Visalia City Council
December 16, 2024

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Monday, December 16, 2024 7:00 PM City Council Chambers

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

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions
Finance:

Mikki Dowling, Accounting Assistant
24-0545

2. Department / Division Update - Provide City Council with an update and presentation of the Solid Waste Environment
Enhancement Program (SWEEP) covering the first five months that the program has been fully implemented and operational. 24-0257

3. Caltrans Presentation of New Interchange at Road 148 and State Route 198 - Receive a presentation and provide comments regarding the New Caltrans Interchange at Road 148 and State Route 198.
24-0500

4. Federal Lobbyist Presentation - Receive presentation from Thorn Run Partners on 2024 national legislative activity, authorize option to extend annual contract with this firm for one additional term (one remaining) to include a monthly fee increase of $500, and authorize the opposition to H.R. 3507.
24-0528
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

1 Visalia City Council Meeting Agenda - Final December 16, 2024

PLEDGE OF ALLEGIANCE

INVOCATION

SPECIAL PRESENTATION / RECOGNITION

1. Deck the Home, Visalia’s Holiday Decorating Contest Winners 24-0537

2. Central Valley Christian: 2024 CIF State Girls Volleyball Div. 3 Champions
24-0508

3. The City of Visalia Finance Department’s recognition for the Government Finance Officers Association’s Distinguished Budget Presentation Award.
24-0539

PUBLIC COMMENTS
This is the time for general public comment on issues within the jurisdiction of the Visalia City Council. Each speaker tonight may speak for up to 3 minutes during this general comment period on a matter that is not on this agenda.

The public may also make one comment for up to 3 minutes prior to the consideration of the Consent Calendar, and immediately before any regular agenda item is heard. The Council asks that you keep you comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

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

ITEMS OF INTEREST

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion.

This is the time for members of the public to provide public comment on an item on the Consent Calendar. Comments will not be taken individually by the public if an item is pulled by a Council Member. Each speaker is allowed up to 3 minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling you name and providing your city of residence.

1. Authorization to read ordinances by title only. 24-0306

2. Authorization to amend the Axon contract - Authorize the City Manager to amend the current five (5) year service contract with Axon Enterprise for an amount not to exceed $410,010 to advance the purchase of 23 software licenses for Automatic License Plate Readers and to appropriate a total of $31,097.
24-0034

2 Visalia City Council Meeting Agenda - Final December 16, 2024

3. Purchase of Elgin Broom Badger Mechanical Road Sweeper - Authorize the City Manager to award the purchase of an Elgin Broom Bager Sweeper from HAAKER Equipment Company
through a Sourcewell Cooperative contract in the amount of $324,666.72, and authorize an additional appropriation of funds in the amount of $25,000 from the Gas Tax Fund.
24-0305

4. Consideration for fee waiver - Request from Visalia Gadabouts to utilize the Visalia Senior Center at a reduced rate for the purpose of providing programs and services for senior citizens. 24-0477

5. Ordinance Adoption to Authorize an Airport Lease Agreement - Introduction of the first reading of Ordinance No. 2024-18 to authorize the City Manager to execute an Airport Lease Agreement between the City of Visalia and Air Methods, LLC for its location at the Visalia Municipal Airport Administration Building.
24-0496

6. Amendment to Design Contract - Authorize the City Manager to approve Amendment No. 6 with 4Creeks Inc. in the amount of $104,630.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane. 24-0509

7. Notice of Completion - Authorize the City Manager to file a Notice of Completion for the Traffic Signal Interconnect Project along Ben Maddox Way and Tulare Avenue.
24-0510

8. Request Approval of Construction Change Order - City Council to approve Construction Change Order #1 in the amount of $546,408 to Avison Construction Inc. for the Shirk Capacity Enhancement Project and appropriate $845,017 from the Storm Sewer Construction Fund.
24-0516

9. Record Final Subdivision Map - Request authorization to record the final map for Higgins Ranch Phase 1 subdivision, located on the southeast corner of Lovers Lane and Cherry Avenue (101 Lots); and request authorization for the formation of the Landscape and Lighting District No. 24-01 and order the improvements and levying the annual assessments for Assessment District No. 24-01. (Resolution Nos. 2024-69 and 2024-70 required). APN:
127-030-018
24-0517

10. Recreational Facility Lease Agreement - Authorize City Manager to execute a new lease agreement with Tulare County Office of Education for the continued lease of a portion of the Manuel F.

Hernandez Community Center for operation of the Tulare County Early Childhood Education Program.
24-0518

3 Visalia City Council Meeting Agenda - Final December 16, 2024

11. Design Award for Culvert Replacement - Authorize the City Manager to award a design contract with 4Creeks, Inc. for the design of the Giddings Street Culvert Replacement Project for $260,700; appropriate $50,000 from the Wastewater Fund and appropriate $250,000 from the SB1 Road Maintenance and
Rehabilitation Fund.
24-0520

12. American Rescue Plan Act -Appropriate funding for the remaining American Rescue Plan Act (ARPA) projects and close out the grant.
24-0524

13. Award of Landscape Maintenance Contract - Authorize the City Manager to Award annual contract for Landscape Maintenance of City Facilities to Brightview Landscape Services Inc., of Fresno, CA, for an annual not to exceed amount of $159,012.
24-0527

14. Extend Contract for Engineering Services - Authorize the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to Interwest Consulting Group, not to exceed $200,000 for one year ending December 31, 2025.
24-0531

15. Approval for consolidation of services - Authorize the City Manager to transfer funds from the operational budget to employee salary and benefits and appropriate $640,000 for the purchase of equipment to consolidate specific service delivery for trails, basins, and City provided services in the downtown area.
24-0543

16. Developer Reimbursement Agreement - Authorize the City Manager to execute a reimbursement agreement for improvements to Pinkham Street and K Avenue as constructed with the Vista Del Sol Subdivision located at the southeast corner of K Avenue and Pinkham Street.
24-0546

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Ordinance Adoption - A Public Hearing and first reading of Ordinance No. 2024-14, a request by the City of Visalia to amend Visalia Municipal Code Sections 8.40.020, to add a definition of Illegal dumping, and 8.40.030, declaring illegal dumping as a public nuisance.
24-0464

2. Ordinance Adoption - A Public Hearing and first reading of Ordinance No. 2024-13, a request by the City of Visalia to revise Visalia Municipal Code Chapter 10.16.050 Use of Streets for Storage Prohibited
24-0468

4 Visalia City Council Meeting Agenda - Final December 16, 2024

3. Ordinance Adoption - Public hearing and first reading of Ordinance No. 2024-17 to adopt Zoning Text Amendment No. 2024-05: A request by the City of Visalia to implement programs in the Housing Element of the General Plan pertaining to the Permit Streamlining Act, Accessory Dwelling Units, and the rezoning of certain sites within the Housing Element Sites Inventory to allow by-right development without discretionary action. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Code of Regulations Section 15061(b)(3).
24-0523

4. Public hearing and first reading of Ordinance Nos. 2024-15 and 2024-16 to adopt Zoning Text Amendment No. 2024-03: A
request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and Code of Regulations Section 15061(b)(3).
24-0522

5. Permanent Local Housing Allocation Amendment: Conduct a Public Hearing and proceed with original approved Fiscal Year (FY) 2024/2025 Permanent Local Housing Allocation (PLHA) Plan. 24-0544

6. Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-12 approving Zoning Text Amendment No. 2024-04, a request to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.
24-0535

CLOSED SESSION REPORT

5 Visalia City Council Meeting Agenda - Final December 16, 2024

1. For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Lindsey DeGroot and James DeGroot, wife and husband as joint tenants
APN: 007-640-001 (portion)
Purpose: Shirk Widening Project - CP0369
Price: $86,600.00
Closing Date: 12/9/2024
Regular Session Council Date - Public Hearing: 9/20/2021 Project Manager: Diego Corvera
24-0550

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings
Monday, January 6, 2025 @ 7:00 p.m. at 707 W. Acquia
Saturday, January 11, 2025 @ 8:30 a.m. at Visalia Convention Center - 303 E. Acequia
Tuesday, January 21, 2025 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0367

6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0545 Agenda Date: 12/16/2024 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions
Finance:

Mikki Dowling, Accounting Assistant
Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0257 Agenda Date: 12/16/2024 Agenda #: 2.

Agenda Item Wording:

Department / Division Update - Provide City Council with an update and presentation of the Solid Waste Environment Enhancement Program (SWEEP) covering the first five months that the program has been fully implemented and operational.

Submitting Department: Planning and Community Preservation Contact Name and Phone Number:

Tracy Robertshaw, Neighborhood Preservation Manager, [email protected] <mailto:[email protected]>, (559) 713-4187
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council receive a presentation and update on the first five months that the Solid Waste Environment Enhancement Program has been fully implemented and operational.

Prior Council Action:

November 6, 2023 - Council authorized and directed staff to implement a Solid Waste Environment Enhancement Program (SWEEP).

Recommended Motion (and Alternative Motions if expected):
recommendation
I move to accept the Solid Waste Environment Enhancement Program (SWEEP) program update. end
CEQA Review: N/A
Attachments:

1. SWEEP Team Presentation
Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Solid Waste Environment
Enhancement Program
(SWEEP)
1 9

THE TEAM
2 10

VEHICLES / EQUIPMENT
3 11

ASSIGNED QUADRANTS
4 • Each
SWEEP team
member is
assigned a
quadrant.
• Lead
provides
oversight,
assignments
, and can fill
in where
needed.
1 2
4 3
12 • Staffing provided 7-Days a Week.
• 2-3 SWEEP Staff available every day.
• SWEEP Staff will respond to Calls For Service
from:
• Public Works
• Police Department
• Other Departments as needed
• On-Line/Phone/E-mail Complaints
5 Operational Staffing
13 ALL IN A DAY'S WORK
6 14

ALL IN A DAY'S WORK
7 15

ALL IN A DAY'S WORK
8 16
From June 10, through Nov. 30, 2024:

42.4 Tons of Debris Removed From the Public Right of
Way.
• 120 Mattress
• 66 Tires
• 46 Large Appliances
• 13 Properties referred to Code Enforcement for Illegal dumping in the Right of Way
9 Progress Update
17 Thank you

THE SWEEP TEAM
18 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0500 Agenda Date: 12/16/2024 Agenda #: 3.

Agenda Item Wording:

Caltrans Presentation of New Interchange at Road 148 and State Route 198 - Receive a presentation and provide comments regarding the New Caltrans Interchange at Road 148 and State Route 198.

Deadline for Action: 12/16/2024
Submitting Department : Engineering & Building Department Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Christopher Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Eng. & Bldg. Director, [email protected], 713-4495 Mohamad A. Annan, Caltrans Project Manager, [email protected], 243-3832 Department Recommendation:

Staff recommends that the City Council receive the presentation from the California Department of Transportation (Caltrans) regarding the new interchange at Road 148 and State Route 198.

Background Discussion:

The City of Visalia has partnered with Caltrans and the Tulare County Association of Governments (TCAG) to begin the preliminary planning of a brand new multi-modal, gateway interchange to be located on State Route 198 (SR 198) at the Road 148 alignment. The City’s 2014 General Plan Circulation Element identifies future circulation needs, based on the Tulare County Association of Governments (TCAG) Regional Travel Demand Forecast Model (RTDFM), which models future traffic volumes along streets that connect future land uses (i.e., residential and non-residential uses). The regional model is based on each city’s and the county’s general plan, and this model was used to identify future traffic volumes along local, collector, and arterial roads and freeways. The circulation element identifies the type of street, and when it should be implemented, to ensure that there is sufficient roadway capacity to accommodate traffic generated by planned future development. The 2014 circulation element identified a 11-25 year timeframe for the arterial street and interchange to be constructed at this location. This is an estimated time to begin implementation of the improvement, from the 2014 baseline year, meaning between 2025 and 2039. This current planning effort is the first step to implement the planned improvements.

In December 2020, TCAG and Caltrans executed a Cooperative Agreement authorizing Caltrans to begin work on a Project Initiation Document (PID) for the new interchange. The PID is a scoping document that identifies the purpose and need of a project, performs preliminary traffic analysis, develops various alternatives, and identifies preliminary capital outlay estimates. Caltrans is nearing completion of the PID document and has developed five (5) interchange layout alternatives and three (3) artistic themes for consideration by the City Council. Staff and Caltrans request feedback regarding the various concepts, as these comments will be carried forward into the final PID Visalia City Council Page 1 of 6 Printed on 12/12/2024
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File #: 24-0500 Agenda Date: 12/16/2024 Agenda #: 3.
regarding the various concepts, as these comments will be carried forward into the final PID document for further consideration in the Project Development phase. As shown in the presentation, the Caltrans project process commences with the Scoping Phase, which is the current phase. Upon completion of the Scoping Phase, the project will move consecutively through the following phases:

Programming Phase (funding) -> Project Development PA&ED Phase (environmental, project approval, design, and right of way) -> Construction Phase (biding, award, construction). Work on the current Scoping Phase will continue through the first quarter of 2025 and will include additional public outreach to obtain further input regarding the alternatives and themes. Following that, the PID will be finalized, and adopted as soon as the summer of 2025.

Per the PID Project Description, this project will construct a new interchange approximately one mile east of the existing Lovers Lane Interchange on SR 198 in Tulare County. Road 148 is proposed to connect to Mineral King Avenue and Noble Avenue. In addition, auxiliary lanes are being considered for both directions of SR 198. This project proposes to integrate a Class 1 bike path into the interchange from Noble Avenue to the existing trail south of Mill Creek; and a Class IV bike path is anticipated on the north and south side of the realigned Mineral King Avenue and Noble Avenue. As an option, a Class II bike lane may be proposed along the existing Mineral King Avenue and Noble Avenue to reduce impacts to residences and businesses. Drainage basins will be proposed in the areas between the frontage roads and ramps, and construction of sound walls and retaining walls may be necessary within project limits. This scoping process includes the following interchange treatment alternatives for further consideration: A roundabout interchange, spread diamond interchange, partial clover leaf interchange, clover leaf interchange, and a diverging diamond interchange.

Interchange Alternatives:

Following is a summary of the interchange alternatives that are included in the PID.

Alternative 1A Roundabout Interchange
Description of Work · Roundabouts to connect between the freeway ramps the new north/south arterial street, and Mineral King Avenue and Noble Avenue; · A bridge crossing over State Route 198; · Class IV bike path on Mineral King Avenue and Noble Avenue; · Class 1 shared use path over the bridge and connecting to the existing trail located north of Mineral King Avenue.

Alternative 1BL-2 Type
Interchange (Spread
Diamond)
Description of Work · The spread diamond (Type L-2) is adaptable where the grade of the cross street is changed to pass over or under the freeway. The ramp terminals are spread in order to achieve maximum sight distance and minimum intersection cross slope. · A spread diamond has the advantage of flatter ramp grades, greater crossroads left-turn storage capacity, and the flexibility of permitting the construction of future loop ramps if required. · This L-2 will provide direct on-off ramps connected between the freeway and Road 148; · A bridge crossing over State Route 198; · A class IV bike path on Mineral King Avenue and Noble Avenue; · A class 1 shared use path over the bridge and connecting to the existing trail located north of Mineral King Avenue. Visalia City Council Page 2 of 6 Printed on 12/12/2024 powered by Legistar™ 20
File #: 24-0500 Agenda Date: 12/16/2024 Agenda #: 3.

Alternative 1BL-2 Type
Interchange (Spread
Diamond)
Description of Work · The spread diamond (Type L-2) is adaptable where the grade of the cross street is changed to pass over or under the freeway. The ramp terminals are spread in order to achieve maximum sight distance and minimum intersection cross slope. · A spread diamond has the advantage of flatter ramp grades, greater crossroads left-turn storage capacity, and the flexibility of permitting the construction of future loop ramps if required. · This L-2 will provide direct on-off ramps connected between the freeway and Road 148; · A bridge crossing over State Route 198; · A class IV bike path on Mineral King Avenue and Noble Avenue; · A class 1 shared use path over the bridge and connecting to the existing trail located north of Mineral King Avenue.

Alternative 1CL-7 Type
Interchange (Cloverleaf)
Description of Work · The L-7 is a cloverleaf interchange, which is a two-quadrant cloverleaf; · The L-7 eliminates the need for left-turn storage lanes, on or under the structure, thus reducing the structure costs. · This L-7 will include 2 direct off-ramps from SR 198 and 2 loop on-ramps to SR 198; · A bridge crossing over State Route 198; · A class IV bike path on Mineral King Avenue and Noble Avenue; · A class 1 shared use path over the bridge and connecting to the existing trail located north of Mineral King Avenue.

Alternative 1DL-9 Type
Interchange (Partial
Cloverleaf)
Description of Work · The Type L-9 is a partial cloverleaf interchange that provides loop onramps in addition to the four diamond-type ramps. · This interchange is suitable for large volume turning movements, since left-turn movements from the crossroads are eliminated, thereby permitting two-phase operation at the ramp intersections when signalized. · The L9 interchange usually has capacity to handle the higher volume traffic on the crossroad. · This L-9 will include 2 direct on-ramps to SR 198, 2 direct off-ramps from SR 198 and 2 loop on-ramps to SR 198; · A bridge crossing over State Route 198; · A class IV bike path on Mineral King Avenue and Noble Avenue; · A class 1 shared use path over the bridge and connecting to the existing trail located north of Mineral King Avenue.

Alternative 1EDiverging
Diamond Interchange
(DDI)
Description of Work · The primary difference between a DDI and a conventional diamond interchange is the design of the ramp terminal intersections. · Directional crossover intersections (DCI) on either side of the interchange divide and transpose the directions of local road traffic between the signalized crossover intersections. · Vehicles on the local road making a left-turn to or from the ramps do not conflict with vehicles approaching from other directions. · The DDI design improves the operation of the ramp terminal intersection by removing left-turning movements to and from the freeway facility at the signalized intersections
· This DDI will include 2 direct off
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File #: 24-0500 Agenda Date: 12/16/2024 Agenda #: 3.

Alternative 1EDiverging
Diamond Interchange
(DDI)
Description of Work · The primary difference between a DDI and a conventional diamond interchange is the design of the ramp terminal intersections. · Directional crossover intersections (DCI) on either side of the interchange divide and transpose the directions of local road traffic between the signalized crossover intersections. · Vehicles on the local road making a left-turn to or from the ramps do not conflict with vehicles approaching from other directions. · The DDI design improves the operation of the ramp terminal intersection by removing left-turning movements to and from the freeway facility at the signalized intersections. · This DDI will include 2 direct offramps from SR 198, 2 direct on-ramps to SR 198, and a bridge crossing over State Route 198; · A class IV bike path on Mineral King Avenue and Noble Avenue; · A class 1 shared use path over the bridge and connecting to the existing trail located north of Mineral King Avenue.

Artistic Themes:

The Caltrans Landscape Architect took inspiration from the local scenery to develop three artistic themes for the interchange. All three feature the well-known Visalia Fox Theatre tower as decorative bridge pilasters, combined with scenic views of the Sierra Nevada.

Following is a summary of the interchange artistic themes that are included in the PID.

