval, including a Summary of Changes section immediately after the cover letter authorizing submission, and any updates to the project information in the document 1780
September 29, 2023
21 relative to the request. Such documents will be reviewed and analyzed upon receipt for completeness and project eligibility with a commitment to facilitate these funds to projects in an expeditious manner and not infringe on the local decision-making processes that determined the specific projects proposed for funding, with the approved changes included in the quarterly updates to the Program Allocation Report. Notification will be provided to each submitting agency within 30 to 60 days of submission of an Updated Allocation Package regardless of whether the next quarterly Program Allocation Plan has been published. 8 Project Delivery and Reporting
To the extent that recipients specify existing TIRCP projects that already have competitive TIRCP funding awards, CalSTA and Caltrans will work with each project sponsor to update project program supplements to reflect the use of these supplemental resources on the project under its delegated authority from CalSTA.

The first year of funding for TIRCP and the ZETCP is already available for distribution once required materials are submitted and is expected to be fully encumbered or expended and liquidated by June 30, 2028. FY23-24 funds for TIRCP and the ZETCP must be disbursed to RTPAs by this deadline. Once received by the RTPA there is no deadline for the expenditure of funds. Agencies may spend SB 125 funds in any order relative to other state, federal and local funds.

As a condition of ongoing disbursement of requested SB 125 funds, the RTPAs must submit to CalSTA an Annual Report documenting the activities and progress made toward implementation of the projects and operating expenditures, which includes total SB 125 expenditures to date and total amount remaining.

Recordkeeping and reporting requirements will apply through the life of the projects.

As previously noted, recipients must deposit funds into a dedicated bank account that will hold only SB 125 funds. If a separate account is not possible, the agency may show documents of a line item or subaccount dedicated to SB 125 funds. These funds must also be spent on eligible projects and will be accounted for when an agency submits its required Annual Report.

A reporting template will be distributed prior to the first annual report being due by December 31, 2024.

A final delivery report for completed capital projects may also be required, to provide notification of the completion of the project and confirmation of its placement into service. Additional guidance may be developed and articulated in future updates to these guidelines, per the legislative intent of SB 125, and may include the development and distribution of a final delivery report template in the future.

Consistent with CARB’s Funding Guidelines, local agencies are required to report on job co-benefits, in addition to all other reporting requirements, for funding associated with the ZETCP. Job co-benefits refer to California jobs supported, not created, by California Climate Investments. Jobs supported by California Climate Investments include direct, indirect, and induced employment.

At the time of the Allocation Package submission for the ZETCP, agencies are required to submit a job cobenefit modeling tool, which is based upon a co-benefit assessment methodology developed by CARB.

Once an awarded project has been implemented, funding recipients will also be required to report actual (not modeled) jobs data via the semi- annual reporting process. Note that these requirements are only for the ZETCP and are not necessary for the SB 125 TIRCP funding. Projects accessing funding from the ZETCP may also be required to submit reporting information related to greenhouse gas reductions and priority population benefits in accordance with the CARB’s Funding Guidelines (see Attachment 1).

Implementing agencies should note that additional Project Outcome Reporting may be required for TIRCP or ZETCP capital projects. Caltrans may provide assistance through Cal-ITP on scheduling, real-time information and payments to streamline reporting requirements.

The State of California has the right to review project documents and conduct audits during project implementation and over the life of the project. Caltrans or another State agency may audit a sample of SB 1781
September 29, 2023
22 125 projects to evaluate the performance of the project, or compliance with state and federal laws and regulations, contract provisions; and program guidelines, and whether project deliverables (outputs) and outcomes are consistent with the project scope, schedule, and benefits described in the Allocation Package.

A report on the projects audited must be submitted by the auditing agency to CalSTA.

In addition, agencies that receive ZETCP funding under this program shall submit a report to CalSTA, no later than October 31, 2024, and annually by October 31 st of subsequent years, that includes the
following information:
a. How much funding is to be used for operating costs, if any. b. The number, type, date, and location of zero-emission buses, trains or other vehicles purchased, if any.
c. The number, type, date, Open Charge Point Interface (OCPI) data, and location of electric charging stations or hydrogen fueling stations purchased and installed, if any. d. The nameplate capacity of installed equipment in kilowatts for electric charging stations and kilograms per day for hydrogen fueling stations, if any. e. The total costs and the source of funding for vehicles and equipment purchased using these funds.

Additional guidance related to the ZETCP annual report will be provided at least six months before its required submission.
9 ProjectAdministration
Projects awarded funding from SB 125 are expected to document and publicize the TIRCP and ZETCP in proper context when developing press releases and board documents, or in hosting public events such as project groundbreakings. References should be made to TIRCP, ZETCP, the California State Transportation Agency as the program sponsor, and the state programs as fund sources, as applicable, in order to ensure transparency regarding the funding of the projects. Additional details may be provided.

Agencies must encumber and expend monies consistent with State law and ensure that GGRF monies are utilized consistent with the expenditure record submitted by CalSTA and required by SB 1018. A determination that use of GGRF monies is not consistent with the expenditure record and does not further the purposes of AB 32 may occur during legal proceedings or during an audit or program review conducted by the Bureau of State Audits, Department of Finance, a third-party auditor, or CARB.

Depending on the outcome of those proceedings or review, agencies may be required to return monies to the state if expenditures are not consistent with the statutory requirements (such as not furthering the purposes of AB 32).

If a short-term financial plan does not meet the content and completeness requirements outlined in section 6, or if specific projects described do not meet eligibility requirements, agencies will have an opportunity to remedy their plan and receive access to the funding after the requirements are met.

Audits and on-site monitoring can take place at any time at the discretion of CalSTA, without prior warning given to the agency. CalSTA has the right to audit the project records, including technical and financial data of the Project Applicant, the Implementing Agency, and any consultant or sub-consultants at any time after award, during the course of the project and for three years from the date of the final closeout of the project, therefore all project records shall be maintained and made available at the time of request.

The state may terminate the disbursement of funds if it learns of or otherwise discovers that there are allegations supported by reasonable evidence that a violation of any state or federal law or policy by the recipient which affects performance of this funding, or any other grant agreement or contract entered into with the State. If funding disbursement is terminated, or project approval revoked, the 1782
September 29, 2023
23 agency may be required to fully or partially repay funds from the TIRCP or ZETCP.

Attachment 1: CCI Funding Guidelines for Administering Agencies (applies to ZETCP Recipients Using GGRF Funds)
Investments to Benefit Disadvantaged Communities and Low-Income Communities and Households The California Air Resources Board (CARB) released the "Funding Guidelines for Agencies Administering California Climate Investments" (Funding Guidelines) on August 30, 2018.

The 2018 Funding Guidelines provide flexibility in implementing a diverse set of investments while maintaining transparency of outcomes and ensuring meaningful community benefits from these investments. These guidelines align with the Legislature’s priorities found in AB 398 and Fiscal Year (FY) 2017-18 appropriations. These guidelines reflect the increasingly important role of California Climate Investments in facilitating the reduction of greenhouse gases while also reducing air pollution, helping communities adapt to the impacts of climate change, and providing meaningful benefits to disadvantaged communities, low-income communities, and low-income households (also referred to as “priority populations”), among other statutory requirements.

CARB collaborates with agencies that administer California Climate Investments programs to develop individual targets for each program to drive investments that achieve direct and meaningful benefits to priority populations and help ensure that statutory requirements are met, which are described in AB 1550.

Additional information can be found at the following CARB websites:
https://ww2.arb.ca.gov/resources/documents/cci-funding-guidelines-administering-agencies 1783
September 29, 2023
24 Attachment 2: Quantification Methodology and Co-Benefit Assessment Methodology CCI Quantification and Reporting Materials
Administering agencies using ZETCP GGRF funding for capital expenditures must use the Funding Guidelines with the resources provided by CARB to develop effective programs and demonstrate compliance with program requirements.

Resources include Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits; Benefit Criteria Tables (BCTs) for determining benefits to priority populations; and Reporting Templates for reporting outcomes.

CARB staff developed the TIRCP QM and associated Calculator Tool to provide guidance for estimating the GHG emission reductions and selected co-benefits for each proposed project type. The calculator tool automates methods described in the QM document, outlines documentation requirements, and provides a link to a step-by-step user guide with project examples. Projects will report the total project GHG emission reductions and co-benefit estimated using the TIRCP Calculator tool as well as the total project GHG emission reductions per dollar of GGRF funds.

The TIRCP Calculator Tool will be used for most ZETCP capital projects, and also for developing quantification estimates for new TIRCP capital projects using SB 125 funds.

Using many of the same inputs required to estimate GHG emission reductions, the TIRCP Calculator Tool will estimate the following co-benefits and key variables from TIRCP projects • ROG emission reductions (lbs),
• NOx emission reductions (lbs),
• PM2.5 emission reductions (lbs),
• Diesel PM emission reductions (lbs),
• Passenger VMT reductions (miles),
• Fossil fuel use reductions (gallons),
• Fossil fuel energy use reductions (kWh),
• Passenger travel cost savings ($), and
• Energy and fuel cost savings ($).