Artistic Theme 1Color
Splash
Description of Work · Fox Theatre pilasters · Perforated metal Sierra Nevada abstraction · Perforated metal agricultural field abstraction · Visalia lettering · Oak tree and citrus artwork · Colorful artwork
Artistic Theme 2Silhouette
Railing
Description of Work · Fox Theatre pilasters · Metal mesh with Sierra Nevada abstraction · Acorn & leaves with Visalia lettering · Four creeks silhouette · Vinyard, oak tree and Sequoia silhouettes
Artistic Theme 3Stenciling
Abstraction
Description of Work · Fox Theatre pilasters · Sepia colored metal die cut pattern with Sierra Nevada abstraction · Visalia lettering with four creeks and grapes silhouette · Agricultural field silhouette · Oak and sequoia tree silhouettes Conflicts with East Side Regional Park:

During the PID preparation, Caltrans is required to layout the new interchange alternatives following the Caltrans Highway Design Manual (HDM). This manual establishes uniform policies and procedures to carry out the State highway design functions. In following the Manual’s criteria, the preliminary interchange alternatives are shown impacting the City’s master planned East Side Regional Park (ESRP), which recently completed the Environmental Impact Report (EIR) process.

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File #: 24-0500 Agenda Date: 12/16/2024 Agenda #: 3.

Regional Park (ESRP), which recently completed the Environmental Impact Report (EIR) process.

City staff have coordinated with Caltrans to inform them of the importance of maintaining the ESRP site layout, as per the adopted EIR. Unfortunately, the Caltrans designers are unable to adjust the preliminary alternatives at this time because of the requirement to adhere to the HDM during the scoping phase. The HDM stipulates criteria such as spacing requirements between interchanges; and between freeway ramps and local streets. Caltrans has indicated that adjustments to these requirements may be considered during the Project Approval & Environmental Document (PA&ED) preparation of the project, through the Caltrans Design Exemption process. City staff will continue to provide comments to the Caltrans team throughout the upcoming phases to encourage the adjustment of the alternatives to minimize the impacts to the ESRP.

Funding & Public Outreach:

TCAG is funding the Project Initiation Document (PID) being prepared by Caltrans. Upon completion of the PID, the project team, including TCAG, Caltrans, and the City will pursue state and federal funding for the upcoming project phases. Potential funding may come from State Transportation Improvement Program (STIP), Tulare County Regional Transportation Measure (Measure R) funds, and other federal funding. The team will begin pursuing potential funding in 2025.

In addition to identifying and pursuing funding next year, the team will also begin conducting community meetings to obtain public feedback regarding the interchange alternatives and artistic themes. Potential meeting locations include the City’s Convention Center, local schools, and other various community groups and organizations. City staff will work with the Caltrans Public Information Officer to advertise and reach out to people in advance of the meetings. Additional outreach will be achieved through various social media platforms and the agency web pages.

Road 148 Rename:

Concurrent to development of the new interchange, City staff will start work on the north/south arterial street that will connect the interchange to Houston Avenue to the north, and Tulare Avenue to the south. Per the City’s General Plan Circulation Element, this new arterial street will eventually extend north to Saint Johns Parkway and south to Caldwell Avenue. Construction of these new facilities provides the City with a unique opportunity to name the new arterial street. The project team will solicit name ideas as part of the public outreach and will also bring back further discussion about the current naming policy and a process for further soliciting and selecting a name(s).

Next Steps:

This project will go before the California Transportation Commission (CTC) in June 2025 for adoption of the Project Initiation Document (PID), which will conclude the Caltrans Scoping Phase. The Programing Phase will begin thereafter. Following is the estimated project schedule:

Project Milestone Target Schedule
Project Initiation Documents (PID) adopted by CALIFORNIA

TRANSPORTATION COMMISSION (CTC)
June 2025
Programming (STIP adoption by CTC) March 2026
Begin Environmental Phase July 2026
Complete Environmental Phase July 2029
Complete Design & Right of Way Phases July 2032
Begin Construction December 2032
Construction Complete October 2035 Visalia City Council Page 5 of 6 Printed on 12/12/2024 powered by Legistar™ 23
File #: 24-0500 Agenda Date: 12/16/2024 Agenda #: 3.
()
Programming (STIP adoption by CTC) March 2026
Begin Environmental Phase July 2026
Complete Environmental Phase July 2029
Complete Design & Right of Way Phases July 2032
Begin Construction December 2032
Construction Complete October 2035
Fiscal Impact:

There is no fiscal impact at this time. The current phase is being funded through TCAG. As previously stated, the team will commence the Programming (funding) Phase in 2025.

Prior Council Action:

None.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

No motion required.

CEQA Review:

The Environmental Document will be prepared by the State of California Department of Transportation during a future project phase.

Attachments:

1. Location Map

2. Presentation
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25 CITY OF VISALIA CITY COUNCIL PRESENTATION , DECEMBER 16 , 2024 PRESENTED BY: MOHAMAD ANNAN , PE , PMP
CALTRANS PROJECT 06-1C290

NEW INTERCHANGE
State Route 198 at Road 148
Road 148 Interchange Project 26
Project Partners:
2 City of Visalia:
• Jason Huckleberry,
Director Engineering &
Building Dept.
• Christopher Crawford, City
Engineer
• Rebecca Keenan, Senior
Civil Engineer

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
(Caltrans):
• Mohamad Annan, Project
Manager
• Irene Lee, Design Manager

TULARE COUNTY

ASSOCIATION OF
GOVERNMENTS (TCAG):
• Theodore Smalley,
Executive Director
Road 148 Interchange Project 27
/
Today’s Agenda:
3 City of Visalia: Brief Project Introduction
Caltrans:

Background: Caltrans Process & Project Initiation
Document (PID)
Introduction of Conceptual Layouts & Themes
Preliminary Cost & Schedule
TCAG Sponsor
City of Visalia Road 148 Street Name
Public Outreach
Road 148 Interchange Project 28
Caltrans Process
4 • Project Initiation
Document (PID)
• Preliminary Concepts &
Themes

SCOPING
• Identify Funding Needs
• Funding Opportunities
• Program the project

PROGRAMMING
• Project Approval &
Environmental (PA&ED)
• Plans, Specifications &
Estimates (PS&E)
• Right of Way (RW)

PROJECT

DEVELOPMENT
• Bidding
• Award
• Construction

CONSTRUCTION
Road 148 Interchange Project 29
5 Project Limits
Road 148 Interchange Project 30
Road 148 Interchange Project
Existing Condition
31 Road 148 Interchange Project 7
Proposed Alternative 1A:

Roundabout Interchange
• Roundabouts to connect between ramps and frontage roads. • Class IV Bike Path on Overcrossing Bridge.
• Class 1 Shared Bike Path connecting to existing trail. 32 Road 148 Interchange Project
Proposed Alternative 1B:

L-2 Type Interchange
• Direct on and off ramps from and to SR 198.
• Class 1 Shared Bike Path.
• Class IV Bike Path on local roads.
33 9
North Facing Axonometric Reference:
( Alternative Layout 1B used for renderings)
North
Road 148 Interchange Project 34
Road 148 Interchange Project 10
Contextual reference: East facing Perspective
35 Road 148 Interchange Project 11
Proposed Alternative 1C:

L-7 Type Interchange
• 2 Direct off-ramps from SR 198
• 2 Loop on-ramps to SR 198.
• Class 1 Shared Bike Path on the overcrossing.
• Class IV Bike Path on local roads.
36 Road 148 Interchange Project 12
Proposed Alternative 1D:

L-9 Type Interchange
• 2 Direct on-ramps to SR 198.
• 2 Direct off-ramps from SR 198.
• 2 Loop on-ramps to SR 198.
• Left-turn movements from the crossroads are eliminated. • Class 1 Shared Bike Path on the overcrossing.
37 Road 148 Interchange Project 13
Proposed Alternative 1E:

Diverging Diamond Interchange (DDI)
• 2 Direct off-ramps from SR 198.
• 2 Direct on-ramps to SR 198.
• Free flow when entering and exiting the freeway and Class 1 Shared Bike Path. 38 14
Theme 1: Color Splash
Road 148 Interchange Project 39
Road 148 Interchange Project 15
Theme 1: Color Splash
West Facing perspective
40 Road 148 Interchange Project 16
Northwest Facing Pilaster
Perspective
41 Road 148 Interchange Project 17
North Facing
Section Perspective:
42 18
Theme 2: Silhouette railing
43 Road 148 Interchange Project 19
Theme 2
44 20
Theme 3: Stenciling Abstraction
45 Road 148 Interchange Project 21
Theme 3
46 Proposed Project Schedule
22 Project Milestone Target Schedule
Project Initiation Documents (PID) June 2025
Programming (STIP Adoption by CTC) March 2026
Begin Environmental Phase July 2026
Complete Environmental Phase July 2029
Complete Design & Right of Way Phases July 2032
Begin Construction December 2032
Construction Complete October 2035
Road 148 Interchange Project 47
Project Funding Status
23 Phase Status
Project Initiation Document (PID) Funded by TCAG
Environmental Phase Unfunded
Design Phase Unfunded
Construction Phase Unfunded
Road 148 Interchange Project 48
Look Ahead
24 FOR ROAD 148, NEW NAME

WOULD BE SELECTED

PUBLIC OUTREACH

BEGIN JANUARY OF
2025
Road 148 Interchange Project 49
Questions?
Road 148 Interchange Project 50
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0528 Agenda Date: 12/16/2024 Agenda #: 4.

Agenda Item Wording:

Federal Lobbyist Presentation - Receive presentation from Thorn Run Partners on 2024 national legislative activity, authorize option to extend annual contract with this firm for one additional term (one remaining) to include a monthly fee increase of $500, and authorize the opposition to H.R. 3507.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, (559) 713- 4190
Department Recommendation:

Staff recommends the City Council receive the report from Greg Burns of Thorn Run Partners, provide any feedback for 2025 federal legislative activity or the City’s Federal Agenda, authorize the option to extend the annual contract for one additional term (one remaining) to include a monthly fee increase of $500. This would revert the monthly fee from $6,500 to $7,000, the amount it was originally approved for when the contract began. The company voluntarily reduced their fee in 2016 when there was an economic downturn, and is just requesting to revert to the original amount beginning in 2025.

Lastly, staff recommends that Council authorize an opposition stance to House of Representatives bill 3507, the “Yes in my Backyard Bill.” While the bill is stated to “discourage the use of discriminatory land use policies and remove barriers to making housing more affordable in order to further the original intent of the Community Development Block Grant [CDBG] program”, effectively the bill could require CDBG recipient communities (such as Visalia) to fast-track land use policy changes in a potentially unrealistic and disorganized manner in order to continue receiving CDBG funds, which the City primarily uses to promote affordable housing options in the community. Such land use policy changes include:
- Donating vacant land for affordable housing development - Using property tax abatements to enable higher density and mixed-income communities - Eliminating or relaxing residential property height limitations - Allowing the conversion of office units to apartments - Eliminating or reducing off-street parking requirements - Reducing minimum lot size
- Allowing duplexes, triplexes, or fourplexes in areas zoned primarily for single-family residential Visalia City Council Page 1 of 3 Printed on 12/13/2024
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File #: 24-0528 Agenda Date: 12/16/2024 Agenda #: 4.
homes
To be clear, some of the land use policy changes that could be required are to be eventually pursued according to a more realistic timeframe as previously identified through the City’s Housing Element Update process. This bill’s potential requirements to enact policy change in an unrealistic timeframe, or to enact problematic policy change in order to receive CDBG funding puts that funding at risk.

Policy changes are potentially required to be made within a year after this bill is enacted, which Congress is considering during the remaining two weeks of the session ending on January 3rd.

In regards to the proposed Thorn Run fee increase, staff believes the fee increase to be reasonable given the fee for similar services in 2010 was $89,000 annually ($7,417/month) and consistently $7,000 or more a month until 2016 when Mr. Burns’ firm, then Van Scoyoc Associates, approved a 10% fee reduction with the City due to challenging financial times. Currently, the City pays $6,500 monthly plus expenses, which is capped at $3,000 annually. If authorized by the City Council, the new monthly fee would be $7,000 with annual expenses capped at $3,000.

Background Discussion:

Greg Burns will provide an overview of federal legislative activity for the 2024 session and some of the strategies his firm employs as a legislative advocate for the City. Mr. Burns has come each year to Council to present an overview of the previous legislative session, to discuss the activity of interest to the City, and to give an overview of the legislative and regulatory environment at the Federal level.

Mr. Burns has been a very responsive representative for the City and has helped to establish contacts and gain insights from various federal agencies and officials on matters affecting the City.

The City Manager, Assistant City Manager and Economic Development Manager work directly with Mr. Burns and when necessary, Mr. Burns meets with and provides insights to various other city staff.

Some of the items Mr. Burns and Thorn Run Partners have assisted the City with this year include:
- Securing nearly $1 million in Congressionally-directed spending for the Groundwater Recharge Basin project in the Fiscal Year 2024 Appropriations bill due to the work of Representative Costa and the support of Senator Padilla. - Seeking $2 million for the Tulare Avenue Safety Improvement Project through the office of Rep. Fong and $850,000 for the Downtown Main Street Improvement Project through the office of Rep. Costa, both of which are pending in bills before Congress to fund the government for Fiscal Year 2025.

Over the next year, Mr. Burns and Thorn Run Partners will assist the City in continuing to seeking federal funding for the City, fight efforts to eliminate local government’s tax-exempt bond authority, and reinstate the alternative fuel tax credit. Additionally, they will continue to represent our interests in Washington and help us track matters of potential impact to the City. Along those lines, attached is the Federal Agenda for Council’s review. Mr. Burns and staff will look to update this Agenda in January and bring back the updated version for Council adoption sometime after. Should Council have any specific recommendations to consider, please provide any appropriate feedback at this time.

The current contract was approved on December 6, 2021, beginning on January 1, 2022, with the option of up to four (4) additional 1-year options. This will be the third of the options exercised (one more option remaining). The contract allows for up to four additional consecutive annual terms, “at the City’s option and upon mutually agreeable terms”. The City has used the same lead lobbyist since 2010.

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File #: 24-0528 Agenda Date: 12/16/2024 Agenda #: 4.

Fiscal Impact:

The requested monthly increase from $6,500 to $7,000 reflects an annual increase of $6,000.

Prior Council Action:

December 4, 2023 - Received a presentation and authorized additional one year extension of contract.

Other: N/A
Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to receive the federal lobbyist report, authorize the extension of the Thorn Run contract for an additional program year to include a monthly fee increase of $500 to $7,000 per month, and authorize the opposition of H.R. 3507. ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Visalia 2024 review ppt., Thorn Run contract extension request letter, Federal Agenda, H.R. 3507 text
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City of Visalia
Federal Advocacy Update

G R E G B U R N S , T H O R N R U N P A R T N E R S
D E C E M B E R 2 0 2 4
54 2024 Election Results: President
55 2024 Election Results: House & Senate
IMPORTANT CAVEAT: With three House vacancies due to appointments to the Trump Administration, the real margin in the House for the first few months of 2025 will be 217-215 – a one vote margin!
56 Post-Election Timeline
Week of Nov. 11
•Congress returns for “lame duck”
•Presidential transition process
formally begins
•House GOP leadership elections
(11/13)
•Senate GOP Leadership elections
•New member orientation
Week of Nov. 18
•Congress in session
•House & Senate Democratic
Leadership elections
Week of Nov. 25
•Congress out for Thanksgiving
break
Dec 2-20
•Final 3 weeks of the 118th
Congress
•Committee leadership
recommendations from Dem/GOP
steering committees possible
•Government funding deadline:

Dec. 20, 2024, at 11:59 PM EST
Jan. 2, 2025
•Federal debt limit to be reinstated
Jan. 3
•118th Congress adjourns; 119th
Congress gets sworn-in
•Rules package for House to be
introduced
Early-Mid Jan.
•House speakership elections
•House & Senate rosters for key “A”
and “B” committees likely to be
announced
•First congressional hearings likely
to begin, likely with a focus on
confirmations of new cabinet
officials and adopting
rules/procedures
Mid-Late Jan. 2025.
•Presidential inauguration (1/20)
•Additional confirmation hearings
likely, subject matter hearings to
begin in earnest
Late April
•Penalty for use of a CR in FY 2025
under the Fiscal Responsibility Act
•Defense and nondefense funding
levels by 1 percent if
appropriations bills are not
enacted by April 30
Sept. 30, 2025
•Statutory government funding date
•Discretionary spending caps
enacted in FRA expire
Dec. 31, 2025
•Core provisions of the Tax Cuts
and Jobs Act expire
57 FY 2025 Government Funding
Status of FY 2025 Appropriations Bills
Bill House Senate
Agriculture-FDA Floor Vote Postponed Passed Full Committee Commerce-Justice-Science Floor Vote Postponed Passed Full Committee Defense Passed House Passed Full Committee
Energy-Water Considered on the Floor,
Proceedings Postponed Passed Full Committee
Financial Services & General
Government Floor Vote Postponed Passed Full Committee
Homeland Security Passed House Passed Full Committee
Interior-Environment Passed House Passed Full Committee Labor-HHS-Education Floor Vote Postponed Passed Full Committee Legislative Branch Initial Passage Failed Passed Full Committee MilCon-VA Passed House Passed Full Committee
State-Foreign Ops Passed House Passed Full Committee
Transportation-HUD Floor Vote Postponed Passed Full Committee — Congress has until Friday, Dec. 20, 2024, to
pass a government funding deal.
— Lawmakers likely to pass another short-term CR
to March to give the new administration and the
119th Congress more leeway over future spending
levels.
58 Policies to Watch in “Lame Duck” & Beyond
Government Funding FY 2025 NDAA Debt Ceiling Health Extenders + Physician Pay Farm Bill Water Resources Development Act National Flood Insurance
Program Reauthorization
Artificial Intelligence &
Data Privacy
Pandemic Preparedness
Reauthorization
Temporary Assistance for
Needy Families (TANF)
Reauthorization
Older Americans Act
Reauthorization Digital Assets
340B Reform Cannabis Banking
Legislation
Opioid
Treatment/Fentanyl
Tracking
Rail Safety
59 Trump 2.0 Legislative Agenda
Tax legislation to build on and codify the Tax Cuts and Jobs Act (TCJA) of 2017.

Across-the-board tariffs ranging from 10-20%
Strict immigration and migration policy
Repeal of Biden administration regulations ranging from health, banking, energy, climate, ESG, & DEI.

Merger-friendly Antitrust policy
60% tariff on all Chinese goods
Boosting domestic energy production
Repeal effort of IRA & CHIPS
Drug importation
Affordable Care Act reform/repeal
College sport participation & NIL reform
Permitting Reform
60 First Legislative Task: Budget Reconciliation
Two 2025 reconciliation
opportunities
• Tax bill
• Border security, energy
policy, health care, what
else?
Past reconciliation bills
• Mostly tax bills (including
Trump and GW Bush tax bills)
• ARPA
• Inflation Reduction Act
61 The Secret to Effective Governing
BI-PARTISANSHIP!
Most meaningful bills are passed in a bi-partisan manner:
annual appropriations bills, CARES Act, BIL, Chips Act, etc. 62 Future Opportunities and Challenges
Bipartisan Infrastructure Law expires at end of September 2026, during next Congress •Still two years to help the City with grant applications, etc. •Debate on the future of the bill will begin in 2025
Continuation of Community Funded Projects
Tax bill could threaten tax exempt municipal bonds
Reauthorization of Farm Bill, Older Americans Act still needed Department of Government Efficiency
•We’ve seen this before -- will it be successful this time? Expansion of Executive Authority
•Article 1 of the Constitution: “all legislative Powers herein granted shall be vested • in a Congress of the United States.”
•Article 2 creates the Executive Branch.

Next election is in less than two years
63 Visalia Recent and Ongoing Federal Efforts
FY24: Groundwater Recharge
Basin CPF
•Almost $1M thanks to Rep. Costa,
Sen. Padilla
FY25: Downtown Main Street
Improvement Project
•$850,000 thanks to Rep. Costa,
Sens. Padilla and Butler
FY25: Tulare Avenue Safety
Improvement Project
•$2M thanks to Rep. Fong
FY26 projects TBD
Alternative Fuel Tax Credit
Extension
•Expires at the end of 2024
•IRA created a new credit which has
yet to be implemented
•Needs extension, possibly as part of
tax bill
Preservation of Tax-Exempt
Municipal Bonds
Federal grant engagement;
daylighting new
opportunities
Constant
monitoring/engaging on a
host of other issues
64 Questions?
Thank you!
65 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected] December 5, 2024
Leslie Caviglia, City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
Dear Leslie and members of the City Council:

Thank you very much for the opportunity to continue to represent the City of Visalia in Washington, D.C. I remain extremely proud of what we have achieved over many years and look forward to continuing our work together.

Over the past year, we have worked with the City on several important issues. This includes efforts to secure nearly $1 million in Congressionally-directed spending for the Groundwater Recharge Basin project in the Fiscal Year 2024 Appropriations bill due to the work of Representative Costa and the support of Senator Padilla. We also helped the City seek $2 million for the Tulare Avenue Safety Improvement Project through the office of Rep. Fong and $850,000 for the Downtown Main Street Improvement Project through the office of Rep. Costa, both of which are pending in bills before Congress to fund the government for Fiscal Year 2025.

Meanwhile, during the years of our working together, the City has enjoyed many significant successes due to its engagement in Washington. From helping to retain the Cigna call center to securing the renewal of a five-year cooperative agreement with the National Park Service to continue the Sequoia Shuttle, working to reduce flood insurance rates and increase private insurance options, ensuring thousands of additional residents do not have to purchase costly flood insurance with little likelihood of flooding, helping deliver millions of dollars in federal grants, helping the City transition from partnering with the Essential Air Service program to securing a beneficial federal airport development grant, ensuring continuation of the alternative fuel tax rebate, fighting against significant fee increases by the National Park Service, and working on a host of other issues, our partnership has yielded significant and consistent results.

Over the next year, apart from continuing to seek federal funding for the City, fight efforts to eliminate local government’s tax-exempt bond authority, and reinstate the alternative fuel tax credit, I look forward to continuing to provide the City with comprehensive federal representation on issues of importance in Washington. Our effort will include many of the issues we have worked over the past several years, new areas of interest the City may have, and other issues that may surface in 66 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected] Washington over the next year that will impact the City. Finally, we will continue to assist the City in preparing and following up on applications for any applicable federal grants.

To continue our work on behalf of the City, we propose a contract from January 1, 2025, through December 31, 2025 for a monthly fee of $7,000 plus expenses, which we offer to cap at $3,000 for the year. This represents a slight fee increase from the past few years, but brings us back to the fee we originally charged the City. In 2016, due to challenging financial times, we voluntarily agreed to provide the City with a 10 percent fee reduction, most of which has remained in place since then.

Thank you again for the opportunity to represent the City of Visalia in Washington, D.C. and I look forward to continuing our work together.

Sincerely,
Gregory D. Burns
67 City of Visalia, California
2022 Federal Legislative Agenda
68 Prepared by Thorn Run Partners for the
Visalia City Council
Mayor Steve Nelsen Vice-Mayor Brian Poochigian
Council Member Greg Collins Council Member Brett Taylor Council Member Liz Wynn
Questions regarding the information in this book may be directed to:

Greg Burns Leslie Caviglia
(202) 849-8523 (559) 713-4317
March 2022
69 - Page 1 -
City of Visalia, California
2022 Federal Legislative Agenda
Transportation and Infrastructure
Infrastructure Investment
Monitor implementation of the Infrastructure and Investment and Jobs Act. Support all opportunities to secure funding for the City of Visalia’s infrastructure priorities. Support continued federal investment in infrastructure, including water infrastructure and for the transition to electric vehicles, charging infrastructure, and electric grid reliability. Support the City’s investment in public and active transportation priorities and any efforts to secure federal funding.

Alternative Fuel Tax Incentives
Support the retroactive extension of a $0.50 per gallon equivalent tax incentive for natural gas when used as a motor fuel.

Federal Aviation Administration Authorization; Airport Improvement Program Support adequate annual appropriations for the Airport Improvement Program. Support any City of Visalia airport grant proposals through the FAA’s Airport Improvement Program.

Water Resources and Environment
Central Valley Water Resources
Support efforts to improve water resources in the San Joaquin Valley and the State of California, including supporting additional storage, protecting existing storage facilities, and supporting funding for water recharge, conservation efforts, and other tools that would help the Kaweah Basin reach its sustainability goals as outlined in the Mid-Kaweah Groundwater Sustainability Plan. Monitor Bureau of Reclamation water release proposals as they relate to the San Joaquin River Restoration Program.

National Flood Insurance Program
Monitor Congressional activities related to the reauthorization of the National Flood Insurance Program, particularly with regard to the cost of flood insurance in Visalia. Oppose future attempts to force residual risk or other premiums onto homeowners behind certified flood control structures. Monitor FEMA’s implementation of the Risk Rating 2.0 program. Monitor FEMA’s next steps regarding changes to the NFIP Floodplain Management Standards.

Wildfire Policy
Support efforts to reform federal wildfire budgeting to enable the Forest Service to use more of their annual budget on forest management rather than fire suppression. Support using disaster funding to respond to forest fires and provide robust post-fire mitigation money to improve future fire prevention and forest health activities to improve air quality in the region and the health our forests.

Waters of the United States
Monitor activity related to the Waters of the U.S. rule. Oppose aspects of the rule that would negatively affect the City of Visalia.

Clean Air Act
Support the San Joaquin Valley Air Pollution Control District’s efforts to seek improvements to the Clean Air Act, including routine review of health-based air quality standards, clean air objectives that are technology-forcing, and clean-air deadlines that ensure expeditious clean-up and timely action. Support 70 - Page 2 -
amendments to the Act to eliminate current confusion, restore Congressional leadership in clean air policy, and maintain and strengthen the health protection core of the Act.

Public Safety
Federal Funding of Public Safety Programs
Support continued adequate funding for the wide variety of Department of Justice and Department of Homeland Security grants, i.e., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency Management Performance Grants, Assistance to Firefighters Grants, and Staffing for Adequate Fire and Emergency Response Grants. Support the City of Visalia’s application for these funds.

Police Reform
Monitor federal police reform proposals for impacts to local public safety officers.

Cannabis Legislation
Monitor federal marijuana policy that may impact the City of Visalia.

Social Services & Economic Development
Homeless Assistance
Support increased annual funding for Department of Housing and Urban Development Homeless Assistance Grants, including the Continuum of Care program, and for other types of funding that would assist local governments in helping address issues and provide options for people experiencing homelessness, including mental health funding. This includes supporting other agencies that may garner funding to be used locally, such as the Tulare/Kings Continuum of Care, which in FY 2020 received $2.5 million in federal formula funding which was distributed to several local service providers to help address homelessness.

Affordable Housing
Support legislation to improve the availability of low-income housing, including through the LowIncome Housing Tax Credit. The Low-Income Housing Tax Credit (LIHTC) program has been the most significant federal resource for creating affordable housing in the United States today. Created in 1986, the LIHTC gives State and local LIHTC-allocating agencies the equivalent of approximately $8 billion in annual budget authority to issue tax credits for the acquisition, rehabilitation, or new construction of rental housing targeted to lower-income households. An average of almost 1,400 projects and 106,400 units were placed in service annually between 1995 to 2018. In California, the LIHTC-administering agency is the California Tax Credit Allocation Committee.

Department of Housing and Urban Development Formula Programs Support adequate funding for the Community Development Block Grant and HOME Investment Partnerships programs for future fiscal years.

Economic Development Administration Programs
Support continued funding of the Economic Development Administration which often funds infrastructure projects, including several over the past decade in Visalia. Support City of Visalia Economic Development Administration grant applications.

Supplemental Nutrition Assistance Program
Support funding of the Supplemental Nutrition Assistance Program (SNAP) to help food-insecure families, stimulate local economies, and relieve pressure on other human services programs. 71 - Page 3 -
General Government Issues
National Park Service – Sequoia Shuttle and Park Fees
Support the Sequoia Shuttle partnership between the National Park Service and the City of Visalia.

Oppose significant increases to park entrance fees that would negatively impact tourism and the ability of City residents to visit the Park.

Siting of Wireless Facilities
Oppose legislation that would preempt local government control and force local governments to lease publicly-owned infrastructure for the installation of “small cell” wireless towers. 72 73
74 75
76 77
78 79
80 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0537 Agenda Date: 12/16/2024 Agenda #: 1.

Agenda Item Wording:

Deck the Home, Visalia’s Holiday Decorating Contest Winners Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0508 Agenda Date: 12/16/2024 Agenda #: 2.

Agenda Item Wording:

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0539 Agenda Date: 12/16/2024 Agenda #: 3.

Agenda Item Wording:

The City of Visalia Finance Department’s recognition for the Government Finance Officers Association’s Distinguished Budget Presentation Award.

Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Finance Department
City of Visalia, California
7/8/2024
The Government Finance Officers Association
of the United States and Canada
The Certificate of Recognition for Budget Preparation is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Distinguished Budget Presentation Award. The Distinguished Budget Presentation Award, which is the highest award in governmental budgeting, is presented to those government units whose budgets are judged to adhere to program standards.
presents this

CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION
to
Date:

Executive Director
84 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0306 Agenda Date: 12/16/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 12/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0034 Agenda Date: 12/16/2024 Agenda #: 2.

Agenda Item Wording:

Authorization to amend the Axon contract - Authorize the City Manager to amend the current five (5) year service contract with Axon Enterprise for an amount not to exceed $410,010 to advance the purchase of 23 software licenses for Automatic License Plate Readers and to appropriate a total of $31,097.

Deadline for Action: 12/16/2024
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the City Manager to amend the current five (5) year service contract with Axon Enterprise Inc., located in Scottsdale Arizona, for an amount not to exceed$410,010 which includes advancing the purchase of 23 software licenses, initially intended for deployment in FY 25/26 and FY 26/27, for Automatic License Plate Readers (ALPR) and to appropriate a total of $31,097 for FY 24/25 and FY 25/26.

Summary:

On December 19, 2022, City Council approved a contract with Axon Enterprise Inc. to provide ALPR licenses and services which are integrated into the Department’s Fleet 3 MAVS (In-car Mobile Audio Video Systems). The initial plan for deployment of these systems was a phased in approach over the period of five years. However, due to vehicle replacement demands, the Council advanced the purchase of 23 patrol cars, which have arrived and are currently being deployed. Additionally, Council has recently approved an amendment to the City’s contract with Axon Inc to advance the acquisition of the Fleet 3 MAVS. These systems are currently being scheduled for shipment and installation.

The ALPR licenses are funded through the General Fund which is reimbursed by Anti-Auto Theft Fund (AB 286 Funds). The contract is currently entering into year three and the proposed amendment would allow staff to purchase the remaining 23 licenses that were proposed for years four and five (11 in year four and 12 in year five).

Background Discussion:

In March of 2022, City Council approved the acquisition of 133 Fleet 3 MAVS, through Axon Enterprise Inc., to replace the aging in-car camera systems for marked and unmarked patrol vehicles.

In order to avoid unnecessary reinstallation cost, staff deployed the 133 MAVS in a phased approach; 88 in year on, 11 each in years two through four, and 12 in year five. This phased approach was based on the anticipated vehicle replacement rate for patrol vehicles. This phased in approach was Visalia City Council Page 1 of 3 Printed on 12/12/2024
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File #: 24-0034 Agenda Date: 12/16/2024 Agenda #: 2.
based on the anticipated vehicle replacement rate for patrol vehicles. This phased in approach was amended, upon gaining approval from City Council, to add the 23 remaining units for years four and five (23 total MAVS), due to the acquisition of 34 new patrol vehicles. Staff are currently working with Axon Enterprise Inc. to arrange delivery and installation of these remaining MAVS.

Upon deploying the MAVS, the department was provided with an evaluation period to test the ALPR features associated with Fleet 3. During the testing phase, significant improvements in stolen vehicle recoveries were realized, and ALPR was responsible for over 58% of stolen vehicle locates.

Additionally, ALPR has provided a significant investigative tool for other violent crimes and property crimes. Based on the results of this study, City Council approved the acquisition ALPR with the same phased approach that we intended for the MAVS deployment schedule. As was the case with deployment of the Fleet 3 MAVS, due to advancing the acquisition time frame for 23 systems, the Department will also need to acquire the licenses for ALPR for the new vehicles entering the fleet.

The acquisition of these ALPR licenses will complete the deployment for the department’s existing fleet.

Fiscal Impact:

Appropriate a total of $31,097 ($19,118 - FY24/25 & $11,979 - FY25/26) in the General Fund. AB286 Funds (Anti Auto Theft Funds) will reimburse the General Fund. Auto Theft Funds are disbursed by the Tulare County’s District Attorney Office and is identified in the General Fund under 2104/T21001.

Funds can only be used for personnel and equipment for the prevention of auto thefts and are paid to the County by the State of California. The State of California passes on certain DMV fees to Tulare County for auto theft prevention. The remaining $4,899 (FY 26/27) will be included in the next twoyear budget cycle.

Automatic License Plate Readers Activation Schedule - Patrol Cars - Amended # of Cars Year 1 FY
22/23
Year 2 FY
23/24
Year 3 FY
24/25
Year 4 FY
25/26
Year 5 FY
26/27
Total
Original Cars88 11 11 11 12 133
Proposed Cars88 11 34 0 0 133
Increase/(Decrease) 0 0 23 -11 -12 0
Cost Year 1 Year 2 Year 3 Year 4 Year 5 Total
Original Cars$60,227 $67,691 $75,046 $82,185 $89,265 $374,414 Proposed Cars$60,227 $67,691 $94,164 $94,164 $94,164 $410,410 Increase/(Decrease) - - $19,118 $11,979 $4,899 $35,996
Prior Council Action: Axon ALPR contract approved on December 19, 2022.

Other: N/A
Alternatives: Not to move forward with the contract.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to amend the current five (5) year service contract with Axon Enterprise, Visalia City Council Page 2 of 3 Printed on 12/12/2024
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File #: 24-0034 Agenda Date: 12/16/2024 Agenda #: 2.

Authorize the City Manager to amend the current five (5) year service contract with Axon Enterprise, Inc., located in Scottsdale, Arizona, for an amount not to exceed $410,010 which includes advancing the purchase of 23 software licenses and to appropriate a total of $31,097 for FY 24/25 and FY 25/26.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Axon quotes.

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Q-585664-45615.939CC
Issued: 11/19/2024
Quote Expiration: 12/31/2024
Estimated Contract Start Date: 01/01/2025
Account Number: 119065
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Visalia Police Dept. - CA
303 S Johnson St
Visalia,
CA
93291-6135
USA
Visalia Police Dept. - CA
303 S Johnson St
Visalia
CA
93291-6135
USA
Email:

Cynthia Cote
Phone:

Email: [email protected]
Fax:

Daniel Ford
Phone: (559) 734-8116
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 36 Months Average Savings Per Year $3,846.36 TOTAL COST $282,492.00
ESTIMATED TOTAL W/ TAX $282,492.00 TOTAL SAVINGS $11,539.08 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
89

Payment Summary
Date Subtotal Tax Total
Dec 2024 $94,164.00 $0.00 $94,164.00
Dec 2025 $94,164.00 $0.00 $94,164.00
Dec 2026 $94,164.00 $0.00 $94,164.00
Total $282,492.00 $0.00 $282,492.00
90

Quote Unbundled Price: $294,031.08
Quote List Price: $294,031.08
Quote Subtotal: $282,492.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 34 36 $61.41 $59.00 $72,216.00 $0.00 $72,216.00 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 99 36 $61.41 $59.00 $210,276.00 $0.00 $210,276.00 Total $282,492.00 $0.00 $282,492.00
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 99 01/01/2025 12/31/2027 A la Carte 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 34 01/01/2025 12/31/2027 91

Shipping Locations
Location Number Street City State Zip Country
1 303 S Johnson St Visalia CA 93291-6135 USA
Payment Details
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
ALPR - Annual Payment 1 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 34 $24,072.00 $0.00 $24,072.00 ALPR - Annual Payment 1 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 99 $70,092.00 $0.00 $70,092.00 Total $94,164.00 $0.00 $94,164.00
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
ALPR - Annual Payment 2 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 34 $24,072.00 $0.00 $24,072.00 ALPR - Annual Payment 2 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 99 $70,092.00 $0.00 $70,092.00 Total $94,164.00 $0.00 $94,164.00
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
ALPR - Annual Payment 3 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 34 $24,072.00 $0.00 $24,072.00 ALPR - Annual Payment 3 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 99 $70,092.00 $0.00 $70,092.00 Total $94,164.00 $0.00 $94,164.00
92

Sky-hero products are manufactured in European Union and are classified as military grade, transfer and re-export is strictly prohibited.

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 93

Exceptions to Standard Terms and Conditions
Quotes Q-585664, Q-595922, and Q-585493 are contingent upon the execution of the other. \s1\ \d1\
Signature Date Signed
11/19/2024
94 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0305 Agenda Date: 12/16/2024 Agenda #: 3.

Agenda Item Wording:

Purchase of Elgin Broom Badger Mechanical Road Sweeper - Authorize the City Manager to award the purchase of an Elgin Broom Bager Sweeper from HAAKER Equipment Company through a Sourcewell Cooperative contract in the amount of $324,666.72, and authorize an additional appropriation of funds in the amount of $25,000 from the Gas Tax Fund.

Deadline for Action: 12/16/2024
Submitting Department: Public Works
Contact Name and Phone Number
Danny Galindo, Public Works Manager, [email protected] <mailto:[email protected]> (559)713-4186
Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]> (559)713-4052
Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award the purchase of an Elgin Broom Bager Sweeper from HAAKER Equipment Company through a Sourcewell Cooperative contract in the amount of $324,666.72, and authorize an additional appropriation of funds in the amount of $25,000 from the Gas Tax Fund.