While many ZETCP and TIRCP projects will use the TIRCP calculator tool, there are some project types that may not be covered by a single tool. CARB staff have developed the ZETCP QM by compiling the calculator tools from TIRCP, LCTOP, the Affordable Housing and Sustainable Communities (AHSC) program, the Low-Income Weatherization Program (LIWP), and the Low Carbon Fuel Production (LCFP) Program. The LIWP calculator can be used to calculate the benefits from solar panel and microgrid installations. The LCFP calculator can be used to calculate the benefits from alternative fuel generation in either a new facility or an expanded, existing facility.

All CARB co-benefit assessment methodologies are available at:
https://ww2.arb.ca.gov/resources/documents/cci-methodologies Reporting templates are developed specifically for each program within California Climate Investments. These templates are used by TIRCP staff to report on outcomes from all projects funded by TIRCP, and are expected to also be used to report on outcomes for ZETCP GGRF-funded projects. Additional quantification tools will be identified by CARB for ZETCP project types that are not covered by current quantification tools, generally 1784
September 29, 2023
25 utilizing select tools used by existing GGRF programs.

Additional information can be found at the following CARB website:
https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reporting-materials Co-benefit Assessment Methodology
California Climate Investments support the State's climate change goals and provide many additional benefits to individuals, households, businesses, and communities. These "co-benefits" include social, economic, and environmental benefits. CARB provides guidance on quantification methods and reporting to administering agencies. CARB contracted with the University of California, Berkeley (UC Berkeley) to help research and develop methods for evaluating project co-benefits. Guidance on using the co-benefit assessment methodologies is contained in CARB's Funding Guidelines.

The co-benefits were prioritized based on administering agency input and broad applicability to California Climate Investments programs. UC Berkeley first reviewed the scientific data to determine if methods could be developed and summarized the findings in literature reviews.

Next, UC Berkeley and CARB developed Co-benefit Assessment Methodologies where feasible.

CARB solicited public comment on draft versions in Spring 2018 prior to posting final Co-benefit Assessment Methodologies. CARB may review and update assessment methodologies periodically based on new or evolving project types; new legislation; available resources; new scientific developments or tools, or modifications in the analytical tools or approaches upon which the methodologies were based; or input from administering agencies or the public.

The California Air Resources Board is updating the Co-benefit assessment methodology. See the following website for the final methodology.
https://ww2.arb.ca.gov/resources/documents/cci-methodologies 1785
26 Attachment 3: Benefit Criteria Tables
CCI Benefit Criteria Tables
ZETCP will use the Sustainable Transportation Benefit Criteria Table developed by CARB to ensure that programs meet the minimum levels of investments to projects that benefit residents of disadvantaged communities, low-income communities, and low-income households, collectively referred to as “priority populations”.

All projects counting toward the statutory investment minimums must be located within an identified community and benefit individuals living within that community, or directly benefit residents of lowincome households anywhere in the State. Administering agencies must determine if a project meets the criteria for providing direct, meaningful, and assured benefits to priority populations using the following evaluation approach:

Step 1: Identify the Priority Population(s). Be located within a census tract identified as a disadvantaged community or low-income community, or directly benefit residents of a low-income household.

Step 2: Address a Need. Meaningfully address an important community or household need for the disadvantaged community, low-income community, or low-income household.

Step 3: Provide a Benefit. Using the evaluation criteria, identify at least one direct, meaningful, and assured benefit that the project provides to priority populations. The benefit provided must directly address the identified need.

Only investments that meet these criteria will be counted toward achieving the statutory investment minimums identified for priority populations. Administering agencies can fund projects that otherwise provide meaningful benefits, but do not meet these criteria; however, those projects will not be counted toward investment minimum.
1786
(updated 10-__-2024) 1
SB 125 PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
TCAG Agreement No.__________________
This Program Supplement (“Program Supplement”) is made and entered into on ________________, by and between the ____________________________ (the “SPONSOR”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Regional Transportation Planning Agency for Tulare County (“TCAG”). The SPONSOR and TCAG are each a “Party” and together are the “Parties” to this Program Supplement.

This Program Supplement herby incorporates the “SB 125 Cooperative Agreement” for SB 125 Program funding that was entered into between the SPONSOR and TCAG on __________, 2024 and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority of TCAG Resolution No. _______________, dated _________________.

The purpose of this Program Supplement is to document TCAG’s approval of funding from the SB 125 Program for SPONSOR’S proposed project identified as ________________________ (the “Project”). The scope of said Project, including its costs and schedule, are shown on the attached Attachment “A.”
Covenants of SPONSOR

1.1 By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phase(s) of the Project with written “Authorization to Proceed” or other TCAG approval and will not proceed with future phase(s) of the Project(s) prior to receiving a written “Authorization to Proceed” or other TCAG approval.

1.2 SPONSOR will advertise, award, and administer the Project(s) as necessary and in accordance with SPONSOR standards.

1.3 Contract award information, if any, shall be submitted by SPONSOR to TCAG within 60 days after any Project contract award.

1.4 Failure to submit contract award information in accordance with section 1.3 will cause a delay (without interest or penalties) in TCAG’s processing of invoices for the construction phase of the Project.

1.5 If no costs have been invoiced by SPONSOR for the Project for a six-month period, then SPONSOR agrees to submit to TCAG for each Project phase a written explanation of the absence of Project(s) activity along with target billing dates and target billing amounts. 1787
(updated 10-__-2024) 2
IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

TULARE COUNTY ASSOCIATION OF GOVERNMENTS
By: _____________________________________ Attest:__________________________ TCAG Executive Director TCAG Finance Director
[NAME OF SPONSOR (City or TCRTA)]
By:______________________________________ Attest:_________________________________ Its [Title] [Title]
Jlk/10-21-2024/20241704/2259208.docx
1788
(updated 10-__-2024)
SB 125 PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
TCAG Agreement No.__________________
Attachment A
Project Name______________________________________________________ Project Scope
Project Schedule
Sources and Use of Funds

EXAMPLE
Funding Source ATP MR City/County
PA&ED 25,000 15,000
PS&E 63,000 37,000
ROW 6,000 4,000
Construction 426,000 251,000
Total Funding 520,000 307,000
1789
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.

Agenda Item Wording:

Award Contract for Microtransit Software and Vehicles - Authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project.

Deadline for Action: 9/16/2024
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected] (559) 713-4591 John Lollis, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 (formerly Creative Bus Sales) in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project.

Background Discussion:

Over the past several years, similar to transit agencies nationwide, Visalia Transit ridership numbers have been slow to return to pre-pandemic levels. In 2022, staff began brainstorming different ideas to make adjustments to combat the low ridership levels on large buses assigned to fix routes. At the time, Visalia Transit staff began discussing a three-year microtransit pilot project with the Tulare County Association of Governments (TCAG) and the Tulare County Regional Transit Agency (TCRTA), who at the time was the local Transit Agency for the County of Tulare and the other seven (7) incorporated Cities
The plan behind the pilot project is to offer smaller vehicles in more flexible service areas in an effort to reduce the costs of the large 35’ buses. In April 2023, staff approached Council with the plan to participate in a three-year microtransit pilot, at which point Council gave its authorization. The data collected from this pilot program will be used to reimagine the entire Visalia Transit system and strategically replace low performing fixed routes with on-demand microtransit service. This service is more flexible and is used with smaller vehicles rather than larger buses that drive in a designated route whether or not there are any passengers onboard.

In August 2023, in participation with the TCRTA, a Request for Proposals (RFP) for microtransit software was released to the public. At the end of that procurement process, Via was selected as the microtransit vendor for the region. Via offers a cloud-based software that passengers will use to book trips using a mobile application. This same application can also collect electronic fares. The flat fare Visalia City Council Printed on 9/13/2024 Page 1 of 5
powered by Legistar™
1790
File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.
for the trips within the Visalia zone is proposed to be $5 throughout the course of the pilot phase, but could be modified by Council action. The passenger will set up a profile on the Via app that will be specific to Visalia Transit, and then be able to request a ride on demand. The rider should be able to get picked up within fifteen (15) to twenty (20) minutes to be taken to their destination. Other passengers can and will share the same vehicles when trip patterns align.

Initially, Visalia Transit and the TCRTA had planned to operate the pilot as partners under a single contract. Since that time, Visalia Transit staff determined having a separate contract specifically for Visalia to contract directly with Via would be more advantqeous. Visalia Transit staff, with Council approval, will use the City of Visalia’s Transit Operations and Maintenance Agreement to employ the drivers and perform this program. Visalia Transit will implement microtransit in the Visalia zone initially, and if the microtransit system can be successfully intermingled with the other microtransit systems within the region, the format may vary.

TCAG has agreed to fund this project directly to Visalia with State Senate Bill 125 funds, Measure R, and other funding as outlined in the fiscal impact section below. The TCAG Board of Governors approved this funding request at its August 2024 meeting. The project could be operational for up to three years, depending on the State funding through TCAG available in the third year.

Upon approval by Council, staff will still need to further address some additional items, including fare and fare collection. With this program, passengers will be able to book and pay for their microtransit ride through the mobile application. With that said, staff will need to determine other ways to pay (farebox, tickets etc.) Additionally, this immediate implementation will be to cover only pickups and drop-offs within the Visalia city limits zone. To connect to other zones outside of Visalia, agreements will need to be put in place with other Transit agencies for those jurisdictions to sort out fare, and data collection.