Background Discussion:

In accordance with the replacement schedule set by the City’s Capital Improvement Program, the Streets Division within the Public Works Department is seeking the authorization to replace a 1996 Elgin Street Sweeper (Unit #317654) that was included in the FY24/25 Budget. This sweeper is used by the Streets Maintenance Division to clean streets prior to, during, and after pavement maintenance operations, for emergency response to clean spills and debris from accidents, and to maintain the Public Works Corporation Yard. Due to the condition and unreliability of the City’s existing street sweeper, staff has needed to utilize its city-wide street sweeping contractor for these maintenance operations and special clean-ups. These call-outs are subject to hourly minimums and the availability of the contractor. Maintaining the ability to perform these functions in-house provides for additional flexibility, efficiency, and overall reduced costs. HAAKER Equipment Company has provided a Sourcewell quote for a sweeper that meets the application of the Streets Maintenance Division.

Sourcewell Cooperative Purchasing helps the City save time and money by purchasing from ready-to -use, competitively solicited contracts. Cooperative Purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units,” as defined by the American Bar Association Model Procurement Code for State and Local Governments. Sourcewell streamlines the purchasing process by developing Requests for Purchase for national competitive solicitations that meet or Visalia City Council Page 1 of 3 Printed on 12/9/2024
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File #: 24-0305 Agenda Date: 12/16/2024 Agenda #: 3.
exceed local requirements.

Fiscal Impact:

In an effort to minimize the impact to Operational and Capital budgets, the use of the city-wide sweeping contract for these purposes has been somewhat conservative. However, since July 2024, during the first 4 months of the 24/25 FY, $17,550 has been spent on “Special Sweeps” to address debris removal and accident clean-up, preparation for, and clean-up from, pavement maintenance operations, and clean-up for Dump-On-Us events.

The sweeper that was budgeted to be replaced in FY24/25 is Unit #317654, a 1996 Elgin Sweeper.

The 28-year old sweeper has 38,582 miles. Due to how this equipment is utilized, the expected lifetime mileage for a sweeper is not typically measured in the quantity of miles, but rather in years of service. The average sweeping speed for this type of equipment is only 5 miles per hour, and therefore the mileage simply does not accrue at the rate of a typical ove the road vehicle. r- The industry standard life of a commercial sweeper is up to 8-10 years. Lifetime repair costs for the existing sweeper total $162,318.82, with costs increasing significantly in more recent years. The replacement sweeper was budgeted at $300,000 from the Gas Tax Fund under VH0299. Due to increases in costs of the specified sweeper since it was quoted during the budget development, an additional appropriation of funds in the amount of $25,000 from the Gas Tax Fund 111 is needed.

Prior Council Action: N/A
Other: N/A
Alternatives: (1) Choose not to authorize the use of Sourcewell’s national cooperative agreement and proceed with an independent formal request for bids through the City’s Purchasing Division. This is not recommended as this equipment has already been bid competitively and there is no indication that pricing would be any more competitive. Additionally, this would result in added time to procure this vehicle and added ongoing costs to continue utilizing the City’s outside contractor to perform this work in the meantime. OR (2) Choose not to authorize the purchase of a replacement sweeper and continue to utilize the City’s outside contractor to perform this work going forward. This is not recommended due to the added costs and reduced flexibility to complete this work when relying on an outside contractor.

Recommended Motion (and Alternative Motions if expected):

I motion to authorize the City Manager to award the purchase of an Elgin Broom Bager Sweeper from HAAKER Equipment Company through a Sourcewell Cooperative contract in the amount of $324,666.72, and authorize an additional appropriation of funds in the amount of $25,000 from the Gas Tax Fund.

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

HAAKER Quote
Elgin Broom Badger Specs
Visalia City Council Page 2 of 3 Printed on 12/9/2024
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File #: 24-0305 Agenda Date: 12/16/2024 Agenda #: 3.

Sourcewell Contract 093021
RFP and Addendums
Sourcewell pricing discount
Badger Cab & Chassis Quote
Vehicle authorization and evaluation forms
Visalia City Council Page 3 of 3 Printed on 12/9/2024
powered by Legistar™ 97
4490 SOUTH K STREET, TULARE, CALIFORNIA 93274
(559) 220-8987 ~ HAAKER.COM

SOURCEWELL QUOTE
NOVEMBER 21, 2024

TO: CITY OF VISALIA ATTN: MR. DANNY GALINDO
336 NORTH BEN MADDOX WAY (559) 713-4186
VISALIA, CA 93292 EMAIL: [email protected]

IN ACCORDANCE WITH YOUR REQUEST, WE ARE PLEASED TO SUBMIT THE FOLLOWING PROPOSAL FOR

YOUR CONSIDERATION AND APPROVAL BASED ON THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT – CONTRACT #093021-ELG.

ONE (1) NEW DIESEL ELGIN BROOM BADGER SWEEPER (84111)
CONVEYOR BELT, VARIABLE HEIGHT, RIGHT SIDE DUMPING, 4.5 CUBIC YARD HOPPER, WITH DUAL,

HYDRAULICALLY DRIVEN, TRAILING ARM SIDE BROOMS, SWEEPER IS POWDER COATED FROM POWDER COATINGS CHART 2003/N WITH POWDER COATED GRAY UNDERCARRIAGE. MOUNTED ON A 2023 ISUZU NRR CHASSIS. INCLUDES THE FOLLOWING STANDARD AND OPTIONAL EQUIPMENT:

STANDARD & OPTIONAL ITEMS INCLUDE:
 AM/FM RADIO W/ CD
 AUX-ENGINE KUBOTA V2403M
59HP, TIER 4I
 LOW ENGINE OIL PRESSURE, HIGH

COOLANT TEMP, HYD OIL

LEVEL/TEMP SHUTDOWN
 BROOM SIDE, DUAL 42" STEEL
VERTICAL DIGGER, 5 SEGMENT
 BROOM SIDE, HYDRAULIC

FLOATING SUSPENSION,

HYDRAULIC DEPLOY
 BROOM, MAIN, 34" DIAMETER, 58"

WIDE PREFAB DISPOSABLE
 CONVEYOR CHAIN, HARDENED

WITH POLYURETHANE

SPROCKETS
 CONVEYOR, 10 FLIGHT SQUEEGEE

WITH RUBBER EDGING
 CONVEYOR, LIFT INDEPENDENT

FROM MAIN BROOM
 CONVEYOR, TWO PIECE

REPLACEABLE WEAR PLATES
 CONVEYOR RAISE IN REVERSE
 CONVEYOR STALL ALARM
 DIRT SHOES, HEAVY DUTY STEEL
 ELECTRIC BACKUP ALARM
 FRONT SPRAY BAR
 HOPPER INSPECTION DOOR
 PM 10 COMPLIANT (RULE 1186)
 SIDEBROOM TILT RIGHT HAND
 SIDEBROOM TILT LEFT HAND
 16' 8" FILL HOSE
 AY-LOGO/SWOOSH DECALS CJ
 SWEEPER PAINTED STANDARD
WHITE
 CAB STANDARD WHITE
 KUBOTA OPERATORS’ MANUAL
 CJ BROOM BADGER OPER
MANUAL
 BROOM BADGER MACHINE

DELIVERY PACKET
 ELGIN SAFETY MANUAL
 CJ BROOM BADGER PARTS
MANUAL
 BROOM MEASUREMENT RULER
 HYDRANT WRENCH
 5# FIRE EXTINGUISHER
 SAFETY TRIANGLES
 EXT WTY 3 YR P/L MECH
 LIGHT PACKAGE TO INCLUDE

TRAFFIC ADVISORS & STROBES
98 BODY PRICE:....................................................................................................................$ 195,685.00 SOURCEWELL DISCOUNT: .........................................................................................( - $ 5,871.00) CHASSIS PRICE: ................................................................................................................$ 99,718.00 HEC ADDONS: ...................................................................................................................... $ 7,551.00 PRE-DELIVERY INSPECTION: ...................................................................................... $ 2,149.00 SOURCEWELL SUBTOTAL: .......................................................................................$ 299,232.00 SALES TAX (8.500%)................................................................................................... $ 25,434.72 TOTAL PRICE, FOB: VISALIA, CA: ........................................................... $ 324,666.72

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO

WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: PRICE IS GOOD FOR 45 DAYS . COST INCREASES DUE TO THE ADDITION OF GOVERNMENT

MANDATED SAFETY OR ENVIRONMENTAL DEVICES INCURRED AFTER THE DATE OF THIS PROPOSAL, WILL BE CHARGED TO YOU AT OUR COST. PROOF OF SUCH COSTS, IF ANY, WILL BE DOCUMENTED.

TAXES: SALES TAX APPLICABLE AT TIME OF DELIVERY WILL BE SHOWN ON OUR INVOICE. FEDERAL

EXCISE TAXES, IF APPLICABLE, WILL REQUIRE PAYMENT UNLESS A PROPERLY EXECUTED EXEMPTION CERTIFICATE IS SUBMITTED.

DELIVERY: DECEMBER 2024 – JANUARY 2025 TERMS: NET TERMS OR APPROVED FINANCING

WE APPRECIATE THE OPPORTUNITY TO PRESENT THIS PROPOSAL AND LOOK FORWARD TO BEING OF FURTHER AND CONTINUED SERVICE.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: George Lopez DATE:

GEORGE LOPEZ

AREA SALES MANAGER
99 1
SPECIFICATIONS:
4 Cubic yard, twin engine, dual gutter broom, 2024 model mechanical street sweeper, truck mounted on a new and unused 2024 or newer model year Diesel ‘Cab Over’ chassis.

INSTRUCTIONS FOR COMPLETING BID.

The sweeper to be furnished under this proposal shall be a truck chassis mounted type, 4 cubic yard capacity mechanical street sweeper, with dual right and left side gutter brooms and a squeegee type elevator. It shall be the manufacturer’s latest model and design, mounted on a new and unused 2024 truck chassis. These specifications shall be regarded as minimum. Bidders must furnish all descriptive literature, manufacturer’s compliance certificates and all other data on the equipment proposed as required in this specification.

Bidder must answer YES or NO to each specification line item except where asked to state specific data. Failure to answer correctly, or failure to respond, will deem your bid as non-responsive.

All line items with a “NO” response, shall be explained in detail on the “Exceptions to Bid Specifications” pages provided at the end of this document.

BIDDER PROPOSED YES / NO

1. Truck Cab & Chassis
State:

Chassis Make: ___________
Chassis Model: ___________
Sweeper Make: ___________
Sweeper Model: ___________

2. Weights and Dimensions

2.1. GVWR: 19,500 lbs. minimum. ___________

2.2 To allow maximum maneuverability, the
wheelbase shall not exceed 109” NO EXCEPTIONS. ___________

2.3 For maximum maneuverability the sweeper
shall have an outside turning radius not to exceed
16’ 7”. NO EXCEPTIONS. ___________

2.4 To ensure maximum visibility and pedestrian
safety, the truck shall be ‘Cab Over’ type. ___________

2.5 To permit clearance under low hanging tree
branches, the overall sweeper height shall
not exceed 102”. NO EXCEPTIONS. ___________
100
2 3. Axles

3.1. Front axle shall be 7,275 lbs. minimum. ___________

3.2. Rear axle shall be single speed with a minimum
of 14,550lb. capacity. ___________

3.3. Front and rear oil seals shall be provided. ___________

4. Suspension

4.1 Front suspension shall be 8,440 lbs.
minimum at ground load rating. ___________

4.2 Front shock absorbers shall be supplied. ___________

4.3 Rear suspension shall be combination of leaf springs and Air Bag suspension. NO EXCEPTIONS. ___________

5. Brakes – ABS

5.1 Front service brakes shall be hydraulic disc. ___________

5.2 Rear service brakes shall be hydraulic disc. ___________

6. Steering

6.1. Complete hydraulic power steering with gauges. ___________

6.2 Sweeper shall be equipped with power steering. ___________

7. Engine

7.1. Engine shall be a turbocharged diesel
with a minimum of 5.19L displacement. ___________

7.2. Engine shall be rated at 215 H.P
at 2,500 RPM, minimum. ___________

7.3. Engine shall have a torque rating
of 452- ft. lbs. at 1,850 RPM. ___________
101
3 7.4. Engine shall be water cooled with antifreeze
protection to –34 degrees Fahrenheit. ___________

8. Transmission

8.1 Transmission shall be an 6 speed automatic
with overdrive. ___________

9. Engine Equipment

9.1 Alternator shall have a minimum
of 110 amp output rating. ___________

9.2 Two batteries shall be maintenance free
and each rated at 750 CCA. ___________

9.3 A Donaldson single stage air cleaner shall
be supplied. ___________
10 Cab

10.1 Cab shall be ‘Cab Over’ engine type. ___________

10.2 Cab shall have two seats with approved
seat belts. Left side seat shall be suspension type. ___________

10.3 Sun visors and arm rests shall be supplied on
both sides. ___________

10.4 Cigarette lighter and ash tray to be provided. ___________

10.5 Heater with full width defrosters, fresh air ducts & variable speed fan shall be supplied. ___________

10.6 Dual, two speed electric intermittent windshield
wipers with washers, shall be supplied. ___________

10.7 Two West Coast type mirrors 6” x 16” shall
be supplied. Two 6” diameter spot mirrors
shall be mounted below. ___________
102
4 10.8 Two 12” convex mirrors shall also be mounted below the west coast mirrors to permit the operator full
view of sweeping equipment. ___________

10.9 Factory air conditioner shall be supplied and
mounted in cab. ___________

10.10 Two cup holders shall be provided. ___________

10.11 The sweeper shall be supplied with a AM/FM
stereo with CD player. ___________

10.12 The truck shall be equipped with power windows
and door locks. ___________
11 Fuel Tank

11.1 A single 30 gallon fuel tank shall be provided for both the truck and auxiliary engine. ___________

11.2 A diesel exhaust fluid tank shall also be provided.

To prevent accidental filling of wrong fluids, the tank cap shall be blue. ___________
12 Lights

12.1 All lamps and reflectors shall comply with
federal regulations. ___________

12.2 Four-way hazard warning lights shall be supplied. ___________

12.3 Back up lights and alarm shall be fitted. ___________

12.4 Sweepers backup alarm, rear lighting and auto
reverse lifting of brush gear shall utilize reverse
circuit from truck chassis. ____________

12.5 The truck chassis rear lights shall be LED ____________ 13 Frame

13.1 High tensile frame shall be supplied. 7.20 S.M.
316,800 RBM, 44,000 PSI yield strength. ___________

103
5 13.2 Front tow provision shall be supplied. ___________

13.3 Steel front bumper shall be supplied. ___________

13.4 The sweeper body shall be mounted on it’s own
subframe and fastened to the chassis __________
14 Wheels & Tires

14.1 Tires:

Two front & four rear shall be tubeless radial
type 225/70R-19.5 12 ply rated. ___________

14.2 Rear tire sets to be protected by
H.D replaceable plastic fenders. ___________
15 Warranty

15.1 The basic vehicle shall be warranted for 3 years
100% parts and labor. ___________

15.2 The truck engine shall be warranted for 3 years
100% parts and labor. ___________

15.3 The truck automatic transmission shall be
warranted for 3 years 100% parts and labor. ___________

15.4 The truck shall be provided with a 3 year
Powertrain warranty to include engine, transmission
and rear axle. ___________
104
6 SWEEPER

16. Power Pack YES NO

16.1 Power shall be supplied by a heavy-duty turbocharged industrial diesel engine. ___________

16.2 Engine shall be four cylinder, four cycle, water cooled and antifreeze protected to -34 degrees Fahrenheit.

A cold weather start aid shall be supplied. ___________

16.3 The auxiliary engine must be Tier 4 EPA
compliant. ___________

16.4 For greater productivity, the auxiliary engine exhaust shall not require ‘REGENERATION’ NO EXCEPTIONS ___________

16.5 To reduce fuel consumption, and lower noise levels the sweeper must be designed to operate between 1600-2400
engine rpm’s. ___________

16.6 Engine shall be 65 horsepower minimum, Kubota
turbo or equal. ___________

16.7 To increase productivity and reduce complexity, the engine shall be equipped with a diesel oxidation catalyst
eliminating the need for engine exhaust ‘REGENERATION ’___________

16.8 Heavy duty, two stage air filter shall be supplied. ___________

16.9 To safeguard the engine, a high coolant temperature, low oil pressure shutdown system shall be supplied. ___________

16.10 For greater reliability, the engine speed shall be controlled electronically from the sweeper control panel. ___________

16.11 Engine speed indicator and hour meter shall be supplied. ___________

16.12 To eliminate operator injuries, the sweeper control panel must be horizontally mounted to provide safer ergonomic operation. NO EXCEPTIONS. __________

16.13 Warning system shall be furnished for low oil pressure, high water temperature. ___________
105
7 17 Sweeper Hopper Body

17.1 Hopper body shall be fabricated from steel. ___________

17.2 Sweeper shall have a hopper capacity of 4 cu yds. ___________

17.3 To eliminate water traps and reduce corrosion, the hopper must be of welded construction. NO EXCEPTIONS ___________

17.4 To reduce side load on the sweeper subframe, the
hopper lift cylinder must be vertically mounted and
connected directly to the hopper support structure.