Fiscal Impact:

The three-year pilot program is estimated to cost $4.18 million, which includes all start-up costs as shown in the table below. The operations cost estimate was not calculated using the new transit provider pricing due to these costs being received after discussions had occurred.

Year 1 Year 2 Year 3
FY 24/25 FY 25/26 FY 26/27 Total
Software Start Up Cost $60,000 0 0 $60,000
Annual Software and
Licensing Cost
$19,200 $19,200 $19,200 $57,600
Annual Wifi/Technology
Cost
$5,810 $5,810 $5,810 $17,430
Vehicles & Equipment
Start Up Cost
$877,670 - - $877,670
Annual Operations Cost $1,058,570 $1,058,570 $1,058,570 $3,175,710 Annual Total $2,021,250 $1,083,580 $1,083,580 $4,188,410 Visalia City Council Printed on 9/13/2024 Page 2 of 5
powered by Legistar™
1791
File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.

Transfer CIP Budget
(VH0316)
$177,670 - - $177,670
Budget Appropriation $1,843,580 $1,083,580 $1,083,580 $4,010,740 2 Yr Appropriation
Request
$1,843,580 $1,083,580 = $2,927,160
Staff is requesting for the first two years to be appropriated ($2.9 million) as the City operates on a two-year budget only. At the time these funding estimates were provided to funders, not all costs were accounted for. The hours and miles costs for the microtransit were calculated using estimates.

Additionally, staff did not have the IT costs that will be associated with this program. Staff has since received both of those updated cost calculations and are included in the cost shown above. Staff intends to recalculate costs for the third year and provide an additional funding request to TCAG for additional SB 125 monies to fund the entire three-year pilot program, to which TCAG has committed.

Following that additional funding request and approval, staff will return to Council and request additional funding to be appropriated for the third year of the pilot program year.

A breakdown of the vehicle purchase and equipment needed is as follows:

Vehicle Type Cost per unit Number of
units
Total Cost
Class D Van (6 pass) $88,628.26 5 $443,141.30
Class P Van (8 pass) $179,637.95 2 $359,275.90
Model 1 Contract Total $802,417.20
Technology (iPad mini
tablets for payments)
$750 7 $ 5,250.00
Cradlepoint (router) and
network technology
$10,000 7 $ 70,000.00
Total Vehicle & Equipment Cost $877,667. 20
These seven (7) ADA accessible vans (5 smaller, and 2 larger) will be purchased from Model 1, a commercial vehicle vendor, by using $700,000 in advanced Measure R operations funding from TCAG from Visalia Transit’s Measure R future entitlement (scheduled to be approved at the TCAG Board meeting on September 16, 2024) and a transfer of funds from the Visalia Transit Dial-A-Ride (DAR) CIP VH0316 that is currently budgeted. The two (2) larger vehicles will support both microtransit and paratransit services, and by leveraging these funds, Visalia Transit is able to purchase the two (2) larger vans for the paratransit fleet. The existing VH0316 for the purchase/replacement of Dial-A-Ride vehicles is funded by grant 5339. This purchase meets the grant requirements as long as there is a twenty percent (20%) match. With this funding plan, the SB 125 funding provided through TCAG covers almost fifty percent (50%) of the purchase. Model 1 was selected as Visalia Transit’s vehicle vendor through the California Association for Coordinated Transportation (CalACT). CalACT is a professional transit organization of which Visalia Transit is a Visalia City Council Printed on 9/13/2024 Page 3 of 5
powered by Legistar™
1792
File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.
member. Staff is utilizing the purchasing cooperative options that CalACT has in place with Model 1.

The price is based on a competitive bidding process conducted by CalACT.

The ongoing cellular costs associated with these vehicles will be $40 per month per vehicle, and a flat $350 per vehicle per year fee to include wi-fi service on the vehicles. The total cost is $5,810 per year, or $17,430 over the course of the three-year pilot program. Additionally, staff is requesting $75,253 more in vehicle funding to be used to equip the vehicles with iPads, cradlepoint, and wi-fi technology. The iPads will be used to receive payment for ridership. These costs are shown in the table above. At this time, Model 1 is still working on the quote for those components. Once that quote is received by the City, the IT Division will decide if we want to purchase those components internally or through the Model 1. If the IT department decides to purchase from Model 1 following receipt of the quote, staff will go to the City’s Change Order Committee to add the additional funds to the Model 1 purchase order for the technology purchase.

The breakdown of the vehicle cost and funding per vehicle type is as follows:

Vehicle Cost/Funding $ Amount
(5) Class D Van (6 passenger) $443,141.30
Technology $ 3,750.00
Cradlepoint (router) $ 50,000.00
Class D Van Total Cost $496,891.30
TCAG Funding (New Appropriation) $496,891.30
(2) Class P Van (8 passenger) $359,275.90
Technology $ 1,500.00
Cradlepoint (router) $ 20,000.00
Class P Total Cost $380,775.90
TCAG Funding (New Appropriation) $203,108.70
CIP VH0316 Transfer $177,667.20
Class P Total Funding $380,775.90
Prior Council Action:

April 17, 2023 Micro transit pilot approval
Other:

N/A
Alternatives:

Council to instruct staff to not implement microtransit.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project.

Visalia City Council Printed on 9/13/2024 Page 4 of 5
powered by Legistar™
1793
File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

RFP for microtransit software services
Via Proposal with Pricing
TCAG Funding request approval
23-0117 microtransit council item April 2023
Class D (smaller van) Model 1 quote
Class P (larger van) Model 1 quote
CalACT LoA and Contract for vehicle purchase
Visalia City Council Printed on 9/13/2024 Page 5 of 5
powered by Legistar™
1794
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0498 Agenda Date: 11/18/2024 Agenda #: 25.

Agenda Item Wording:

Accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consists of months July, August, and September of 2024.

Deadline for Action: 11/18/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jason Montgomery, x4425
Department Recommendation:

Staff recommends that Council accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consists of months July, August, and September of 2024.

Background Discussion:

The City accumulates significant cash assets before they are spent on a variety of governmental operations.

For example, several large capital projects have accumulated substantial cash as they approach the start of the projects in the near future, or in some cases, have already begun. Some of these projects are the Eastside Park-Basin G, cape seal of various streets, Shirk Street improvements, and the major rehab of Caldwell Avenue from Santa Fe to Lovers Lane. Some examples of large projects that cash has been accumulated for that have not started are the Civic Center Phase 2 project, and any potential mandated upgrades to the Water Reclamation Facility.

The quarterly investment report is intended to inform the City Council and community about the status of City investments and holds staff accountable for the investment and management of these funds.

City Investment Policy
The City’s investments are diversified by the various maturities and credit types which are allowed under the City’s Investment Policy and California Government Code Section 53600 et seq. It is the policy of the City to invest public funds in a manner which will provide the greatest security with the maximum investment return while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds.

The City continues to be conservative and prudent with the investment objectives, which in order of priority is safety, liquidity, and yield, while maintaining compliance with federal, state, and local laws and regulations.

These investments will enable the City to meet expenditure requirements for the next six months, as required by state law.

Economic Outlook
At September 30, 2024, the national unemployment rate was at 4.1%. The Consumer Price Index was at

2.44%, a decrease from the June 2024 rate of 2.97%. At its November 7, 2024 meeting, the Federal Open Market Committee (FOMC) lowered the Federal Funds Rate (the rate at which institutions borrow and lend overnight funds to each other) by .25% to the range of 4.50% to 4.75% as inflation has been lower and there Visalia City Council Page 1 of 4 Printed on 11/12/2024
powered by Legistar™1795
File #: 24-0498 Agenda Date: 11/18/2024 Agenda #: 25.
has been a cooling in the labor market. The FOMC also indicated that there may be more rate cuts coming over the next year but at a gradual pace.

Movements of the Federal Funds Rate are closely linked to Treasury Security rates; as the Federal Funds Rate decreases, typically so do Treasury Security rates. Treasury Securities are investments that the City can purchase and are key benchmarks for other financial assets that the City can purchase (i.e.: Federal Agency’s). Table I shows the rate comparison of the Federal Funds Rate and short term Treasury Securities between the fourth quarter of last fiscal year and the first quarter of fiscal year 2024-25 as well as recent rates.

Since June, rates have fallen across all maturity levels, however, have since inched up slightly. The City remains laddered across all maturities.

June 2024
(4th Quarter-FY23/24)
September 2024
(1st Quarter-FY24/25) November 7, 2024
Federal Funds Rate 5.25% - 5.50% 4.75% - 5.00% 4.50% - 4.75% 6 month Treasury 5.31% 4.40% 4.41%
1 year Treasury 5.11% 3.99% 4.26%
2 year Treasury 4.74% 3.63% 4.22%
3 year Treasury 4.55% 3.55% 4.19%
4 year Treasury 4.46% 3.55% 4.19%
5 year Treasury 4.37% 3.55% 4.20%
Table I
Portfolio Performance
The September 30, 2024 investment portfolio managed balance was $591,942,149.

The earnings rate as of September 30, 2024 was 3.78%. Key benchmarks and performance statistics for the City’s portfolio are shown in Table II, Managed Portfolio Performance Statistics.

Table II: Managed Portfolio Performance Statistics (dollars in millions) Quarter Ending Portfolio Balance
City Monthly
Portfolio Rate

LAIF & CAMP
Balance LAIF Rate
2 YR
Treasury
Weighted Average
Maturity (WAM)
June 2024 $589.2 3.75% $86.2 4.36% 4.74% 647 Days
September 2024 $591.9 3.78% $79.8 4.56% 3.63% 620 Days
Fiscal Year Average
2024/2025 $589.4 3.77% 4.54%
The following Charts I and II show the portfolio ladder and distribution as of September 30, 2024. The portfolio ladder (Chart I - Maturity Ladder) shows our investments based on when they are to mature (ie. 1 year and under, 1-2 years, 2-3 years, etc…). The City invests in different maturity dates to take advantage of different earnings rates (usually the longer the maturity, the higher the earning rate) as well as to spread out maturities so that the proceeds are reinvested at regular intervals. In addition, the City will keep funds needed for operating costs in short term maturities, while investing funds in longer term maturities for those funds that are not yet needed (future projects). Chart II - Maturity Distribution shows what percent each maturity level is of the total investment portfolio.

Visalia City Council Page 2 of 4 Printed on 11/12/2024
powered by Legistar™1796
File #: 24-0498 Agenda Date: 11/18/2024 Agenda #: 25.

Chart I
Maturity Ladder
· Note: Percent above each bar represents the average interest earnings rate for that maturity level Chart II
Maturity Distribution
Visalia City Council Page 3 of 4 Printed on 11/12/2024
powered by Legistar™1797
File #: 24-0498 Agenda Date: 11/18/2024 Agenda #: 25.

Table III: 1st Quarter Investment Activity, shows investment activity for the quarter (July 2024 - August 2024).

Table III: 1st Quarter Investment Activity

TYPE YIELD COUPON AMOUNT MATURITY DATE

PURCHASE
DATE
Maturities
Federal National Mortgage Assn. Agency 1.68% 1.75% 2,000,000 07/02/2024 12/11/2019 American Honda Finance Corp. Corporate 0.71% 0.55% 2,500,000 07/12/2024 03/24/2021 Santa Clara County Muni 2.73% 2.00% 6,535,000 08/01/2024 04/29/2022 Federal Home Loan Mortgage Corp. Agency 4.52% 4.38% 2,000,000 02/09/2029 (Fully Called 08/09/2024)02/09/2024 Federal Home Loan Bank Agency 1.45% 1.50% 2,000,000 08/15/2024 09/06/2019 Federal Home Loan Bank Agency 5.30% 5.30% 2,000,000 11/18/2024 (Fully Called 08/19/2024)05/18/2023 Federal Home Loan Bank Agency 5.47% 5.50% 2,000,000 08/26/2024 10/13/2023 Southern CA Public Power Authority Muni 5.10% 4.11% 2,000,000 07/01/2027 (Fully Called 08/30/2024)10/10/2023 City of Berkeley Muni 1.95% 3.50% 800,000 09/01/2024 04/16/2020 Federal Home Loan Bank Agency 4.00% 3.50% 2,000,000 09/13/2024 09/21/2022 Toyota Motor Credit Corporate 1.04% 0.63% 3,000,000 09/13/2024 12/03/2021 Federal Home Loan Bank Agency 1.64% 2.88% 2,000,000 09/13/2024 10/25/2019 Federal Farm Credit Agency 5.41% 4.25% 2,000,000 09/26/2024 05/08/2024 $ 30,835,000
Purchases
Federal Home Loan Bank Agency 5.17% 5.00% 2,000,000 02/26/2025 07/24/2024 University of California Revenue Muni 4.35% 3.35% 2,000,000 07/01/2029 07/24/2024 Federal Farm Credit Agency 4.43% 4.63% 3,000,000 07/10/2026 07/30/2024 La Quinta Redevelopment Agency Muni 4.00% 1.73% 2,000,000 09/01/2027 08/16/2024 University of California Revenue Muni 3.93% 3.35% 2,000,000 07/01/2029 08/16/2024 Federal Home Loan Bank Agency 4.93% 5.00% 2,000,000 02/28/2025 08/27/2024 Federal Home Loan Bank Agency 4.08% 4.50% 2,000,000 12/12/2025 08/27/2024 Federal Farm Credit Agency 4.08% 4.13% 3,000,000 02/23/2026 08/27/2024 Federal Home Loan Bank Agency 4.50% 5.20% 3,000,000 04/25/2025 09/12/2024 CA ST Muni 3.63% 5.13% 3,000,000 09/01/2029 09/12/2024
Federal Home Loan Mortgage Corp. Agency 3.94% 0.38% 2,000,000 09/23/2025 09/17/2024 Federal Farm Credit Agency 3.43% 3.50% 2,000,000 09/10/2029 09/17/2024 Riverside County Pension Obligation Muni 3.77% 3.12% 1,000,000 02/15/2029 09/25/2024 San Jose CA Financing Authority Muni 3.75% 3.88% 500,000 05/01/2029 09/25/2024 $ 29,500,000
Fiscal Impact:
n/a
Prior Council Action: City of Visalia Cash and Investment Reports are reviewed and accepted quarterly.

Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):

Move to accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consist of months July, August, and September of 2024.

Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: Attachment #1, City of Visalia Cash and Investment Summary Attachment #2, City of Visalia Investment Report by Maturity Date Visalia City Council Page 4 of 4 Printed on 11/12/2024
powered by Legistar™1798
Attachment #1
% of
Security Investments Par Value Book Value Market Value Portfolio Yield Medium-Term Corporate Bonds $ 83,700,000 $ 80,509,842 $ 82,226,582 13.89% Agency's 214,976,000 211,120,055 214,904,475 36.30%
U.S. Treasury's 47,000,000 44,323,120 45,412,890 7.67%
Municipal Bonds 174,835,000 165,381,761 169,364,074 28.61% Total Security Investments $ 520,511,000 $ 501,334,778 $ 511,908,021 86.48% Other Investments
Local Agency Investment Fund (LAIF) $ 6,856,949 $ 6,856,949 $ 6,856,949 1.16% Local Agency Investment Fund (LAIF) - COVID 23,987,447 23,987,447 23,987,447 4.05% California Asset Management Program (CAMP) 48,995,818 48,995,818 48,995,818 8.28% Local Bonds 193,914 193,914 193,914 0.03%
Total Other Investments $ 80,034,128 $ 80,034,128 $ 80,034,128 13.52% Total Investments $ 600,545,128 $ 581,368,906 $ 591,942,149 100.0% 3.78% Cash with Fiscal Agents
US Bank 2014 COP (Convention Center Refinancing) $ 3
US Bank 2015 COP (VECC Loan) 15,399
US Bank 2003 East Visalia RDA 297,318
Accel (Workers Comp Excess Liability Deposit) 82,255
Delta Dental (Dental Prefunding) 60,700
Keenan & Associates (Workers Comp Prefunding) 488,346
Total Cash with Fiscal Agents $ 944,021
Cash in Banks and Other Cash
Citizens Business Bank (Sweep and Operating)-estimate $ 3,045,530 Petty Cash - Various City Offices 11,850
Total Cash in Banks and Other Cash $ 3,057,380
Total Cash and Investments $ 595,943,550
City of Visalia
Cash and Investment Summary
Quarter Ended September 30, 2024
1799
Attachment #2
Investments Type Par Value Book Value Market Value Coupon Yield % of
Portfoli
o Maturity
S&P/Moody's
Credit Rating
Days to
Maturity
CA ST Muni $ 3,000,000.00 $ 2,999,340.00 $ 3,000,000.00 5.50% 4.72% 0.51% 10/01/24 AA- 1 Anaheim Housing and Public Improvements Auth. Muni $ 2,500,000.00 $ 2,483,700.00 $ 2,500,000.00 2.94% 4.30% 0.42% 10/01/24 AA- 1 CA ST Muni $ 1,450,000.00 $ 1,434,267.50 $ 1,450,000.00 1.25% 4.00% 0.24% 10/01/24 AA- 1 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,994,980.00 $ 1,999,920.00 4.50% 4.83% 0.34% 10/03/24 AA+ 3 Federal National Mortgage Association Agency $ 3,000,000.00 $ 2,969,070.00 $ 2,996,100.00 1.63% 0.75% 0.51% 10/15/24 AA+ 15 Bank of New York Mellon Corp. Corporate $ 3,000,000.00 $ 2,967,900.00 $ 2,994,450.00 2.10% 0.52% 0.51% 10/24/24 A 24 Bank of New York Mellon Corp. Corporate $ 3,000,000.00 $ 2,967,900.00 $ 2,994,450.00 2.10% 1.93% 0.51% 10/24/24 A 24 U.S. Treasury Treasury $ 2,000,000.00 $ 1,966,140.00 $ 1,990,020.00 0.75% 4.31% 0.34% 11/15/24 Aaa 46 CA State Department Water Muni $ 5,000,000.00 $ 4,898,850.00 $ 4,964,550.00 0.51% 1.59% 0.84% 12/01/24 AAA 62 Santa Clara Valley California Water District Muni $ 3,500,000.00 $ 3,482,010.00 $ 3,496,150.00 4.25% 4.25% 0.59% 12/01/24 Aa1 62 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,976,320.00 $ 1,992,400.00 2.75% 1.48% 0.34% 12/13/24 AA+ 74 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,992,740.00 $ 1,999,640.00 4.63% 4.83% 0.34% 12/13/24 AA+ 74 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,995,800.00 $ 2,000,600.00 5.00% 5.24% 0.34% 12/13/24 AA+ 74 State Street Corp. Corporate $ 3,000,000.00 $ 2,969,370.00 $ 2,989,680.00 3.30% 0.64% 0.51% 12/16/24 A 77 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,989,590.00 $ 3,000,000.00 4.65% 4.25% 0.51% 01/06/25 AA+ 98 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,962,680.00 $ 1,983,860.00 1.63% 0.36% 0.34% 01/07/25 AA+ 99 U.S. Treasury Treasury $ 2,000,000.00 $ 1,955,200.00 $ 1,979,200.00 1.38% 0.52% 0.33% 01/31/25 Aaa 123 Federal Home Loan Mortgage Corporation Agency $ 3,000,000.00 $ 2,930,970.00 $ 2,965,500.00 1.50% 0.74% 0.50% 02/12/25 AA+ 135 Toyota Motor Credit Corporate $ 5,000,000.00 $ 4,889,000.00 $ 4,946,350.00 1.80% 2.30% 0.84% 02/13/25 A+ 136 U.S. Treasury Treasury $ 2,000,000.00 $ 1,959,120.00 $ 1,981,300.00 2.00% 0.52% 0.33% 02/15/25 Aaa 138 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,995,200.00 $ 3,005,520.00 5.06% 5.29% 0.51% 02/25/25 AA+ 148 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,260.00 $ 2,000,780.00 5.00% 5.24% 0.34% 02/26/25 AA+ 149 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,997,988.00 $ 2,000,780.00 5.00% 5.17% 0.34% 02/26/25 AA+ 149 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,000,722.00 $ 2,002,520.00 5.00% 4.93% 0.34% 02/28/25 AA+ 151 Federal Farm Credit Agency $ 2,000,000.00 $ 1,996,580.00 $ 2,002,800.00 5.00% 5.04% 0.34% 03/10/25 AA+ 161 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,991,800.00 $ 2,000,980.00 4.63% 4.22% 0.34% 03/14/25 AA+ 165 U.S. Treasury Treasury $ 5,000,000.00 $ 4,905,850.00 $ 4,958,150.00 2.63% 2.36% 0.84% 03/31/25 Aaa 182 Bay Area Toll Authority Muni $ 3,000,000.00 $ 2,925,780.00 $ 2,966,820.00 2.33% 4.70% 0.50% 04/01/25 AA 183 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,998,470.00 $ 3,017,490.00 5.20% 5.22% 0.51% 04/09/25 AA+ 191 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,928,520.00 $ 1,959,560.00 0.63% 0.59% 0.33% 04/22/25 AA+ 204 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,928,520.00 $ 1,959,560.00 0.63% 3.15% 0.33% 04/22/25 AA+ 204 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,928,520.00 $ 1,959,560.00 0.63% 5.23% 0.33% 04/22/25 AA+ 204 Federal Farm Credit Agency $ 5,000,000.00 $ 4,903,100.00 $ 4,959,650.00 2.75% 2.75% 0.84% 04/25/25 AA+ 207 Federal Home Loan Bank Agency $ 3,000,000.00 $ 3,012,576.00 $ 3,018,900.00 5.20% 4.50% 0.51% 04/25/25 AA+ 207 Citigroup Corporate $ 5,000,000.00 $ 4,915,100.00 $ 4,962,100.00 4.00% 4.00% 0.84% 05/13/25 A 225 University of California Revenue Muni $ 2,000,000.00 $ 1,952,800.00 $ 1,977,140.00 2.59% 4.20% 0.33% 05/15/25 AA- 227 University of California Revenue Muni $ 2,140,000.00 $ 2,139,721.80 $ 2,154,102.60 5.79% 5.00% 0.36% 05/15/25 AA- 227 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,990,040.00 $ 2,000,040.00 5.05% 5.05% 0.34% 05/22/25 AA+ 234 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,963,480.00 $ 1,985,900.00 3.40% 5.18% 0.34% 06/06/25 A 249 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,916,120.00 $ 1,952,340.00 0.63% 0.52% 0.33% 06/13/25 AA+ 256 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,992,460.00 $ 2,009,300.00 4.75% 4.97% 0.34% 06/13/25 AA+ 256 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,998,860.00 $ 2,013,340.00 5.13% 4.79% 0.34% 06/13/25 AA+ 256 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,913,280.00 $ 1,948,660.00 0.50% 0.46% 0.33% 06/17/25 AA+ 260 Federal Farm Credit Agency $ 2,000,000.00 $ 1,989,520.00 $ 2,005,440.00 4.63% 4.96% 0.34% 06/20/25 AA+ 263 Federal Farm Credit Agency $ 2,000,000.00 $ 1,997,660.00 $ 2,010,920.00 5.00% 5.07% 0.34% 06/25/25 AA+ 268 Citigroup Corporate $ 3,000,000.00 $ 2,968,320.00 $ 2,984,010.00 4.75% 4.75% 0.50% 06/30/25 A 273 Los Angeles School District Muni $ 3,345,000.00 $ 3,210,229.95 $ 3,266,994.60 1.25% 1.09% 0.55% 07/01/25 Aa2 274 University of California Revenue Muni $ 3,000,000.00 $ 2,937,210.00 $ 2,975,220.00 3.06% 4.70% 0.50% 07/01/25 AA 274 University of California Revenue Muni $ 3,000,000.00 $ 2,937,210.00 $ 2,975,220.00 3.06% 5.10% 0.50% 07/01/25 AA 274 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,905,500.00 $ 1,942,500.00 0.38% 4.88% 0.33% 07/21/25 AA+ 294 JP Morgan Chase Co. Corporate $ 1,450,000.00 $ 1,427,670.00 $ 1,444,504.50 3.90% 1.07% 0.24% 07/15/25 A- 288 Federal Home Loan Mortgage Corporation Agency $ 2,996,000.00 $ 2,854,439.00 $ 2,909,865.00 0.38% 0.46% 0.49% 07/21/25 AA+ 294 Los Angeles Commty College Muni $ 5,000,000.00 $ 4,776,050.00 $ 4,857,550.00 0.77% 0.97% 0.82% 08/01/25 AA+ 305 Pittsburg CA Unified School District Muni $ 4,375,000.00 $ 4,335,187.50 $ 4,357,456.25 4.15% 5.00% 0.74% 08/01/25 A1 305 U.S. Treasury Treasury $ 2,000,000.00 $ 1,958,040.00 $ 1,984,040.00 3.13% 4.38% 0.34% 08/15/25 Aaa 319 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,896,200.00 $ 1,937,300.00 0.38% 5.14% 0.33% 08/25/25 AA+ 329 San Jose Community College District Muni $ 1,250,000.00 $ 1,249,612.50 $ 1,261,425.00 5.00% 4.80% 0.21% 09/01/25 AA+ 336 WalMart Inc. Corporate $ 3,000,000.00 $ 2,956,950.00 $ 2,994,150.00 3.90% 4.11% 0.51% 09/09/25 AA 344 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,956,940.00 $ 1,985,140.00 3.40% 4.27% 0.34% 09/11/25 A 346 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,893,140.00 $ 2,935,380.00 1.75% 1.33% 0.50% 09/12/25 AA+ 347 Los Angeles School District Muni $ 5,000,000.00 $ 4,779,800.00 $ 