Dual cylinders and/or mountings to lift scissors are
Not acceptable. NO EXCEPTIONS. ___________

17.5 A hydraulically operated discharge door shall automatically open when the container is tilted. Door shall be a minimum 36” in length to position the debris load into the center of the dump truck. NO EXCEPTIONS. ___________

17.6 Safety prop rod(s) shall be furnished. ___________

17.7 Debris dump angle shall be 50 degrees minimum. ___________

17.8 Shall be a variable dump height from ground level
to 120” as measured to the bottom of the dump door. ___________

17.9 For maximum visibility and safety during dumping, the sweeper shall dump to the side. Rear and front dump
systems are not acceptable. ___________

17.10 For greater durability and longer life, the hopper scissor mechanism shall incorporate hardened pins and composite bushings. No Grease Fittings permitted. ___________

17.11 To reduce maintenance, the hopper scissor lift mechanism shall not require any maintenance or greasing. ___________

17.12 To assist in bulk debris removal, the hopper shall be equipped with a 22” x 18” side mounted access door. ___________

17.13 To permit carrying of tools, the sweeper shall be equipped with a rear mounted equipment compartment. Minimum
length shall be 5 feet ___________
106
8 18 Gutter brooms – Dual

18.1 Gutter brooms shall be five segment, refillable, of steel tine construction, and 42” in diameter. ___________

18.2 Gutter brooms shall be direct hydraulic drive type and relief valve protected. ___________

18.3 Minimum swept width shall be 120” Minimum. ___________

18.4 Gutter brooms shall be hydraulically raised and lowered. ___________

18.5 Down pressure shall be controlled hydraulically
from within the cab. No external Manual controls permitted.

NO EXCEPTIONS. ___________

18.6 A visual indicator in the cab shall indicate each
side broom pressure setting. ___________

18.7 To adapt to changing curb line conditions, the right and left side brooms shall have tilt angle controls adjustable from inside the cab. ___________

18.8 To prevent damage, the brooms must be trailing arm design with spring kickback. ___________

18.9 Gutter brooms each shall have three water
spray jets for dust control. ___________

18.10 Gutter brooms shall be capable of being operated
independently of other sweep gear. ___________

18.11 Brooms shall be capable of being retracted from the working position of 120” to legal travel position of 102” from within the cab. NO EXCEPTIONS. ___________

18.12 Each broom shall be equipped with a work light. ___________

18.13 To reduce maintenance the entire gutter broom
assembly shall not require any greasing. ___________
107
9 19 Pickup Broom

19.1 Polypropylene rear broom shall be supplied. ___________

19.2 Broom shall be 36” diameter x 58” long minimum. ___________

19.3 For greater durability the sweeper shall be equipped with steel dirt shoes. ___________

19.4 Main broom shall be enclosed within its own
hood to prevent debris from being ejected. ___________

19.5 Broom hood shall hinge up without the use of tools to facilitate easier broom replacement. ___________

19.6 Broom shall be equipped with an adjustable pressure and flotation system. ___________

19.7 Main broom adjustment shall be adjustable for wear without the use of any tools. NO EXCEPTIONS. ___________

19.8 To reduce repair and maintenance costs, the broom
shall be direct hydraulic motor driven. The use of chain and sprocket drive systems are not acceptable. ___________

19.9 Pickup broom shall have a minimum of four water
sprays for dust control. ___________

19.10 The sprays shall be removable without the use of
tools to permit cleaning of the jets. ___________

19.11 A bearing must be installed on each side of broom shaft. ___________ 20 Elevator

20.1 Shall be squeegee type design, minimum 58” width. ___________

20.2 Squeegee elevator shall have a minimum of 10 flights. ___________

20.3 To reduce repair and maintenance costs, the elevator shall be direct hydraulic motor driven. The use of external chain and sprocket drive systems are unacceptable. ___________ 108
10 20.4 For ease of maintenance and cleaning the elevator back plate shall hinge open without the use of tools. ___________

20.5 For greater durability the elevator floor shall be ¼” abrasion resistant steel. ___________

20.6 Elevator direction must be forward and reverse with in cab controls. ___________

20.7 Elevator shall be raised and lowered hydraulically. ___________

20.8 To reduce cost of ownership and maintenance the elevator shall not have more than two shafts. NO EXCEPTIONS. ___________

20.9 Provision shall be made to adjust upper and lower
elevator bearings to accommodate squeegee wear. ___________

20.10 For ease of overhauling, the entire elevator shall be removable by disconnecting the elevator motor and 4 bolts. ___________

20.11 Squeegee flights shall be connected to standard after market metal chain and poly sprocket system. Use of
rubber elevator belts is not acceptable. ___________

20.12 To prevent accidental damage to the sweeper, the elevator must raise automatically when turned off. ___________

20.13 To ensure the elevator is fully engaged into the debris hopper a fixed position rocker style switch shall be supplied, momentary switches are not acceptable. ___________
21 Hydraulic System

21.1 For simplicity and safety all sweeper functions shall be controlled hydraulically. Sweepers incorporating
pneumatics supplied from the truck air tanks/brakes
are not acceptable. NO EXCEPTIONS. ___________

21.2 Hydraulic oil reservoir capacity shall be 30 gallons minimum and capable of maintaining continuous
operation without overheating. ___________
109
11 21.3 Hydraulic system shall incorporate an externally mounted oil cooler with a thermostatically controlled electric fan.

To enhance life expectancy of components,
continuous running fans are not acceptable. ___________

21.4 Hydraulic system shall have a tank mounted site gauge indicating oil level. ___________

21.5 To permit sweeping operation at lower auxiliary engine operating speeds, the sweeper hydraulics shall use a
gear pump system. Load sense and pressure compensated
systems are NOT ACCEPTABLE ___________

21.6 The Gear pump shall be triple section with a rated capacity of 31gpm. ___________

21.7 For maximum sweeping performance, each section
of the gear pump shall be dedicated to a
particular sweeper function; Side brooms, Main Broom
and elevator. NO EXCEPTIONS. ___________

21.8 All hydraulic valves and manual overrides must be located at ground level without use of ladders. NO EXCEPTIONS. ___________

21.9 The auxiliary engine shall automatically shut down in the event of low hydraulic system oil level. ___________

21.10 The auxiliary engine shall return to idle in the event of high hydraulic system temperature level. ___________
22 Water System

22.1 The water tank shall be constructed of polyethylene. ___________

22.2 To maximize available sweep time, the water tank
capacity shall be a minimum of 220 gallons.NO EXCEPTIONS. ___________

22.3 A 3gpm self priming water pump shall be supplied and not subject to damage when operated dry. ___________

22.4 A quick disconnect 16’ hydrant hose and coupler shall be provided for water tank filling. ___________
110
12 22.5 Sweeper shall be equipped with a quick fill hydrant connection without having to remove any covers/caps. ___________

22.6 An external water filter shall be provided. The filter must be accessible with body lowered. A shut off
(isolation) valve must be provided to facilitate servicing. ___________

22.7 To ensure all water is drained from the water tank, the drain location must be in the bottom of the tank, not the side. ___________

22.8 A storage rack shall be provided for the hydrant fill hose. ___________

22.8 All water lines shall be nylon to prevent damage and color coded green so that they can be easily identified. ___________

22.10 To facilitate easy cleaning, all water spray jets shall be removable without the use of tools. ___________

22.11 To prevent contamination, the supply line from the water tank must originate from the side of the tank and not
the bottom of the tank. ___________

22.12 Spray jets must be located at each gutter broom (3), in front of main rear broom (4) and on front bumper (5). ___________

24. Maintenance

24.1 All controlling elements for the sweeper’s
electrics and hydraulics shall be housed in
a easily accessible, side compartment. ___________

24.3 All electrical wiring shall be contained within flame retardant conduit. ___________

24.4 All wires shall be color & numbered coded for ease of troubleshooting. ___________

25. Safety

25.1 One rear mounted amber flashing strobe shall be provided. ___________

25.2 A back up alarm of not less than 107 dB(A) shall be installed and shall sound when reverse gear is selected. ___________ 111
13 25.3 To prevent damage, all brush gear must raise automatically when the truck transmission is placed in reverse and must resume to working position automatically when placed in drive gear. NO EXCEPTIONS. ___________

25.4 The sweeper shall be equipped with a sweep/transport switch to permit quick start/stop sweeping operation.

To prevent transport at road speed all sweep functions
shall cease and gear raise, when transport mode is
elected. NO EXCEPTIONS. ___________

25.5 The sweeper shall be equipped with a rear camera.
the rear view must automatically be shown when the
transmission is placed in reverse gear. ___________

25.6 For safety purposes, hopper dump and tilt functions shall not activate unless the vehicle parking brake is engaged to prevent movement of the sweeper with hopper raised. ___________

25.7 For safety purposes, a secondary switch must be engaged and held to activate the dump switch to prevent accidental engagement. NO EXCEPTIONS ___________

25.8 For safety reasons, the sweeper shall be equipped with a weight load audible alarm in cab. NO EXCEPTIONS. ___________

26. Paint

26.1 To provide corrosion protection, the sweeper must be painted utilizing polyester powder coat. Wet paint systems are
not acceptable. NO EXCEPTIONS. ___________

27. Warranty

27.1 The sweeper auxiliary engine shall carry a two-year warranty, 100% parts and labor minimum. Include
warranty statement with your bids. ___________

27.2 Warranty repairs to be made at customer’s premises including all parts and labor, 100% coverage, no pro-rating. ___________

27.3 The sweeper hydraulic pump and valve assembly shall have a 1 year warranty. ___________
112
14 27.4 Sweeper components other than wearing items
shall carry a standard one-year warranty. ___________
28 Manuals

28.1 Sweeper:
1-Driver/ Operator Guide, 1 parts list, 1 service/
maintenance manual. ___________
29 Training

29.1 Operator/mechanic training will be conducted at the customer’s premises at no charge to the customer. ___________

29.2 Operator/mechanic training shall be conducted by a manufacturers employee and not a distributor. ___________ 29 Quality

30.1 To ensure quality of the utmost standards, the sweeper shall be manufactured in a facility with a certified quality system independently audited by a 3rd party. Must be I.S.O.9001 Compliant or equal. ___________

EXCEPTIONS TO BID SPECIFICATIONS
Clause # Explanation
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15 _______ ______________________________________
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114

BID SPEC
BroomBadger
For

HAAKER STOCK
2070 N WHITE AVE

LA VERNE
CA
91750
US
Quote Number: 2024-73508
End User Name: Mary Bishop
Date: 11-21-2024
Page: 1 of 6
115
Detailed Specifications
For
BroomBadger
COMPLY
YES NO

0.0 Section B - Sweeper Module

2.0 EQUIVALENT PRODUCT

2.01 Bids will be accepted for consideration on any make or model that is equal or superior to the sweeper specified. Decisions of equivalency will be at the sole interpretation of the Department of Public Works. A blanket statement that equipment proposed will meet all requirements will not be sufficient to establish equivalence. Original manufacturer's brochures of the proposed unit are to be submitted with the proposal.

5.0 SWEEPER FRAME

5.01 The sweeper body shall be mounted on its own sub-frame and fastened to the chassis

5.02 All sweeper hydraulic and water hoses shall be routed and connected to sweeper sub-frame. No routing on vehicle truck chassis frame is permitted.

6.0 SWEEPER ENGINE

6.01 Engine shall be equipped with a full flow oil filter and fuel filter.

6.02 Engine shall be protected by a 50/50 mixture anti-freeze/water for cold weather storage and or operation.

6.03 Engine and front of the engine radiator shall be accessible without the use of any tools.

6.04 The sweeper engine shall have a shared 30 gallon fuel tank.

6.05 The auxiliary engine speed shall be controlled by sweeper control panel.

7.0 SIDE BROOMS

7.01 Minimum diameter of side brooms shall be 46-inch.

Quote Number: 2024-73508
End User Name: Mary Bishop
Date: 11-21-2024
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116

7.02 Brooms shall be raised and lowered hydraulically by the operator from inside the cab while moving.

7.03 Each broom shall have a spotlight for night operation.

7.04 Sweeper to have ability to sweep a width of 120-inches with both side brooms down.

7.05 Sweeper shall be equipped with a center deflector to windrow material transferred by the side brooms.

7.06 The side broom motors shall be able to apply adequate digging torque to the broom discs without stalling.

7.07 Both side brooms must retract allowing the overall vehicle width to be 102 or less to comply with Federal size regulations for commercial motor vehicles.

8.0 MAIN BROOM

8.01 The main broom shall be not less than 58 inches long and not less than 36 inches in diameter.

8.02 Broom shall be driven by a hydraulic motor directly mounted to the broom core. The motor shall be protected from overpressure by the use of a relief valve.

8.03 Suspension and pressure control shall be adjustable and be able to provide a range of a set patterns throughout the broom life.

8.04 Main broom shall be prefabricated polypropylene disposable style.

8.05 Main broom shall be shielded by a hinged plastic hood.

8.06 Main broom shall have a work light.

8.07 Broom hood shall hinge up without the use of tools to facilitate easier broom replacement.

8.08 Main broom shall be hydraulically raised or lowered by in-cab control.

8.09 The main broom motor shall be able to apply adequate digging pressure to the broom without stalling.

9.0 SQUEEGEE ELEVATOR

9.01 Elevator shall be able to load hopper to 100% of rated useable capacity.

9.02 The elevator system will be driven hydraulically and protected for overpressure by relief valve. The unit shall include an audio and visual elevator stall alarm.

9.03 """The elevator shall be no less than 58"""" wide.""" Quote Number: 2024-73508
End User Name: Mary Bishop
Date: 11-21-2024
Page: 3 of 6
117

9.04 For ease of maintenance and cleaning the elevator back plate shall hinge open without the use of tools.

9.05 To reduce the cost of ownership and maintenance the elevator shall only incorporate two shafts.

10.0 HOPPER

10.01 Hydraulically controlled hopper door shall automatically open when the container is tilted. Door shall be a minimum 36-inch length to center the debris while dumping.

10.02 Hopper volumetric capacity shall be not less than 4.0 cubic yards.

Useable capacity not less than 3.1 yards. A hopper inspection door shall be supplied.

10.03 Scissor type lift with greaseless pins with single telescoping cylinder.

10.04 Sweeper shall not require jack stands and/or outriggers to stabilize chassis during dumping cycle. Units requiring this stabilization are not acceptable.

10.05 Sweeper shall be equipped with level sensor to restrict hopper from being raised when sitting on unlevel ground.

10.06 An icon is illuminated on the sweeper controls when hopper is raised.

11.0 SPRAY WATER SYSTEM

11.01 Tank capacity shall be not less than 220 U.S. gallons (833 L).

11.02 Tank shall be constructed of polyethylene.

11.03 Three (3) spray nozzles at each side broom and four (4) spray nozzles on rear broom spray bar and five (5) nozzles under from bumper shall be provided.

11.04 The main broom spray bar shall be removable to permit cleaning of the spray jets.

11.05 Spray water pump shall be a diaphragm type to provide adequate flow and pressure to properly atomize water for efficient dust control.

12.0 HYDRAULIC SYSTEM

12.01 Maximum 30-gallon hydraulic reservoir with sight gauge indicating oil level and temperature.

12.02 The system shall contain one 10-micron return filter.

12.03 The hydraulic pump shall be a gear pump system that can deliver 31 GPM at 2400 aux engine RPM.

Quote Number: 2024-73508
End User Name: Mary Bishop
Date: 11-21-2024
Page: 4 of 6
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12.04 Auxiliary engine must power all sweeper hydraulic functions.

12.05 For simplicity and safety all sweeper functions shall be controlled hydraulically. Sweepers incorporating pneumatics supplied from the truck air tanks/brakes are not acceptable. NO EXCEPTIONS

12.06 Hydraulic system shall incorporate an externally mounted oil cooler with a thermostatically controlled electric fan.

13.0 CONTROLS

13.01 All sweeper controls shall be mounted on a central console located to the right of the operators position.

13.02 All switches to be tactile rocker type.

13.03 Clearly labeled switches and indicators shall be provided.

13.04 """Sweeping mode engaged by single """"ergo"""" Sweep / Transport / Dump switch."""

13.05 Individual switches for left and right broom tilt (In/Out)

13.06 Individual switches for left and right broom (On/Off)

13.07 Individual switch for main broom and conveyor (Forward/Reverse)

13.08 Individual switch for dust control (On/Off)

13.09 Dust control water shall have low level indicator when approximately 25 gallons remain.

13.10 Hopper raise / lower and tilt to be controlled from the cab and have a cycle time maximum of 70 seconds when aux engine set to 2400 RPM.

13.11 Individual switch for auxiliary engine throttle (Increase/Decrease).

13.12 A back up alarm of not less than 107 dB(A) shall be provided and sound when reverse gear is selected.

13.13 A 7 LCD monitor shall be provided in-cab to permit viewing. The rear view must automatically be shown when the transmission is placed in reverse gear.

14.0 MAINTENANCE

14.01 Test ports shall be provided for each system.

14.02 All electrical wiring shall be contained within flame retardant conduit.

14.03 All wires shall be color & numbered coded for ease of troubleshooting.

14.04 To reduce maintenance the sweeper shall have no more than 6 grease points. (4-elevator; 2-main broom).

Quote Number: 2024-73508
End User Name: Mary Bishop
Date: 11-21-2024
Page: 5 of 6
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14.05 To reduce maintenance the sweeper shall have no more than 8 grease points. (4-elevator; 2-main broom; 1-each side broom).

15.0 PAINT

15.01 The chassis running gear shall be painted black acrylic enamel.

15.02 All visible exterior metallic surfaces shall be powder coated prior to assembly.

15.03 """Color shall be the standard color of """"White""""."""

16.0 MANUALS

16.01 An operation and service manual shall be provided.

16.0 WARRANTY

16.01 Bidders submitting literature stating warranties which do not fully comply with warranty requirements of this specification must submit a letter from the manufacturer certifying warranty compliance as an integral part of their proposal""". Failure to comply may cause the proposal to be deemed """"nonresponsive"""" and rejected without further review."""

16.02 Third Year Warranty Parts/Labor Module Only (Excluding Auxiliary Engine) shall be provided.

17.0 SERVICE AND TRAINING

17.01 Vendors shall have a full parts and service facility within a reasonable distance from the Garage. State location and distance._____________________________________________
__

18.0 DELIVERY

18.01 Acceptance shall be subject to the inspection and approval of the .

18.02 Bidder shall state delivery time after receipt of order:
__________________________________________
Quote Number: 2024-73508
End User Name: Mary Bishop
Date: 11-21-2024
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Elgin Sweeping #093021-ELG
Pricing for contract #093021-ELG offers Sourcewell participating agencies the following discounts:
• 3% discount off list price
• In addition to the discount off MSRP, volume discounts may be considered on a case-by-case basis 121
093021-ELG
Rev. 3/2021 1
Solicitation Number: RFP #093021

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 







 




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Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 







 




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093021-ELG
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 







 




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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 







 




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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:









 




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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 







 




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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.








 




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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 







 




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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.








 




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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 







 




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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 







 




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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 







 




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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 







 




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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 







 




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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 







 




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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 







 




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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. 







 




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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Elgin Sweeper Company
By: __________________________ By: __________________________ Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Title: Business Development Manager Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________








 









 











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Rev. 3/2021 Sourcewell RFP #093021
Street Sweepers and Specialty Sweepers, with
Related Equipment, Accessories, and Supplies

RFP #093021

REQUEST FOR PROPOSALS
for
Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies
Proposal Due Date: September 30, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada.

A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.

Solicitation Schedule
Public Notice of RFP Published: August 12, 2021
Pre-proposal Conference: September 1, 2021, 10:00 a.m., Central Time Question Submission Deadline: September 23, 2021, 4:30 p.m., Central Time Proposal Due Date: September 30, 2021, 4:30 p.m., Central Time Late responses will not be considered.

Opening: September 30, 2021, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
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Rev. 3/2021 Sourcewell RFP #093021
Street Sweepers and Specialty Sweepers, with
Related Equipment, Accessories, and Supplies

I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; 154
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• Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”), Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”), North West Territories Association of Communities ("NWTAC") and their members.

RMA Participants may include all not-for-profit agencies for Canadian provinces and territories.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. 155
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies intended or designed for the sweeping, vacuuming, or cleaning of streets, roadways, alleys, parking facilities, sidewalks, trails, paths, and airport runway or airfield surfaces, such as:
a. Street, sidewalk, parking lot, and runway sweeping and cleaning equipment of every size, model, or design;
b. Litter, trash, and debris vacuums; and,
c. Supplies and replacement or wear parts related to the offering of the solutions in subsections 1. a. – b. above.

2. Sourcewell is seeking a wide variety and range of the equipment described in Section 1. a. – c. above by: 1) purpose-built, chassis-mounted, trailer-mounted, or walk-behind/beside design; 2) engine type, including conventional internal combustion, natural gas, or propane autogas, hybrid or alternative fuels, and electric powered solutions; and, 3) optional equipment or accessory offerings.

3. The primary focus of this solicitation is on Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies, and the related offering of equipment, supplies and services. This solicitation should NOT be construed to include “services only” solutions.

4. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP #080818); b. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #121218); c. Airport Runway and Emergency Equipment with Related Accessories (RFP #030619); d. Janitorial Supplies and Equipment with Related Services (RFP #101320); e. Grounds Maintenance Equipment, Attachments, and Accessories with Related Services (RFP #031121); and,
f. Roadway Maintenance Equipment (RFP #080521).

Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. 156
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Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
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D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $48 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

4. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
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Related Equipment, Accessories, and Supplies

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.
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To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
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Street Sweepers and Specialty Sweepers, with
Related Equipment, Accessories, and Supplies

C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected]. 161
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To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Supplier Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.
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VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores.
• The attributes of proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)
Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
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Related Equipment, Accessories, and Supplies

C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
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• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 165
8/13/2021
Addendum No. 1
Solicitation Number: RFP 093021
Solicitation Name: Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies
Consider the following Amendment, and the Question and Answer, to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

RFP Amendment:

To provide additional clarity on the requested equipment, products, or services of this solicitation, RFP Subsection II. B. 4. c. is revised to read as follows (new text in italics):
* * * *
c. Airport Runway and Emergency Equipment with Related Accessories (RFP #030619), with the exception of sweeping, vacuuming, or cleaning equipment identified in subsections 1. a. and 1. b. above; * * * *
The remainder of the RFP content remains unchanged.

Question 1:

Does this RFP include sweepers for cleaning airport runways, taxiways, ramps and related surfaces at airports and airfields?
Answer 1:

Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in the RFP. Refer to RFP Section II. B. – Requested Equipment, Products, or Services, and the amendment immediately above. 166
End of Addendum
Acknowledgement of this Addendum to RFP 093021 posted to the Sourcewell Procurement Portal on 8/13/2021, is required at the time of proposal submittal. 167
8/25/2021
Addendum No. 2
Solicitation Number: RFP 093021
Solicitation Name: Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Is it better to bid as a manufacturer or through a dealer, distributor, or importer? Answer 1:

In the competitive process, Sourcewell will not advise a proposer on the manner in which it should submit a proposal. It is left to the discretion of each proposer to articulate and propose the approach that aligns with its business methods and satisfies the requirements of the RFP. Proposals are evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 093021 posted to the Sourcewell Procurement Portal on 8/25/2021, is required at the time of proposal submittal. 168
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0477 Agenda Date: 12/16/2024 Agenda #: 4.

Agenda Item Wording:

Consideration for fee waiver - Request from Visalia Gadabouts to utilize the Visalia Senior Center at a reduced rate for the purpose of providing programs and services for senior citizens.

Deadline for Action: 12/30/2024
Submitting Department: Community Services
Contact Name and Phone Number: Jason Glick 713-4042 [email protected], Laurissa Roggenkamp 713-4336 [email protected]
Department Recommendation:

It is recommended by the Parks and Recreation Commission and by City staff that the City Council waive the rental fee of $2,520 annual value, but assess the direct staffing cost, $1,035 annual value.

Background Discussion:

The City of Visalia Parks and Recreation Department is dedicated to supporting Visalia seniors through the services provided at the Visalia Senior Center. The City of Visalia Parks and Recreation Department Fee Policy, reviewed and approved annually by the City Council, has identified recreation senior programs to have a cost recovery model of 50% of direct program cost because they are a community/individual benefit program. Programs in this category are partially offset by both tax subsidy to account for the community benefit and participant fees to account for the individual benefit. This categorization has permitted Recreation staff to continue to offer programs such as the senior lunch program at a low price to participants. Additionally, the Visalia Parks and Recreation Department also supports verified non-profit organizations within the community with a non-profit facility rental rate listed in the Annual Rates & Fees, also reviewed and approved annually by the City Council, in which non-profit organizations receive a reduced rate of -20% off the private rental rate.

In the continued effort to support senior programs and non-profit organizations that serve seniors, a process was developed in 2006 to designate free or reduced facility rental fees for use of the Visalia Senior Center. Following the established process, organizations requesting to utilize the Senior Center at a waived or reduced rate must annually submit a Facility Use Application for the upcoming calendar year. The application must include supplemental information including details about the organization/agency, non-profit status verification, and financial records for the past two years. For 2025, one application was received requesting a fee waiver, the sole applicant was Visalia Gadabouts.

The Visalia Gadabouts organization is a travel club for seniors. Gadabouts meet one Saturday per month to provide trip information. This organization is 501(c)(3), and does not collect fees for their monthly meeting from attendees (donations are accepted). Gadabouts board members coordinate numerous trips with a travel company, participating seniors pay to attend the curated trips. As a Visalia City Council Page 1 of 3 Printed on 12/13/2024
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File #: 24-0477 Agenda Date: 12/16/2024 Agenda #: 4.
numerous trips with a travel company, participating seniors pay to attend the curated trips. As a verified non-profit organization Gadabouts are eligible for the non-profit (-20%) rental rates.

Gadabouts has requested a fee waiver for the 2025 rental of the Senior Center Main Room, where they will host their monthly meetings.

City staff reviewed the rental application and fee waiver request of Visalia Gadabouts to ensure that the established criteria for consideration for a fee waiver or reduced fee were met. The criteria are as follows:
· Application: Organizations must apply annually and provide records of their non-profit status and financial records.
· Programming: The program or service meets the needs and interests of Visalia seniors. o Programs and services should be affordable and within the financial means of seniors. · Organization Finances: The organization should not monetarily benefit (make a profit) from their use of the city facility.
o If an organization or group has profited from its use of this City facility, it is recommended that the organization pay fully appropriate rental fees. · Facility Use: The requested amount of time and facility space fits with the needs of the program and should not displace a City program.
· Impact on City: The City should not incur expenses specifically for the function of a free or reduced rental fee.
o For use of the facility outside of normal operating hours the City must pay for a Building Attendant, this creates a City subsidy for a particular program or event.

Through the review process City staff have determined that the applicant, Visalia Gadabouts, offer a program of interest to seniors, their finances show that they do not benefit financially (create a profit), and their requested use of facility space and time are appropriate for the programming. However, the requested time is outside of regular operating hours of the Visalia Senior Center. To fulfill the rental request, the Parks and Recreation Department will need to schedule a staff member to open/close the facility, in addition to setting up the meeting space and service the facility for the duration of the rental.

In 2024 City Council approved a fee waiver for Visalia Gadabouts, the facility rental fee was waived but to ensure that there wasn’t a financial impact on the City, Visalia Gadabouts were required to pay for the direct staffing cost. For 2025, Visalia Gadabouts requested a complete fee waiver, with no cost to them for facility use. City staff’s analysis of the application unfortunately does not support the request, and as it has in recent years, staff is once again recommending that the Visalia Gadabouts be charged for the direct cost of the on-site staffing. Staff discussed measures to decrease the cost of staff with representatives from the Gadabouts. These representatives have agreed to decrease the usage time by 30 minutes and utilize a different set-up with round tables which require less staff time for set-up and break-down.

The updated 2025 facility use request from Visalia Gadabouts is for the Senior Center Main Room, 9:00 a.m. - 12:30 p.m. on the first Saturday of each month. Based on the Rates & Fees non-profit pricing this usage would cost a total of $2,520. The direct cost to the City for staffing the facility for the Visalia Gadabouts use is projected to be $1,035 for 2025 ($86.25 per month), this is the amount that staff are recommending Visalia Gadabouts pay for their facility usage.

Visalia City Council Page 2 of 3 Printed on 12/13/2024
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File #: 24-0477 Agenda Date: 12/16/2024 Agenda #: 4.

Fiscal Impact:

The Visalia Gadabouts have requested use of the Visalia Senior Center Main Room on the first Saturday of each month beginning January 2025 - December 2025 from 9:00 a.m. - 12:30 p.m. The cost for a non-profit to reserve the space is $60 per hour. The applicant is requesting a fee waiver for their 2025 rental, $2,520.

Prior Council Action: Council has approved fee waivers and/or fee reductions for the Visalia Gadabouts for the past sixteen years. Beginning in 2020, Council approved rental fee waiver with assessing the direct staffing cost be paid by the applicant.

Other: Parks and Recreation Commission met on November 12, 2024 to review the request from the Visalia Gadabouts. The commission is recommending to City Council that the rental fee is waived, but that the applicant pay the direct cost of staffing.

Alternatives: Deny applicants request for a fee waiver, applicant would pay the full facility rental cost at the appropriate non-profit rate.

Recommended Motion (and Alternative Motions if expected):

I move to accept the recommendation from the Parks and Recreation Commission to waive the 2025 facility rental fees, but to assess the direct staffing cost for the Visalia Gadabouts use of the Visalia Senior Center to provide programs and services for seniors.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Facility Request Application with Fee Waiver Request and Visalia Gadabouts 2025 Trip Sheet.

Visalia City Council Page 3 of 3 Printed on 12/13/2024
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VISALIA GADABOUTS
560 West Addie Ave
Tulare, CA 93274
(559)686-2190

CHARLENE ANDRADE
[email protected]

Upcoming meetings
NOV 2 DECEMBER 14 CHRISTMAS
PARTY
GUEST SPEAKERS SCHEDULED:

OCTOBER JOANIE FROM PREMIER WORLD DISCOVERY

NOVEMBER LAURIE / COLLETTE VACATIONS

SEATS HELD WITH DEPOSIT OR FULL PAYMENT

MAKE SURE PHONE NUMBER IS ON CHECK

LOOK AT THE END OF EACH TRIP TO SEE WHO TO MAKE

YOUR CHECK TO AND PLEASE MAKE SURE TO SEND YOUR

CHECK TO THE CORRECT ADDRESS

THE IMPORTANCE OF SIGNING UP ON TRIPS
AS SOON AS POSSIBLE: WE CAN’T WAIT

UNTIL THE LAST WEEK TO SEE IF THE TRIP IS
GOING. TICKETS? BUS? NEEDS TO BE PAID

ALL PAYMENTS DUE IN FULL ON DAY TRIPS WHEN
YOU SIGN UP! PLEASE LOOK OVER THE

UPCOMING AND LET US KNOW IF YOU HAVE ANY

QUESTIONS

IMPORTANT PAYMENT

INFORMATION

THIS IS A MUST READ
At this time, please pay attention
to WHOM YOU NEED TO MAKE
THE CHECKS PAYABLE TO. Some
will be changing. ALL trips after
the 1st of the year will go back to a
majority of checks/payments
going to the Gadabouts PLEASE

PAY CLOSE ATTENTION
A-1 TOURS & TRAVEL
2000 NORTH WOODLAND STREET
VISALIA, CA 93291
(559) 627-6358

LINDA PALERMO NEWLIN
[email protected]
SELLER OF TRAVEL # 2016393-40

THANK YOU TO ALL THAT WENT ON THE SANTA BARBARA
SEA GLASS FESTIVAL! IT WAS FANTASTIC
AND SOLVANG! WHAT A PERFECT SOLVANG DANISH DAYS
IT WAS

AND PISMO BEACH AND AVILA VALLEY BARN GETTING
OUT OF OUR RIDICULOUS 90 DEGREE TEMOS…AND
YOU…MADE THIS ONE PERFECT TRIP!
OCTOBER 6 SUNDAY

MORRO BAY WHALE WATCHING
& THE MB WATERFRONT MARKET
Discover the magic of whale watching with their familyowned and operated tours, celebrating 23 years of unforgettable adventures in Morro Bay! Join us for an up-close encounter with these magnificent creatures and create memories that will last a lifetime. I cannot wait to go again! Also the
Waterfront Market is in Morro Bay That’s always
FUN!
$149
cks to A-1 Tours & Travel
OPTIONAL: MORRO BAY ONLY
$60
OCTOBER 10 Thursday

HAMILTON

AT THE PANTAGES THEATRE
7:30 PM

SOLD OUT

NEXT MEETING
NOVEMBER 2, 2024
10:00 AM

VISALIA SENIOR CENTER

GADABOUT BOARD OF DIRECTORS
Barbara Davis President (559) 732-5066
Gayle Surratt Vice President (559) 936-3443
Linda Sutton Treasurer (559) 676-0737 Joan DePompei Minutes Secretary (559) 733-9954 Peggy Buchanan Social Secretary (559) 733-3201
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OCTOBER 12 SATURDAY

THE GREAT AMERICAN MELODRAMA

PISMO BEACH

WEREWOLF OF ARROYO GRANDE
HOWL DID THIS HAPPEN? AFTER A MAN RELOCATES INTO

ARROYO GRANDE TO START UP HIS NUT BASED FAST FOOD

RESTAURANT, HE DISCOVERS THAT THE TOWN IS
TERRORIZED BY A TERRIBLE HAIR RAISING WEREWOLF!

THE VILLAGE OF ARROYO GRANDE MUST COME TOGETHER
TO PUT AN END TO THE CANINE HORROR BEFORE IT’S TOO
LATE!
YOU’LL HAVE TIME IN PISMO BEACH followed BY
THE GREAT AMERICAN MELODRAMA 2:00 PM MATINEE
$129.00 CKS TO VISALIA GADABOUTS

CALL FOR AVAILABILITY
OCTOBER 27 SUNDAY

MONTEREY

MONARCH GROVE SANCTUARY
Arriving in October, monarch butterflies cluster
together on pine
, cypress & eucalyptus trees in the sanctuary.

Their migration to Pacific Grove is so unique the
PG is name Butterfly Town,
U. S. A. Time in Monterey for you to enjoy this
beautiful area. $$83.00 PERSON
AWESOME PRICE! 12 & UNDER $69.00
CHECKS TO A-1 TOURS & TRAVEL

NOV 6-7 wed/thurs

THE QUEEN MARY

OVERNIGHT
What a wonderful trip! We leave this morning for a funfilled tour. First stop will be at the Earl Burns Miller Japanese Garden.

Next we travel to the Waterfront for lunch on own followed by a 45 minute Harbor Breeze Cruise. Load the bus and we’re headed to the beautiful QUEEN MARY for the night. Escort just needs a short amount of time to check in and get your keys. You are on your own for the evening.

Next morning, you will each have a $25 meal voucher for breakfast in the café. This morning you will really enjoy a guided tour “The Glory Days” of the Queen Mary. It’s an excellent tour and provides so much information about the ship .It’s really very interesting. The tour time TBA…will be around 10:30 am. Next we take a very short drive over to the Gondola Getaway. This is an excellent Italian Gondola ride through the canals of Naples Island. So much fun! “Singing included” You’ll also get to see the “Skinny House” on this trip.

PRICE IS $345 PERSON DBL SINGLE IS $437 FULL PAYMENT DUE

CKS TO VISALIA GADABOUTS

CALL FOR AVAILABILTY
NOVEMBER 14 Thursday

SAN FRANCISCO MOVIE TOUR
+ +Fisherman’s Wharf
This is going to be awesome! Our guide, Brian will board our bus in SF and take us on an adventure !
Discover iconic filming locations, local attractions, and unforgettable sights on a San Francisco Movie Tour. See tourist favorites like the Golden Gate Bridge, the sights of North Beach, Fisherman’s Wharf and more, from a unique
perspective. While you sit back and relax on the San
Francisco bus tour, their guides reveal behind-the-scenes facts about famous movie locations, like the high school from The Princess Diaries and the Tanner family residence from Full House. They even play the movie and TV clips that
feature these famous spots so you can see them in action from the comfort of the bus! Whether you’re the biggest movie fan in the group, or just want to take a unique San Francisco city tour, their experiences offer excitement for everyone Fisherman’s Wharf time follows
checks to VISALIA GADABOUTS
THE PRICE IS ONLY $157 PP THIS WILL BE EPIC!
November 25 Monday

MCHENRY MANSION TOUR
& GIFT SHOP

HILMAR CHEESE TOUR & LUNCH

DUARTE NURSERY AND

THE AMAZING POINSETTIAS
Today we head north for a trip that has been a favorite of so many! Our first stop will be at the beautiful McHenry
Mansion. Decorated for the Holidays, our docent will take us on a journey through! Christmas Decorations highlight this journey! It’s just beautiful! Time in the gift shop follows. Next we head over to the Hilmar Cheese Company. A step on guide will take us through the back lot and explain the cheese making process. Enter…and on the top floor you will be
treated to a Lunch Buffet Experience their Famous Cheese Chowder, Choice of Sandwich Honey Ham & Cheddar Cheese
or Roast Turkey and Jack Cheese For desert, their Cream Cheese Brownie! Choice of coffee, water or iced tea. Spend a bit of free time to shop after lunch and then we board for the most beautiful stop of the day! Duarte Nursery
POINSETTIA HEAVEN! Choose from so many different colors and types of poinsettias along with so much more. NOTE
PLEASE: BRING BOXES WITH YOUR NAME TO PUT YOUR
POINSETTIAS IN..AND CASH OR CHECK ONLY HERE ! Checks
to VISALIA GADABOUTS $99 pp

DECEMBER 1 SUNDAY

DICKENS CHRISTMAS FAIRE
Discover London at the historic Cow Palace Exhibition Halls! Enter the winding lanes of Victorian London and immerse yourself in a world of music halls, theatres, pubs, dance parties, and charming shops overflowing with hand-made holiday
treasures. Enticing aromas of roasted chestnuts and hearty foods fill the air. Discover holiday revelry in this lamp-lit city brimming with hundreds of lively and colorful characters from the imagination of Charles Dickens, the pages of history, and the sometimes saucy world of the Victorian stage.

Dinner stop on the way home TOUR PRICE IS ONLY $150
PERSON. $50 DEPOSIT DUE AT BOOKING WITH BALANCE
DUE 10/1 MAX 40 PEOPLE ON THIS ONE

CHECKS TO VISALIA GADABOUTS
DEC. 3-4-5

LAUGHLIN CHRISTMAS TRIP

IS HERE
Spend 2 nights at the Riverside Hotel &
Casino. On the bus: YES there will be a
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Christmas Raffle YES games and prizes
YES plenty of snacks YES our annual
Christmas Sing-a-long
PLEASE JOIN US! Ring in the holiday
season with us once again!
$213 pp dbl $279 single $15 00 food
credit.

IMPORTANT NOTE:

DEC. 4 THE PLATTERS VERY MERRY
CHRISTMAS SHOW AT DON’S CELEBRITY

THEATER
DECEMBER 15 SUNDAY

CAMBRIA CHRISTMAS MARKET

CAMBRIA CHRISTMAS LIGHTS
Experience MORE lights &
NEW displays in 2024!
They’re thrilled to announce that the Cambria
Christmas Market is shining brighter than ever
this year with 3+ million lights! Experience the
enchantment of the holiday season 2 BUSES
The Cambria Christmas Market is known for featuring local artisan vendors and all the holiday magic that comes with Christmas. Two (NOW THREE MILLION) million Christmas
lights will be on display. This will be the 13th year for the Cambria Christmas Market. The Golden Gate Bridge and
rainbow tunnel are included in the displays and a new food menu featuring traditional German menu items is being
offered during the event.This is by far one of the most perfect display of Christmas lights you will ever see! Walk at your own pace. YOU WILL LOVE THIS! A stop in Morro
Bay precedes this event. Price $127 A-1 TOURS
& TRAVEL
WICKED
DEC 22 CANCELED
JANUARY 1, 2025

THE ROSE PARADE
It’s the 136th year!
Note our departure from Visalia is about 2:00 AM
We must arrive in Pasadena and into our parking area by a certain time. Bleacher seating today! Duration of Parade 2 hrs The earliest Tournament of Roses welcomed 3,000 spectators to its first parade filled with beautiful, horse-drawn carriages covered in flowers. More than a century later, the parade floats are a marvel of state of the art technology, all tucked away beneath flowers and other all-natural materials.