4,872,000.00 1.54% 1.58% 0.82% 09/15/25 AA- 350 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,890,240.00 $ 1,930,660.00 0.38% 0.44% 0.33% 09/23/25 AA+ 358 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,890,240.00 $ 1,930,660.00 0.38% 0.90% 0.33% 09/23/25 AA+ 358 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,929,620.00 $ 1,930,660.00 0.38% 3.94% 0.33% 09/23/25 AA+ 358 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,892,540.00 $ 1,933,440.00 0.55% 0.55% 0.33% 09/30/25 AA+ 365 CA ST Muni $ 3,000,000.00 $ 3,005,700.00 $ 3,037,290.00 5.50% 4.74% 0.51% 10/01/25 AA- 366 Procter & Gamble Co. Corporate $ 3,000,000.00 $ 2,829,750.00 $ 2,893,350.00 0.55% 0.69% 0.49% 10/29/25 AA- 394 CA State Muni $ 2,000,000.00 $ 1,943,000.00 $ 1,973,940.00 3.00% 0.70% 0.33% 11/01/25 AA- 397 CA State University Muni $ 5,555,000.00 $ 5,247,419.65 $ 5,359,019.60 0.89% 1.63% 0.91% 11/01/25 AA- 397 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,884,500.00 $ 1,924,540.00 0.50% 0.68% 0.33% 11/07/25 AA+ 403 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,884,500.00 $ 1,924,540.00 0.50% 1.13% 0.33% 11/07/25 AA+ 403 U.S. Bancorp Corporate $ 3,000,000.00 $ 2,943,270.00 $ 2,991,150.00 3.95% 0.75% 0.51% 11/17/25 A 413 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,988,400.00 $ 2,014,660.00 4.50% 4.22% 0.34% 12/12/25 AA+ 438 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,010,356.00 $ 2,014,660.00 4.50% 4.08% 0.34% 12/12/25 AA+ 438 Toyota Motor Credit Corporate $ 2,000,000.00 $ 1,874,440.00 $ 1,918,800.00 0.80% 4.85% 0.32% 01/09/26 A+ 466 Federal Farm Credit Agency $ 2,000,000.00 $ 1,971,560.00 $ 2,003,580.00 4.00% 4.00% 0.34% 01/13/26 AA+ 470 John Deere Capital Corp. Corporate $ 3,000,000.00 $ 2,804,460.00 $ 2,875,650.00 0.70% 0.74% 0.49% 01/15/26 A 472 Federal Farm Credit Agency $ 3,000,000.00 $ 3,006,510.00 $ 3,044,610.00 5.00% 5.03% 0.51% 01/29/26 AA+ 486 Federal Farm Credit Agency $ 3,000,000.00 $ 3,001,911.00 $ 3,011,130.00 4.13% 4.08% 0.51% 02/23/26 AA+ 511 Federal Farm Credit Agency $ 2,000,000.00 $ 1,992,920.00 $ 2,022,220.00 4.63% 4.72% 0.34% 03/05/26 AA+ 521 Federal Farm Credit Agency $ 2,000,000.00 $ 1,995,440.00 $ 2,026,900.00 4.75% 4.10% 0.34% 03/09/26 AA+ 525 City of Visalia
Investment Report
By Maturity Date
09/30/2024
1800
City of Visalia
Investment Report
By Maturity Date
09/30/2024 (cont.)
Charles Schwab Corp. Corporate $ 4,000,000.00 $ 3,709,240.00 $ 3,810,360.00 0.90% 1.04% 0.64% 03/11/26 A- 527 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,976,620.00 $ 2,008,980.00 4.13% 4.28% 0.34% 03/13/26 AA+ 529 CA State Muni $ 3,400,000.00 $ 3,261,484.00 $ 3,337,168.00 2.65% 0.97% 0.56% 04/01/26 AA- 548 CA State Muni $ 1,320,000.00 $ 1,266,223.20 $ 1,295,606.40 2.65% 3.18% 0.22% 04/01/26 AA- 548 Bay Area Toll Authority Muni $ 2,405,000.00 $ 2,300,021.75 $ 2,348,290.10 2.43% 4.90% 0.40% 04/01/26 AA 548 Bay Area Toll Authority Muni $ 3,000,000.00 $ 2,869,050.00 $ 2,929,260.00 2.43% 4.69% 0.49% 04/01/26 AA 548 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,908,580.00 $ 1,951,340.00 2.13% 4.19% 0.33% 04/24/26 AA+ 571 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,908,580.00 $ 1,951,340.00 2.13% 4.95% 0.33% 04/24/26 AA+ 571 Federal Farm Credit Agency $ 2,000,000.00 $ 2,000,940.00 $ 2,031,940.00 4.88% 4.96% 0.34% 04/24/26 AA+ 571 Amazon.Com Inc. Corporate $ 3,000,000.00 $ 2,790,960.00 $ 2,868,360.00 1.00% 1.02% 0.48% 05/12/26 AA 589 Federal Farm Credit Agency $ 2,000,000.00 $ 2,007,540.00 $ 2,038,480.00 5.00% 4.77% 0.34% 06/04/26 AA+ 612 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,660.00 $ 2,033,120.00 4.75% 4.42% 0.34% 06/12/26 AA+ 620 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,660.00 $ 2,033,120.00 4.75% 4.50% 0.34% 06/12/26 AA+ 620 John Deere Capital Corp. Corporate $ 1,250,000.00 $ 1,157,837.50 $ 1,191,162.50 1.05% 0.91% 0.20% 06/17/26 A 625 U.S. Treasury Treasury $ 3,000,000.00 $ 2,782,980.00 $ 2,858,100.00 0.88% 1.61% 0.48% 06/30/26 Aaa 638 Federal Farm Credit Agency $ 3,000,000.00 $ 3,010,986.00 $ 3,046,920.00 4.63% 4.43% 0.51% 07/10/26 AA+ 648 U.S. Treasury Treasury $ 2,000,000.00 $ 1,991,400.00 $ 2,027,660.00 4.50% 4.22% 0.34% 07/15/26 Aaa 653 Federal Farm Credit Agency $ 2,000,000.00 $ 1,987,300.00 $ 2,025,800.00 4.50% 4.68% 0.34% 07/27/26 AA+ 665 U.S. Treasury Treasury $ 5,000,000.00 $ 4,599,600.00 $ 4,731,450.00 0.63% 2.58% 0.80% 07/31/26 Aaa 669 Los Angeles Community College District Muni $ 2,000,000.00 $ 1,851,460.00 $ 1,900,440.00 1.17% 2.38% 0.32% 08/01/26 AA+ 670 Fremont Unified School District Muni $ 5,470,000.00 $ 5,017,029.30 $ 5,173,307.20 0.83% 3.30% 0.87% 08/01/26 AA- 670 Upper Santa Clara Valley Joint Powers Authority Muni $ 3,700,000.00 $ 3,425,275.00 $ 3,517,775.00 1.18% 3.43% 0.59% 08/01/26 AA+ 670 San Jose Unified School District Muni $ 2,205,000.00 $ 2,140,305.30 $ 2,187,404.10 3.37% 3.55% 0.37% 08/01/26 AA+ 670 Mountain View School District Muni $ 1,015,000.00 $ 951,755.35 $ 980,550.90 1.79% 4.45% 0.17% 09/01/26 AAA 701 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,823,870.00 $ 2,897,910.00 1.88% 1.12% 0.49% 09/11/26 AA+ 711 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,995,640.00 $ 2,035,300.00 4.63% 4.62% 0.34% 09/11/26 AA+ 711 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,880,860.00 $ 1,929,780.00 1.88% 1.21% 0.33% 09/24/26 AA+ 724 U.S. Treasury Treasury $ 3,000,000.00 $ 2,761,050.00 $ 2,841,810.00 0.88% 3.02% 0.48% 09/30/26 Aaa 730 CA State Muni $ 3,000,000.00 $ 2,834,850.00 $ 2,919,810.00 2.38% 1.05% 0.49% 10/01/26 AA- 731 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,998,000.00 $ 2,040,280.00 4.63% 4.39% 0.34% 11/17/26 AA+ 778 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,998,000.00 $ 2,040,280.00 4.63% 4.01% 0.34% 11/17/26 AA+ 778 Federal Farm Credit Agency $ 3,000,000.00 $ 2,969,520.00 $ 3,034,170.00 4.25% 4.27% 0.51% 11/23/26 AA+ 784 CA State Department Water Muni $ 5,000,000.00 $ 4,556,750.00 $ 4,714,700.00 1.05% 1.68% 0.80% 12/01/26 AAA 792 CA State Department Water Muni $ 1,500,000.00 $ 1,367,025.00 $ 1,414,410.00 1.05% 4.00% 0.24% 12/01/26 AAA 792 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,008,420.00 $ 2,049,640.00 4.88% 4.03% 0.35% 12/11/26 AA+ 802 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,762,340.00 $ 2,844,690.00 1.25% 1.66% 0.48% 12/21/26 AA+ 812 Federal Home Loan Bank Agency $ 5,000,000.00 $ 4,603,900.00 $ 4,741,150.00 1.25% 2.70% 0.80% 12/21/26 AA+ 812 Federal Farm Credit Agency $ 2,000,000.00 $ 1,969,600.00 $ 2,014,380.00 4.13% 4.03% 0.34% 12/22/26 AA+ 813 Federal Farm Credit Agency $ 2,000,000.00 $ 1,961,900.00 $ 2,007,640.00 3.88% 4.07% 0.34% 12/23/26 AA+ 814 U.S. Treasury Treasury $ 2,000,000.00 $ 1,970,940.00 $ 2,016,560.00 4.00% 4.46% 0.34% 01/15/27 Aaa 837 U.S. Treasury Treasury $ 5,000,000.00 $ 4,664,450.00 $ 4,801,750.00 1.88% 2.37% 0.81% 02/28/27 Aaa 881 Federal Home Loan Bank Agency $ 3,000,000.00 $ 2,994,150.00 $ 3,062,280.00 4.50% 4.01% 0.52% 03/12/27 AA+ 893 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,100.00 $ 2,041,520.00 4.50% 4.70% 0.34% 03/12/27 AA+ 893 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,100.00 $ 2,041,520.00 4.50% 4.82% 0.34% 03/12/27 AA+ 893 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,996,100.00 $ 2,041,520.00 4.50% 4.86% 0.34% 03/12/27 AA+ 893 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,005,680.00 $ 2,055,300.00 4.75% 4.80% 0.35% 04/09/27 AA+ 921 Amazon.Com Inc. Corporate $ 5,000,000.00 $ 4,794,700.00 $ 4,936,150.00 3.30% 3.38% 0.83% 04/13/27 AA 925 Federal Farm Credit Agency $ 5,000,000.00 $ 4,773,900.00 $ 4,911,100.00 2.88% 2.88% 0.83% 04/26/27 AA+ 938 San Diego County Water Authority Muni $ 2,570,000.00 $ 2,327,237.80 $ 2,404,337.80 1.17% 4.55% 0.41% 05/01/27 AAA 943 University of California Revenue Muni $ 1,600,000.00 $ 1,503,712.00 $ 1,541,824.00 2.56% 5.00% 0.26% 05/15/27 AA- 957 University of California Revenue Muni $ 2,000,000.00 $ 1,816,240.00 $ 1,872,180.00 1.32% 4.69% 0.32% 05/15/27 AA 957 University of California Revenue Muni $ 2,000,000.00 $ 1,816,240.00 $ 1,872,180.00 1.32% 4.00% 0.32% 05/15/27 AA 957 University of California Revenue Muni $ 2,000,000.00 $ 1,816,380.00 $ 1,871,340.00 1.37% 3.90% 0.32% 05/15/27 AA 957 Torrance CA Joint Powers Authority Muni $ 1,030,000.00 $ 937,207.30 $ 968,292.70 1.71% 4.85% 0.16% 06/01/27 AA 974 Chula Vista Pension Obligation Muni $ 2,660,000.00 $ 2,382,934.40 $ 2,465,740.20 1.16% 4.80% 0.42% 06/01/27 AA 974 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,972,900.00 $ 2,026,500.00 4.13% 4.23% 0.34% 06/11/27 AA+ 984 Federal Home Loan Mortgage Corporation Agency $ 2,000,000.00 $ 1,996,600.00 $ 2,000,960.00 5.20% 5.20% 0.34% 06/11/27 AA+ 984 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,002,300.00 $ 2,051,940.00 4.63% 4.51% 0.35% 06/11/27 AA+ 984 Anaheim CA Public Financing Authority Muni $ 3,000,000.00 $ 2,747,700.00 $ 2,837,460.00 2.09% 5.53% 0.48% 07/01/27 AA 1004 U.S. Treasury Treasury $ 3,000,000.00 $ 2,848,590.00 $ 2,933,100.00 2.75% 4.20% 0.50% 07/31/27 Aaa 1034 U.S. Treasury Treasury $ 2,000,000.00 $ 1,764,060.00 $ 1,829,140.00 0.38% 4.08% 0.31% 07/31/27 Aaa 1034 San Joaquin California Community College Dist. Muni $ 2,500,000.00 $ 2,261,175.00 $ 2,339,675.00 1.43% 4.69% 0.40% 08/01/27 Aa2 1035 San Bernardino CA Community College Dist. Muni $ 1,455,000.00 $ 1,327,498.35 $ 1,368,427.50 1.61% 4.10% 0.23% 08/01/27 AA 1035 San Ramon Valley Unified School District Muni $ 3,445,000.00 $ 3,117,242.70 $ 3,233,304.75 1.44% 4.00% 0.55% 08/01/27 AA+ 1035 Campbell CA Unified High School District Muni $ 1,875,000.00 $ 1,673,043.75 $ 1,739,943.75 1.04% 4.70% 0.29% 08/01/27 AAA 1035 Gavilan CA Community College District Muni $ 2,225,000.00 $ 2,024,950.25 $ 2,089,608.75 1.51% 4.80% 0.35% 08/01/27 AA 1035 U.S. Treasury Treasury $ 3,000,000.00 $ 2,803,020.00 $ 2,891,850.00 2.25% 2.97% 0.49% 08/15/27 Aaa 1049 U.S. Treasury Treasury $ 2,000,000.00 $ 1,868,680.00 $ 1,927,900.00 2.25% 4.20% 0.33% 08/15/27 Aaa 1049 Amazon.Com Inc. Corporate $ 5,000,000.00 $ 4,747,700.00 $ 4,908,400.00 3.15% 4.11% 0.83% 08/22/27 AA 1056 La Quinta Redevelopment Agency Muni $ 2,000,000.00 $ 1,871,040.00 $ 1,865,960.00 1.73% 4.00% 0.32% 09/01/27 AA- 1066 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,992,540.00 $ 2,049,740.00 4.50% 4.71% 0.35% 09/10/27 AA+ 1075 Federal Farm Credit Agency $ 2,000,000.00 $ 1,988,160.00 $ 2,040,440.00 4.38% 3.77% 0.34% 09/15/27 AA+ 1080 Toyota Motor Credit Corporate $ 2,000,000.00 $ 1,975,480.00 $ 2,032,180.00 4.55% 4.70% 0.34% 09/20/27 A+ 1085 Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,770,060.00 $ 1,839,160.00 0.75% 4.40% 0.31% 10/08/27 AA+ 1103 1801
City of Visalia
Investment Report
By Maturity Date
09/30/2024 (cont.)
Federal National Mortgage Association Agency $ 2,000,000.00 $ 1,770,060.00 $ 1,839,160.00 0.75% 4.07% 0.31% 10/08/27 AA+ 1103 CA State University Muni $ 3,000,000.00 $ 2,684,040.00 $ 2,778,060.00 1.36% 4.45% 0.47% 11/01/27 AA- 1127 Federal Farm Credit Agency $ 2,000,000.00 $ 1,992,580.00 $ 2,050,240.00 4.50% 4.38% 0.35% 11/23/27 AA+ 1149 Amazon.Com Inc. Corporate $ 3,000,000.00 $ 2,977,710.00 $ 3,062,610.00 4.55% 4.83% 0.52% 12/01/27 AA 1157 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,982,240.00 $ 2,039,440.00 4.25% 4.03% 0.34% 12/10/27 AA+ 1166 Federal Farm Credit Agency $ 2,000,000.00 $ 1,948,520.00 $ 2,007,640.00 3.75% 4.00% 0.34% 12/22/27 AA+ 1178 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,992,374.98 $ 2,046,875.00 4.75% 4.64% 0.35% 01/20/28 A 1207 CA ST Muni $ 2,000,000.00 $ 1,798,800.00 $ 1,872,920.00 1.70% 4.70% 0.32% 02/01/28 AA- 1219 Apple Inc. Corporate $ 5,000,000.00 $ 4,421,450.00 $ 4,604,450.00 1.20% 4.67% 0.78% 02/08/28 AA+ 1226 JP Morgan Chase Co. Corporate $ 3,000,000.00 $ 2,968,860.00 $ 2,991,030.00 5.20% 5.21% 0.51% 02/28/28 A- 1246 Federal Farm Credit Agency $ 2,000,000.00 $ 1,991,420.00 $ 2,050,080.00 4.38% 4.20% 0.35% 02/28/28 AA+ 1246 CA ST Muni $ 3,000,000.00 $ 2,870,400.00 $ 2,975,730.00 3.50% 3.95% 0.50% 04/01/28 AA- 1279 CA ST Muni $ 3,000,000.00 $ 2,870,400.00 $ 2,975,730.00 3.50% 4.52% 0.50% 04/01/28 AA- 1279 CA ST Public Works Board Lease Revenue Muni $ 3,000,000.00 $ 2,983,440.00 $ 3,068,760.00 4.86% 4.87% 0.52% 04/01/28 A+ 1279 U.S. Treasury Treasury $ 2,000,000.00 $ 1,777,040.00 $ 1,844,460.00 1.25% 4.70% 0.31% 04/30/28 Aaa 1308 JP Morgan Chase Co. Corporate $ 2,000,000.00 $ 1,940,880.00 $ 1,969,120.00 5.25% 5.25% 0.33% 05/30/28 A- 1338 Federal Farm Credit Agency $ 2,000,000.00 $ 2,000,740.00 $ 2,060,840.00 4.50% 4.42% 0.35% 06/07/28 AA+ 1346 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,944,120.00 $ 2,029,000.00 4.00% 4.06% 0.34% 06/30/28 AA+ 1369 U.S. Treasury Treasury $ 2,000,000.00 $ 1,746,960.00 $ 1,816,400.00 1.00% 4.04% 0.31% 07/31/28 Aaa 1400 Desert CA Community College District Muni $ 2,000,000.00 $ 1,807,080.00 $ 1,873,860.00 2.02% 4.85% 0.32% 08/01/28 AA 1401 Desert CA Community College District Muni $ 1,500,000.00 $ 1,355,310.00 $ 1,405,395.00 2.02% 4.15% 0.24% 08/01/28 AA 1401 Los Angeles Community College District Muni $ 1,955,000.00 $ 1,758,170.60 $ 1,813,477.55 1.61% 5.12% 0.31% 08/01/28 AA+ 1401 San Ramon Valley Unified School District Muni $ 1,730,000.00 $ 1,537,675.90 $ 1,602,239.50 1.67% 4.20% 0.27% 08/01/28 AA+ 1401 Santa Moncia CA Unified School District Muni $ 3,760,000.00 $ 3,298,422.40 $ 3,421,900.80 1.20% 4.15% 0.58% 08/01/28 AA+ 1401 San Jose Successor Agency Muni $ 3,000,000.00 $ 2,805,720.00 $ 2,922,420.00 3.13% 4.45% 0.49% 08/01/28 AA 1401 Solano County Community College District Muni $ 540,000.00 $ 477,100.80 $ 495,563.40 1.48% 4.84% 0.08% 08/01/28 AA 1401 Apple Inc. Corporate $ 3,000,000.00 $ 2,640,720.00 $ 2,752,380.00 1.40% 4.15% 0.46% 08/05/28 AA+ 1405 Federal Farm Credit Agency $ 2,000,000.00 $ 2,000,960.00 $ 2,065,240.00 4.50% 4.32% 0.35% 08/28/28 AA+ 1428 Murrita Valley CA Unified School District Muni $ 2,990,000.00 $ 2,644,415.80 $ 2,747,540.90 1.56% 4.70% 0.46% 09/01/28 Aa2 1432 Federal Home Loan Bank Agency $ 2,000,000.00 $ 1,993,280.00 $ 2,054,700.00 4.38% 4.64% 0.35% 09/08/28 AA+ 1439 Federal Farm Credit Agency $ 2,000,000.00 $ 2,003,180.00 $ 2,066,260.00 4.50% 4.73% 0.35% 09/22/28 AA+ 1453 CA ST Muni $ 5,000,000.00 $ 5,035,450.00 $ 5,203,800.00 5.00% 5.00% 0.88% 10/01/28 AA- 1462 CA Municipal Finance Authority Muni $ 500,000.00 $ 453,735.00 $ 470,300.00 2.44% 4.88% 0.08% 10/01/28 A1 1462 Federal Farm Credit Agency $ 3,000,000.00 $ 3,004,650.00 $ 3,039,480.00 5.52% 5.52% 0.51% 10/20/28 AA+ 1481 Los Angeles CA Muni $ 2,230,000.00 $ 1,949,020.00 $ 2,038,554.50 1.65% 4.44% 0.34% 11/01/28 AA- 1493 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,027,680.00 $ 2,086,920.00 4.75% 3.83% 0.35% 12/08/28 AA+ 1530 Federal Home Loan Bank Agency $ 1,980,000.00 $ 2,007,403.20 $ 2,066,050.80 4.75% 4.08% 0.35% 12/08/28 AA+ 1530 Federal Farm Credit Agency $ 2,000,000.00 $ 1,986,040.00 $ 2,050,260.00 4.25% 3.80% 0.35% 12/15/28 AA+ 1537 John Deere Capital Corp. Corporate $ 2,000,000.00 $ 1,966,040.00 $ 2,036,720.00 4.50% 4.44% 0.34% 01/16/29 A 1569 Riverside County Pension Obligation Muni $ 1,000,000.00 $ 973,900.00 $ 965,700.00 3.12% 3.77% 0.16% 02/15/29 AA 1599 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,008,400.00 $ 2,071,540.00 4.50% 4.11% 0.35% 03/09/29 AA+ 1621 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,008,400.00 $ 2,071,540.00 4.50% 4.68% 0.35% 03/09/29 AA+ 1621 Federal Home Loan Bank Agency $ 2,000,000.00 $ 2,018,820.00 $ 2,081,760.00 4.63% 4.72% 0.35% 03/09/29 AA+ 1621 Blackrock Funding Inc. Corporate $ 2,000,000.00 $ 1,991,340.00 $ 2,057,100.00 4.70% 4.74% 0.35% 03/14/29 AA- 1626 CA ST Muni $ 4,640,000.00 $ 4,310,281.60 $ 4,499,408.00 3.05% 4.82% 0.76% 04/01/29 AA- 1644 Federal Farm Credit Agency $ 2,000,000.00 $ 1,998,460.00 $ 2,063,920.00 4.38% 4.69% 0.35% 04/10/29 AA+ 1653 San Jose CA Financing Authority Muni $ 500,000.00 $ 502,620.00 $ 495,480.00 3.88% 3.75% 0.08% 05/01/29 AA 1674 University of California Revenue Muni $ 2,000,000.00 $ 1,911,880.00 $ 1,960,780.00 3.35% 4.35% 0.33% 07/01/29 AA 1735 University of California Revenue Muni $ 2,000,000.00 $ 1,949,260.00 $ 1,960,780.00 3.35% 3.93% 0.33% 07/01/29 AA 1735 CA ST Muni $ 3,000,000.00 $ 3,202,920.00 $ 3,181,800.00 5.13% 3.63% 0.54% 09/01/29 AA- 1797 Federal Farm Credit Agency $ 2,000,000.00 $ 2,006,234.00 $ 1,988,700.00 3.50% 3.43% 0.34% 09/10/29 AA+ 1806 Total Investments $ 520,511,000.00 $ 501,334,779.13 $ 511,908,021.65 86.5% Other Investments
Local Agency Investment Funds (LAIF) LAIF $ 6,856,948.76 $ 6,856,948.76 $ 6,856,948.76 4.56% 4.56% 1.2% 09/30/24 N/A - Local Agency Investment Funds (LAIF) - COVID LAIF $ 23,987,447.26 $ 23,987,447.26 $ 23,987,447.26 4.56% 4.56% 4.1% 09/30/24 N/A - California Asset Management Program (CAMP) CAMP $ 48,995,817.96 $ 48,995,817.96 $ 48,995,817.96 5.29% 5.29% 8.3% 09/30/24 N/A - Orchard Walk West Bond $ 90,000.00 $ 90,000.00 $ 90,000.00 6.75% 6.75% 0.0% 06/01/26 N/A 609 Atwood Water Main District Bond $ 63,593.53 $ 63,593.53 $ 63,593.53 4.00% 4.00% 0.0% 09/02/30 N/A 2163 Laura Water Main District Bond $ 40,320.26 $ 40,320.26 $ 40,320.26 4.00% 4.00% 0.0% 09/02/30 N/A 2163 Total Other Investments $ 80,034,127.77 $ 80,034,127.77 $ 80,034,127.77 13.5% Total Portfolio Holdings $ 600,545,127.77 $ 581,368,906.90 $ 591,942,149.42 3.78% 100.0% 1802
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0502 Agenda Date: 11/18/2024 Agenda #: 26.