During the next few years, the festival expanded to include marching bands and motorized floats. The games on the
town lot (which was re-named Tournament Park in 1900)
included ostrich races, bronco busting demonstrations and a race between a camel and an elephant (the elephant won).

Reviewing stands were built along the Parade route, and Eastern newspapers began to take notice of the event. In 1895, the Tournament of Roses Association was formed to take charge of the festival, which had grown too large for the Valley Hunt Club to handle.

The Tournament of Roses has come a long way since its early days. The Rose Parade’s elaborate floats now feature hightech computerized animation and exotic natural materials from around the world. Although a few floats are still built exclusively by volunteers from their sponsoring communities, most are built by professional float building companies and take nearly a year to construct. The year-long effort pays off on New Year’s morning, when millions of viewers around the world enjoy the Rose Parade. Price is only $179 person.

Checks to VISALIA GADABOUTS & remember…we
need your deposits in now to secure the tickets.

Each year, thousands of vibrant orange and black
Western Monarch Butterflies flock to Pismo
Beach, seeking shelter from the freezing
northern winters. Our colony is one of the
largest in the nation, some years hosting an
average of 25,000 butterflies
#1 OF A-1 TOURS & TRAVEL’S 35TH
ANNIVERSARY TRIPS!
JANUARY 11 Sat

MONARCH BUTTERFLY GROVE & PISMO
BEACH
Each year, thousands of vibrant orange and black
Western Monarch Butterflies flock to Pismo
Beach, seeking shelter from the freezing
northern winters. Our colony is one of the
largest in the nation, some years hosting an
average of 25,000 butterflies Time here to walk
around and enjoy! Next on to Pismo Beach with
free time to enjoy this beautiful coast.

SIGN UP FOR THIS TRIP AND YOU WILL

BE ENTERED IN A DRAWING FOR A

FREE TRIP TO THE COAST THIS
SUMMER!
PRICE IS ONLY $61 PERSON
CHECKS TO A-1 TOURS
35TH ANNIVERSARY TRIP
NUMBER #2
FEBRUARY 8 SAT

PIEDRAS BLANCAS ELEPHANT SEALS

MORRO BAY /CAYUCOS

YOU HAVE FREE TIME IN ALL
LOCATIONS!
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SIGN UP FOR THIS TRIP AND YOU WILL

BE ENTERED IN A DRAWING FOR A

FREE TRIP TO THE COAST THIS
SUMMER!
PRICE IS ONLY $62.OO PERSON
CHECKS TO A-1 TOURS
FEBRUARY 18-19-20
Tues – Thurs

AMTRAK SNOW TRAIN
2 NIGHTS SILVER LEGACY
WE’RE READY FOR YOU! Our schedule:

Bus from Visalia to Sacramento …Board the
California Zephyr in Sacramento and experience
the scenery on our way to Reno.

Going home: California Zephyr to Sacramento
and the bus home.

BALANCE DUE November 1 We will provide
Transportation (and driver tip) roundtrip from
VISALIA TO AMTRAK IN SAC And roundtrip
transportation Amtrak to our Hotel. Baggage
Handling is included! You have 2 nights at the
beautiful Silver Legacy. ENJOY one beautiful
scenic journey through the Sierras and into
Reno.

Our annual SNOW TRAIN TRIP DON’T MISS OUT
AND AGAIN…. FIRST COME….you know the rest!
8 LOWER LEVEL SEATS AVAILABLE
$373 PP DOUBLE $440 SINGLE
CKS TO A-1 TOURS & Travel
MARCH 11

COVELS CLYDESDALES RANCH
SO EXCITED to bring this tour to you!
Today we drive to the ranch in Cambria. Your time
here will include over an hour tour meeting several
Clydesdales up close and personal, and a drive
through their 2,000 acre ranch with beautiful views.

The meal includes chicken, potatoes, bread, beans,
salad and dessert! Enjoy music playing and games
are available for anyone that wants to play.

Following we will take the short drive to Morro Bay.

Drop off in the city parking lot for some free time
before returning home. PLEASE MAKE CHECKS

PAYABLE TO VISALIA GADABOUTS PRICE
IS ONLY $149 PP
MARCH 29 thursday

POINT SAN LUIS LIGHTHOUSE PLUS
SENSORIO …AND THE ALL ACCESS
PASS PLUS MORE!
We will not be making a breakfast stop this morning.

We wil make a short 20 minute MAX stop so we can
get on our wasy! First stop POINT SAN LUIS
LIGHTHOUSE for an awesome tour of this wonderful
property. But thats not all! They are going to cook
you up a TACO BAR today complete witih pork,
chicken or beef, all the trimmings plus beans, corn or
flour tortillas and my contact said IT’S FANTASTIC!
This is such a great stop. Next we head over to Avila
Beach for a short stop. About 90 minutes. Back on
the bus for the drive to SENSORIO! Today you all
receive the ALL ACCESS PASS for admission in to THE
LIGHT TOWERS, DIMENSIONS & FIELD OF LIGHT.

Haven’t seen it? You’re missing out. This is a FUN
FANTASTIC DAY! Don’t miss out. See color flier for
more information Price is only $ 209 CHECKS

TO VISALIA GADABOUTS
I am giving you about 8 months to come up with the
craziest hat you can think of! I am so excited to announce that finally, after years…I am actually planning this even before it’s here.

April 6 Sunday
BIG HAT DAYS in Clovis
This 2 day festival takes place in Old Town C.lovis,
which is transformed into a bustling street faire
with over 400 vendors offering everything from
handmade crafts to delicious food. Other
activities include a carnival, a petting zoo and a
beer garden. We will be going on Sunday as soon
as I confirm the date! Please make checks payable
to VISALIA GADABOUTS COST: $ 45.00 pp

SAN DIEGO IS HERE
APRIL 13-14-15-16
IT’S TIME YOU MEET THEIR NEWEST RESIDENTS
YUN CHUAN 5 YEARS AND XIN BAO 4 YEARS
And by the way, the residents are the black and
white pandas at the San Diego Zoo. This can be
YOUR CHOICE on Day 2 3 NIGHTS IN
SAN DIEGO 4 MEALS INCLUDED
DAY 1 Leaving Visalia this morning and heading
south. We have 309 miles to go. We will make a
couple of stops on the way down. Upon arrival, we
should be able to check in to our hotel. That
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evening you will be treated to an awesome dinner
buffet with CITY EXPERIENCES on the Admiral
Hornblower. 2 ½ hrs taking in some pretty
amazing sights. Following we take you back to
your room DAY 2 You have a choice today. You
can go to the San Diego Zoo. Or you can go to Sea
World Or you can have a day of freedom and do
whatever you like! Please let us know what you
choose at final payment time. DAY 3 This
morning we will board the San Diego Seal City
Tour for 100 minutes of fun! Experience SD by
land and sea on an amphibious journey
throughout the city..and in the sea. Next we head
over to the U.S.S. Midway Museum. In 2004 this
opened to the public as a floating aircraft carrier
museum. It is the most visited naval ship museum
in the world. Proudly known as America’s Living
Symbol of Freedom. And finally on Day 3, we
drop you at Seaport Village It’s huge! There are
so many dining options for you. Tons of shopping
and things to see! It’s quite a “big deal” DAY 4
On this day we will take you to the Air & Space
Museum. This is an experience you will never
forget! Start with Apollo 9 Command Module,
Curtiss A-1 Triad, Catalina and B-1 Robin, Ford
Trimotor , Gee Bee , Mercury Spacecraft (mock-up),
McDonnell Douglas Phantom II, Bell Cobra
Helicopter, Hornet Blue Angel, Gemini Spacecraft
(mock-up) plus artifacts, image collections, film &
audio archive and so much more. And next we
leave San Diego but only as far as Coronado.

Cross over the beautiful Coronado Bridge to this
breathtaking area. You will have time for lunch
and looking around. STAY 3 NIGHTS AT THE
HACIENDA HOTEL IN OLD TOWN…A
PERFECT LOCATION! PRICE IS $928
PERSON ADD $81 FOR THE ZOO OR ADD $90
FOR SEA WORLD SINGLE IS $1198
Deposit is $300 pp upon booking 2nd Deposit is
$300 1/1/25 Final Due 2/1/25
Checks to Visalia Gadabouts
APRIL 26 SATURDAY

SANTA MARIA STRAWBERRY FESTIVAL
Join us today for a fun-filled day, tasty treats
and a stop at the beach! The festival is better
than ever is 2025. A BERRY exciting day with
culinary delights, , live performances,
activities, rides & attractions, strawberry
delights, local artisan crafts and more.! We
go to Pismo Beach right after! The price is
$93 Srs & age 6-11 5 & under $65 Adult $95
MAY 8, 2025

RONALD REAGAN

PRESIDENTIAL LIBRARY
Another amazing exhibition coming to
the Reagan Library! DEAD SEA
SCROLLS - THE 75TH ANNIVERSARY
Dating back to as early as the Third Century
B.C.E., The Dead Sea Scrolls are among the
oldest surviving documents known to
humankind. Celebrating 75 years since their
discovery, Running Subway has the exclusive
rights to present the scrolls for a once-in-alifetime exhibition. This experience allows guests to step back in time through the
history of the Dead Sea Scrolls: manuscripts
composed, copied, and hidden in caves 2,000
years ago. The largest of its kind EVER
mounted outside of Israel, this exhibit
features over 200 ancient artifacts and 24
original scrolls. I can’t wait! TRY THE CHILI
IN THE SNACK BAR! Following, we are going
to drive over to beautiful Ventura Harbor
Village. Can’t decide? Try the Mexican
Restaurant! CHECKS TO VISALIA
GADABOUTS $132

MAY 17 SAN FRANCISCO

FOR THE DAY
#3 35th ANNIVERSARY TRIP
You’ve been asking for it! Drop off will be at
Fisherman’s Wharf. You’ll have plenty of time
there to enjoy the City by the Bay! Please sign up
early! SIGN UP FOR THIS TRIP AND

YOU WILL BE ENTERED IN A

DRAWING FOR A FREE TRIP TO THE
COAST THIS SUMMER! Price is $75 pp
Checks to A-1 Tours

May 29 MONDAY
YOSEMITE NATIONAL PARK Always
a favorite but keep in mind that even
with 2 buses, we can sell out. Perhaps
one of the most perfect places to visit and
explore…or just sit back and take in this absolutely
gorgeous place. You will be on your own for a good
part of the day however you will be boarding the
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amazing VALLEY FLOOR TRAM TOUR for a 2 hr open
air ride through this gorgeous area. See Yosemite
Falls, Half Dome, El Capitan, Tunnell View, Bridalveil
Falls and so much more.

THIS IS PERFECTION! $154.00

CHECKS TO VISALIA GADABOUTS

JUNE 8-9 Sun-Mon

SAFARI WEST

WINCHESTER MYSTERY HOUSE

FILOLI GARDENS

OVERNIGHT SAN JOSE

LAQUINTA

INN & SUITES
On Day 1 We will make our way to the everbeautiful Filoli Gardens. Introduce yourself to Filoli, where you can explore 16 acres of formal gardens,
step back in time in the historic house museum, and
hike through the lush and varied natural communities
of the estate. Next visit the awesome and eerie Winchester Mystery House. Experience the mystery and
wonder of the Winchester Mystery House as you
embark on our guided Mansion Tour, exploring
110 of its 160 captivating rooms. Guests will be
able to see the infamous rooms of Sarah’s
stately mansion and see the unique attributes
that give the mysterious mansion its name.

Immerse yourself in Africa’s essence at Safari West!
Join one of our expert guides as you climb aboard a
safari vehicle and adventure among herds of giraffes,
rhinos, zebras, wildebeest, cape buffalo, and more.

Stroll amongst dozens of birds species in our vast
aviary and spot cheetahs, lemurs, and many more
surprises as you walk through the heart of our
preserve. From the amazing victories in conserving
Sahara desert antelope to the ongoing fight to protect
rhinos, the world of wildlife is filled with fascinating and important stories. Their mission is to connect you
to the natural world and empower you to help us
make sure the beauty of the wild stays around for
generations to come. Join us – you’re the vital
element in this extraordinary journey! Following , you
will be treated to a wonderful Barbecue Lunch
complete with Chicken, Pulled Pork, Sliders, Salads,
Vegetables and lots more! Breakfast is included.

CHECKS TO VISALIA GADABOUTYS $495

THE GRAND CANYON AND SO
MUCH MORE Highlights will include:

The Verde Canyon Railroad, The Grand
Canyon, / Grand Canyon National Park,
Jerome, an old mining town & melting pot,
chuckwagon supper at the “Blazin M Ranch &
Western Stage Show. Also. Narrated Trolley
tour in Sedona, Chapel of the Holy Cross. I am
working on this one as well!
JULY 2025
The Great Elephant Migration began in
Newport, Rhode Island, before the herd
took up residence in New York City, where
they will remain through 20 October 2024.

In December, they will venture down to
Miami, Florida, before travelling to
Browning, Montana for May-June 2025.

The migration will end in Los Angeles,
California in July 2025 100 magnificent Indian
Elephants are migrating across the USA to share their
story with the world. The Great Elephant Migration is
a global fundraising adventure to amplify indigenous
knowledge and inspire the human race to share space.

A collaboration between indigenous artisans,
contemporary artists and cultural institutions, it will raise millions of dollars to power humanwildlifecoexistence projects and protect migratory animals making spectacular journeys across land,
rivers and oceans. As the elephants travel the world,
they will tell the story of Asia’s wild elephants and the indigenous communities living alongside them, where
people and elephants coexist in the densest
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populations in the world. More info will be
coming soon0
PLUS”

THE NETHERCUTT

WRIGLEY MANSION TOUR

SONY PICTURES STUDIO TOUR
SUGGESTIONS? WHAT DO YOU WANT TO DO?
Our longer tours! 2024 - 2025

COLOR FLIERS AVAILABLE
DECEMBER 3, 2024

NEW ORLEANS HOLIDAY
With Premier World Discovery
Highlights: 4 nights in the French Quarter, French Quarter Walking Tour, French Market, Café du Monde, Paddlewheeler Cruise, New Orleans School of Cooking, New Orleans City Tour, Garden District, Oak Alley Plantation, Court of Two Sisters Dinner, Reveillon Dinner, Celebration in the Oaks and Long Vue Gardens & House. RT air from Fresno, 7 meals…and so much more. Color Flier is available. $100 pp Booking Discount with final payment by check..You pay $2775 pp DBl or add $625 for single.

THE AMAZING
5 NIGHT

MEXICAN RIVIERA

ON THE BEAUTIFUL

CARNIVAL FIRENZE
JANUARY 23, 2025
THE PRICING IS AMAZING!

AMAZING

AMAZING
Ports of Call:

LONG BEACH DAY 1
FUN DAY AT SEA DAY 2
CABO SAN LUCAS DAY 3
FUN DAY AT SEA DAY 4
ENSENADA DAY 5
LONG BEACH DAY 6
INSIDE CABINS START AT $ 506.65 PERSON
OCEAN VIEW CABINS START AT $ 566.65
BALCONYS START AT $ 681.65
Rates are based on double occupancy! Includes cabin, all taxes AND GRATUITY

All I need :

Your legal
names, date of
birth, address,
phone number,
partner name,
past Carnival
Traveler? And a credit card.

Travel protection available $65 -$79 PP
Get your deposits in NOW
FEBRUARY 26 – MAR 6, 2025

LONDON AND PARIS
with Collette Vacations
Highlights And Inclusions
Your Tour Includes 2 Handpicked
Accommodations 11 Meals 2 Choice on
Tour Option Embark on a tour of Windsor
Castle. Cross the English Channel aboard
the Eurostar Train. Take advantage of
leisure time in both London and Paris.

Cruise along the Seine against a backdrop of
Paris' glittering skyline. Discover London on
a walking tour to Westminster and see the
Changing of the Guard at Buckingham
Palace. Experience a quintessential
English afternoon tea. Enjoy London’s
culinary renaissance at a dinner featuring
contemporary British cuisine. Savor an exclusive
dinner at the Eiffel Tower, featuring delicious cuisine and breathtaking views. Highlights Westminster
Abbey Buckingham Palace Covent Garden
Windsor Castle Eurostar Train Choice on Tour: Paris
City Tour by Bus or Montmartre by Metro Walking
Tour Arc de Triomphe Eiffel Tower Dinner Seine
River Cruise You can add a 4 day 3 night
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Amsterdam Extension for $1499 pp. You can also
add PRE or POST extensions in London and Paris.

Book now and Save $200 per person (already
included in this price) $3999 pp Single $5199
MARCH 20-28, 2025

EXPLORE NORTHERN ITALY
With Collette Vacations
Highlights….Treviso, Tiramisu Cooking Class, Verona, Choice of Tour: Verona Painted City or Verona and its Waters Walking Tours, Murano Glass Blowing Demonstration, Venice, Asolo, Prosecco Winery Tour, The Dolomites, Bassano del Grappa and Venetian Villa Visit. The itinerary is packed with awesome sites.

Pick one up! Air from Fresno 14 meals
Book now and save $200 person NOW $3499 DBL Single only $3799
MARCH 26

HOLLAND TULIPS & THE RHINE RIVER
CASTLES CRUISE 10 DAYS
With Premier World Discovery and
The Amadeus Cara
Featuring Amsterdam & 7 nights on the Amadeus Cara Highlights:

AMSTERDAM & KEUKENHOF GARDENS Amsterdam started as a
small fishing village in the late 12th century & today is one of the world’s most important ports. The city has one of the largest historic centers in Europe with about 7,500 registered historic buildings & 90 islands linked by 400 bridges. Enjoy an Amsterdam City Tour & Canal Cruise featuring views of beautiful homes through the intricate canal system. Outside of Amsterdam, visit the famous Keukenhof Gardens, the Garden of Europe and the world’s 2nd largest flower garden with 7 million bulbs planted annually.