Agenda Item Wording:

Authorize the one-time purchase of UPS (Uninterruptible Power Supply) Systems - Authorize the City Manager to enter into a one-time purchase agreement for Uninterruptible Power Supply systems including hardware, central management, monitoring and reporting with GigaKOM for a total of $190,207.

Deadline for Action: 11/18/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Josh Dennewitz, IS Systems Analyst, 559-713-4125 [email protected] John Howison, IS Manager, 559-713-4121 [email protected] Renee Nagel, Finance & Technology Director, 559-713-4375 [email protected] Department Recommendation:

It is recommended that the City Council authorize the City Manager to enter into a one-time purchase agreement with GigaKOM for Uninterruptible Power Supply (UPS) Battery Systems including hardware, central management, monitoring and reporting. The total purchase will cost $190,207.

Background Discussion:

The City of Visalia utilizes backup batteries in each City facility to provide short-term power in the event of a power outage and to provide protection from power surges and spikes. These batteries allow the phones to continue working during a power loss and protect expensive network and server equipment. The batteries, monitoring software, and power conditioners are referred to as the Uninterruptible Power Supply (UPS) system.

The central management and monitoring system allows City staff to remotely manage and receive reports on every battery in use at each location. This includes notifications when a facility has lost power and when a battery is failing or has failed and needs to be replaced. It also allows staff to remotely update the UPS software and remotely restart connected devices, saving staff a trip.

The existing UPS equipment in use today needs to be replaced due to age, most of it was purchased in 2007. This proposal would replace over 60 UPS devices that are in use today. It is not uncommon for a facility to have multiple UPS, there will be a UPS in the network closet of each floor, there will be a UPS attached to the surveillance video recording server, or a UPS attached to an alarm panel or control system.

On September 5, 2024 the City Purchasing Division solicited proposal (RFP 24-25-04) by advertising in the Visalia Times Delta, posting on Bid Net, and mailing letters to potential proposers. The RFP closed on October 2nd and the City received 1 proposal from GigaKOM. City staff evaluated Visalia City Council Page 1 of 2 Printed on 11/15/2024
powered by Legistar™1803
File #: 24-0502 Agenda Date: 11/18/2024 Agenda #: 26.

GigaKOM’s response to RFP 24-25-04 Uninterruptible Power Supply (UPS) and contacted references to verify acceptable performance history. City staff members were satisfied with GigaKOM’s proposal and reference’s responses.

Fiscal Impact:

This project is funded by the American Rescue Plan Act (ARPA) Funds which were appropriated by Council on December 20, 2021.

Prior Council Action: On December 20, 2021, staff presented to Council the proposed American Rescue Plan Act (ARPA) funded projects, this included backup batteries for the City network equipment.

Alternatives: Direct staff to re-issue the RFP or investigate alternative solutions to provide equipment protection during a power outage. The ARPA funding would not be available for this.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to enter into a one-time purchase agreement with GigaKOM for UPS Systems including hardware, management, monitoring and reporting for a total of $190,207.

Attachments:

Attachment 1 - Draft Agreement
Attachment 2 - Quote
Attachment 2 - RFP-24-25-04 Uninterruptible Power Supply Refresh Visalia City Council Page 2 of 2 Printed on 11/15/2024
powered by Legistar™1804
Uninterruptible Power Supply (UPS Refresh
RFP NO. 24-25-04

Page 1 of 4 ends

Visalia City CouncilNovember 18, 2024

Visalia City Council
November 18, 2024