This showplace for the tulip growers of the Netherlands features numerous sculptures between the flower beds to create harmony between art and nature. Visit the famous village of Zaanse Schans featuring windmills, wooden shoes & historic buildings. STRASBOURG, FRANCE Capital city of the Alsace region in northeastern France, Strasbourg is situated on the Rhine at the German border. Enjoy a Strasbourg City Tour & Canal Boat Cruise. Start with a short coach trip through the city, then walk through the lovely, historic old town and see the famous cathedral. During a boat cruise discover the famous quarter, “Petite France”. This former mill and tanner district still maintains its medieval charm. See some of Strasbourg’s famous half-timbered houses, and the Council of Europe. SPEYER Arrive in Speyer, one of Germany’s oldest cities, known for its cathedral, numerous churches and the 13th-century Altpörtel (“Old Gate”). Explore the city during your Speyer Walking Tour. Cruise to Mannheim & maybe take an optional excursion to historic Heidelberg to visit the red-walled castle with beautiful views of the Neckar Valley. RÜDESHEIM - RHINE RIVER GORGE - KOBLENZ Enjoy a stroll through Rüdesheim and explore the Drosselgasse, a narrow alley lined with wine taverns and restaurants on your own or maybe take an optional Rüdesheim Wine Tasting Tour. Today your ship cruises through the Rhine River Gorge, a UNESCO Heritage Site and the most stunningly beautiful stretch of the river with hillsides dotted with fairytale castles, historic towns and vineyards. Arrive in Koblenz and enjoy a Koblenz Walking Tour of this charming Rhineland town situated at the confluence of the Rhine & Moselle Rivers. COCHEM Cochem is a charming town on the Moselle River, surrounded by vineyards. Enjoy a Cochem Walking Tour featuring the picturesque old town with halftimbered houses, a historic market square, and a baroque town hall. Enjoy a Wine Tasting at a local winery including the region’s famous Riesling. Then visit either the Reichsburg or the Eltz Castle, both majestic castles offer stunning views. COLOGNE Cologne is Germany’s 4th largest city and located on both sides of the Rhine. Enjoy a Cologne Walking Tour of the Old Town (Altstadt) and see the massive iconic 13th century Gothic cathedral. Explore the dock side taverns, cafes and shops SEE COLOR FLIER FOR CRUISE AND COMPLETE FLIER.

PRICES START AT $5795 & include air
MARCH 28 – APRIL 4, 2025

HISTORICAL GREENBRIER
FEATURING WASHINGTON D.C. AND
WILLIAMSBURG with Collette Vacations
Highlights And Inclusions
Your Tour Includes 4 Handpicked Accommodations
12 Meals Spend two nights at The Greenbrier,
America’s Resort. Visit a Smithsonian museum of
your choice in Washington, D.C. Explore the
formerly-secret bunker hidden under The Greenbrier.

Enjoy day and twilight tours of DC’s iconic
monuments and memorials. Stroll the grounds of
historic Colonial Williamsburg. Enjoy lunch at a
colonial tavern. Spend two evenings dining amid
The Greenbrier’s grandeur. Highlights Smithsonian
Museums, Twilight Monument Tour Arlington
National Cemetery Greenbrier Bunker Tour
Monticello Tavern Lunch Choice on Tour: American
History or Black History Tour of Richmond Colonial
Williamsburg Mount Vernon AIR FROM FRESNO
DOUBLE OCCUPANCE PRICE $4399 PER PERSON
SINGLE $5499 A fu
ll color brochure is available
APRIL 7 5 DAYS

WASHINGTON DC CHERRY BLOSSOM
5 nights in one hotel Premier World Discovery
Highlights: Arlington National Cemetery, DC City Tour, White House Visitor Center, Smithsonian Institution Museums, Library of Congress, Capitol Visitor Center, Potomoc Cherry Blossoms Cruise, DC Twilight Illumination Tour, DC Memorial Visits, Mt Vernon, US Naval Academy, Annapolis, MD, Ford’s Theater, Center for Education & Leadership. Air from Fresno…THIS IS ONE FANTASTIC TOUR!!!!!!!!!!!! $3775 PP DOUBLE A$4600 SINGLE
APRIL 22 9 DAYS
ATHENS & The Greek Islands
WITH Premier World Discovery
Highlights: 3nights in Athens, 2 nights in Mykonos, 2 nights in Santorini, Athens City Tours, The Acropolis Museum, The Acropolis & Parthenon, The Plaza & Syntagma Square, Ancient Olympic Stadium, Mykonos, Delos Tour, Santorini Tour,
Santorini Winery Visit & Tasting, Oia Village Walking Tour, Greek Island Ferry Rides and roundtrip air from Fresno. See the dolor flier for more information. $5049 pp DBL $6149 single
MAY 23-3045, 2025
AMERICA’S MUSIC CITIES featuring Nashville,
Memphis and New Orleans with Mayflower
Tour Highlights include 11 meals, roundtrip airport
transfers once on tour. Spend 2 nights at the Gaylord
Opryland Hotel and enjoy a sightseeing tour of Nashville Honky Tonks & Music Row. Visit the Country Music Hall of Fame& Museum. The Smithsonian of Country Music.

Reserved seats to the Granddaddy of country shows, the
Grand Ole Opry. Tour historic RCA Studio B, the recording home of musicians Elvis Presley & Chet Atkins. In
Memphis, visit the Stax Museum of American Soul & Sun
Studio, known as “The Birthplace of Rock ‘n’ Roll/ Spend the day at Elvis Presley’s Graceland & tour the mansion, the mediation garden, his custom airplanes & car museum. Visit the Delta Blues Museum & have lunch at Ground Zero Blues Club. Tour the B. B. King Museum & trace the roots of the Blues through the life of the man himself. Take a narrated tour of Vicksburg National Military Park with a license guide. Tour the majestic Oak Valley Plantation. A narrated tour of New Orleans to see the historic French Quarter, Garden District and Bourbon Street. New Orleans Jazz
187
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dinner cruise on the Mississippi River! THIS IS ONE
FANTASTIC TOUR WITH SO MUCH TO SEE! $3979 PER
PERSON DBL SINGLE ADD $1149
Mayflower Cruises & Tours
JULY 11-17

SPOTLIGHT ON SOUTH DAKOTA
With Collette Vacations Highlights: Mount
Rushmore, Oglala Lakota Living History Village, Badlands National Park, Wall Drug, Deadwood, Choice on Tour: Adams Museum or Story of the Bison Interpretive Center, High Plains Heritage Center, Off0Road Jeep Safari at Custer State Park, Crazy Horse Memorial, Devils Tower National Monument See color flier for more info BOOK NOW AND SAVE $300 PER PERSON
$2999.99 DBL
SINGLE IS $3799
JULY 16, 2025
OCTOBER 1, 2025
PORTUGAL & the DOURO RIVER CRUISE
with Mayflower
Highlights of your amazing cruise include, of course, air from Fresno, 22 meals, airport transfers in Portugal, visit 2 countries with a 2 night stay in Lisbon before cruising. 7 night cruise on the Emerald Radiance. First class
service onboard. Onboard activity manager, shore
excursions, all gratuities, personal listening device,
complimentary regional wines, beer and soft drinks
onboard. Complimentary bottled water, WIFI and
evening entertainment.

A color flier is available. Lead in cabin cost is $5195.00 person. SPACE IS LIMITED
This will be one amazing tour and cruise!
Mayflower Cruises & Tours
SEPT. 6, 2025 7 DAYS

CAPE COD & THE ISLANDS
With PREMIER WORLD DISCOVERY
This beautiful tour takes you straight to Boston. HIGHLIGHTS INCLUDE: 5 nights in Cape Cod, 1 night in Boston, Boston City Tour, Faneuil Hall Marketplace, Martha’s Vineyard City Tour, Nantucket Island Visit, Nantucket Whaling Museum, Plimoth Plantation, Provincetown, Cranberry Bog, Cape Cod National Seashore, Newport, RI, Breakers Mansion, New England Lobster Dinner, Newport City Tour, ….Air from Fresno and 9 meals. Please see color flier for more information. Only $3725 person which included $100 off pp…Single add $875
SEPT 18, 2025
ALPINE COUNTRIES : SWITZERLAND, AUSTRIA
& GERMANY FEATURING THER GOLDEN PASS

PANORAMIC TRAIN RIDE FROM MONTREUX TO
GSTAAD 9 DAYS
With Premier World Discovery

I CANNOT BEGIN TO TELL YOU HOW EXCITED I AM
ABOUT THIS NEW TOUR,. Highlights: 3 night stay in Bern, Switzerland, Bern City Tour, Gruyeres & Cheese Making
Demonstration, Golden Pass Panoramic Train Ride, Montreux & Gstaad, Lucerne Walking Tour, Chapel Bridge of Lucerne, 4 night stay in Innsbruck, , Innsbruck Walking Tour, Hofburg & Golden Roof, Swarovski Crystal World, Salzburg Guided Tour, Mirabelle Gardens, St. Peter’s Restaurant, Bavaria & Tour Linderhof Palace and Tylo Folklore Show. Also….Air from Fresno, taxes and fees, 11 meals, motorcoach and just so much more. $5299 person based on dbl Single add $950
Vienna Extension available. See color flier for details.

OCTOBER 5 – 14 , 2025
SUNNY PORTUGAL with optional 4 – night
Madeira Island Post Tour Extension This is a 10 day tour with air from Fresno and 13 meals. HIGHLIGHTS include: Lisbon, Choice on Tour: “Calcadas: Walking Tour or “The Way of the God” Tour, Belem, Cork Factory, Evora, Alentejo, Lagos, Algarve, Portimao, Setubal, Portuguese Riviera, Obidos, Sintra, Choice on Tour: National Palace of Sintra OR Walking Tour, and UNESCO World Heritage Sites. Stay at the Turim Marques Hotel in Lisbon…2 nights, Vila Game in Evora 1 night,,, 2 nights Vila Gale in Algarve and 2 nights in Vila Gale Cascais Hotel in Cascais. You can add the 5 day 4-night extension Madeira Island Post Tour Extension for $1699 pp double
PRICE OF THIS TOUR $3899 (WHICH INCLUDES $550 DISCOUNT ON THIS TOUR…DBL) SINGLE IS $4499 WHICH ALSO INCLUDED $550 DISCOUNT. See color flier for more information

OCTOBER 11-19, 2025
GREECE
Featuring Athens, Mykonos & Santorini
Excited to offer this tour to you! Highlights include: 11 meals, airport transfers on tour, included panoramic city tour of Athens. Visit the ancient Parthenon with a local guide. Discover antiquities at the Acropolis Museum. High speed ferries between Athens & the islands of Mykonos & Santorini /
Orientation tours on the islands of Mykonos & Santorini.

Experience oil tasting on MyKonos plus enjoy a free day on Santorini. Also: See the historic ruins of THE TEMPLE OF ZEUS & HADRIAN’S GATE, Syntagma Square, Parliament Bldg and the Tomb of the Unknown Soldier guarded by Evzones. Enjoy Little Vernice, Paraportiani Church and Kastro Area, Just an amazing amount of awesome things to see! Check out the full color flier for this fantastic tour with air out of Fresno $4699 per person includes air
(add $1775 for a single)
Mayflower Cruises & Tours
OCTOBER 29, 2025
9 DAYS

HIGHLIGHTS OF ENGLAND, SCOTLAND & WALES

WITH PREMIER WORLD DISCOVERY
HIGHLIGHTS: EDINBURGH CITY TOUR, LONDON CITY TOUR,

BUCKINGHAM PALACE CHANGING OF THE GUARD, EDINBURGH

CASTLE, CARDIFF CITY TOUR & CARDIFF CASTLE, SCOTCH

WHISKEY,EXPERIENCE & TASTING, YORK TOUR & YORK MINSTER, STRATFORD-UPON-AVON, SKAESPEARE’S BIRTHPLACE, ANNA
HATHAWAY’S COTTAGE, STONEHENGE, BRISTOL & BATH &
ROMAN BATHS MUSEUM. ALSO INCLUDED RT AIR FROM FRESNO,
7 NIGHTS 1ST CLASS HOTEL ACCOMODATIONS, 10 MEALS AND SO SO MUCH MORE. COLOR FLIER IS AVAILABLE WITH PLENTY OF
INFO. $4550 PP DBL (REFLECTS $200 OFF PP) SINGLE
ADD $925.

NOVEMBER 10-18, 2025
TROPICAL COSTA RICA with optional 3 night
Jungle Adventure Pre Tour Extension WITH
Collette Vacations
Highlights: San Jose, Coffee Plantation, Arenal Volcano, Cano 188
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Negro Refuge, Lake Arenal Cruise, Farm Tour & Lunch,
Monteverde Cloud Forest, Choice on Tour: Monteverde Hanging Bridges or Canopy Adventure, Guanacaste, air from Fresno and so much more. See Color Flier for more details. CALL FOR PRICING $3199.00 DBL OR $3699 SINGLE
December 6-14, 2025

CHRISTMAS MARKETS ON THE ROMANTIC RHINE
With the Netherlands, France and Switzerland
with Mayflower
FREE AIR FROM FRESNO UNTIL MAY 14, 2024
Exceptional Inclusions: 20 meals, airport transfers on tour, Seven night Cruise, First-class service by an English Speaking Crew, Shore excursions, personal listening device, all meals with a variety of international cuisine, complimentary regional wines, beer and soft drinks. You’ll have an onboard activity manager, complimentary WIFI onboard and all gratuities included. Complimentary bikes onboard for use ashore. See Unesco World Heritage canal system, reflect on the bygone era of the Dutch Golden Age. You’ll visit 7 idyllic Christmas Markets. See Koblenz, Amsterdam, Cologne, Ludwigshafen, Heidelberg, Kehl, Strasbourg, Breisach, Basel and Zurich Other highlights: Upon arrival arrive in the town of Basel, Switzerland. Your captain & crew await to welcome you onboard the luxurious Emerald Cruises Star-Ship. Here we go! Black Forest Regio in Germany, Hofgut Sternen complex at the foothill of Ravenna Gorge..the site where, in 1770, Marie Antoinette stopped with 52 beautifully decorated carriages on the way to her wedding to King Louis XVI See Kehl, stroll along Grand Ile , the Old Quarter “La Petite France”, Ludwigshafen, the Church of the Holy Spirit & the oldest University in Germany. Sail through Rhine Gorge, the German Corner monument, Ehren Breitstein Fortress crossing the river via aerial tram.

Visit more than 100 glittering, festive, cottage-style stands filled with Lebkuchenherzen & other special treats & handicrafts. JUST SO MUCH MORE THIS IS PERFECTION IN A TRIP!
.…SEE FULL COLOR BROCHURE

CABINS BEGIN AT
$3715 CAT E………..$3925 CAT D
$4475 CAT C…….$4909 CAT B
$5079 CAT A……..$5675 CAT S
$6445 CAT SA
DECEMBER 10, 2025

VIENNA & THE CHRISTMAS MARKETS OF THE
DANUBE. With Premier World Discovery
Oh the places you’ll go! Frankfurt, Rothenburg,
Nuremberg, Regensburg, Passau, Melk, and Vienna. 6
nights aboard the beautiful Amadeus Nova. Highlights:

Vienna City Tour, Nuremberg City Tour & Christmas
Market, Frankfurt Christmas Market, Rothenburg Walking
Tour & Christmas Market, Melk Abbey & Glühwein Tasting, Extended Vienna Port Docking. 18 meals Regional Wine &
Beer with Dinners…and MORE Extended Port Docking in
Vienna and so much more.

CAT E $4895 CAT D $5195 CAT C $5595
CAT B $5795 CAT A $5995 SUITE $6495
All per person….Air from Fresno Included!
This is a fantastic trip, I promise!

And one last thing, please
call me to book your cruises
and tours that are not on the
trip sheets!
It doesn’t cost you a penny
more to go through me. And
sometimes I can find you
rates lower than what you
see online on the cruises. It
would be greatly appreciated.
coming 2025 – 2026

MISSISSIPPI RIVER
CRUISE

ALASKA CRUISE

FALL FOLIAGE

EASTERN UNITED
STATES

COLUMBIA AND

SNAKE RIVER CRUISE
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A COLOR FLIER IS AVAILABLE FOR YOU!
PRICES VARY DEPENDING ON YOUR CABIN CHOICE. ALSO
INCLUDED: RT AIR FRESNO, 6 NIGHT CRUISE, 18 MEALS, hand selected wines and beer with dinner, welcome and farewell dinners, wi-fi on board Nuremburg City Tour & Christmas Market, Rothenburg Walking Tour & Market, Regensburg
Walking & Market and Melk Abbey & Gluehwein Tasting and A COLOR FLIER IS AVAILABLE FOR YOU!
PRICES VARY DEPENDING ON YOUR CABIN CHOICE. ALSO
INCLUDED: RT AIR FRESNO, 6 NIGHT CRUISE, 18 MEALS, hand selected wines and beer with dinner, welcome and farewell dinners, wi-fi on board Nuremburg City Tour & Christmas Market, Rothenburg Walking Tour & Market, Regensburg
Walking & Market and Melk Abbey & Gluehwein Tasting and 190
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0496 Agenda Date: 12/16/2024 Agenda #: 5.

Agenda Item Wording:

Ordinance Adoption to Authorize an Airport Lease Agreement - Introduction of the first reading of Ordinance No. 2024-18 to authorize the City Manager to execute an Airport Lease Agreement between the City of Visalia and Air Methods, LLC for its location at the Visalia Municipal Airport Administration Building.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Jody Miller, Airport Manager, 713-4282, [email protected]; John Lollis, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council introduce the first reading of Ordinance No. 2024-18, authorizing the City Manager to execute an Airport Lease Agreement with Air Methods, LLC in its current location at the Visalia Municipal Airport Administration Building for three (3) years with two (2) single year renewal options at the lease rent rate of Eight Hundred Sixty-Nine dollars and twelve cents ($869.12) monthly with annual Consumer Price Index (CPI) adjustments.

Background Discussion:

The City of Visalia and Air Methods, LLC currently have two (2) separate lease agreements at the Visalia Municipal Airport, including one agreement for space in the Airport Administration Building, and the second agreement for a hangar.

The City first entered into a lease agreement for air ambulance operations at the Airport with SkyLife Helicopters in February 2012, including the use of approximately 845 square feet in the Airport Administration Building for crew quarters and office space for a term of four (4) years. A successor lease with SkyLife was executed in September 2016 for a term of four (4) years. In January 2020, Air Methods Corporation assumed the lease from SkyLife and entered into a new lease for four (4) years, expiring December 31, 2023, after which they have continued leasing the space on a month to month basis.

This newly proposed Airport Lease Agreement for the space within the Visalia Airport Administration Building would cover a period of three (3) years with two (2) single year renewal options. This proposed Agreement would begin on January 1, 2025, with a potential agreement end date of December 31, 2029, should both option years be executed. The adoption of an Ordinance is required by the City Charter for lease agreements with a duration of more than five (5) years.

Over the past year, Air Methods has made changes to options at the Airport, splitting its staff between Visalia City Council Page 1 of 3 Printed on 12/13/2024
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File #: 24-0496 Agenda Date: 12/16/2024 Agenda #: 5.

Over the past year, Air Methods has made changes to options at the Airport, splitting its staff between the lease space in the Airport Administration Building and its hangar, which the proposed Amendment would allow both Air Methods and Airport staff a duration of time to verify that the new crew alignment is effective prior to committing to a long-term agreement.

Staff recommends the Amendment to the Agreement as the space within the Airport Administration Building is uniquely suited for Air Methods, as the overnight crews utilize the previous Fire Station rest areas, bathroom, kitchen, and living room space. Should an Agreement not be reached for that space and Air Methods chooses to move its crews, Airport staff would likely be unable to find another tenant that fits the space within the Airport Administration Building, resulting in a considerable loss of revenue.

In addition to being a great addition to the Airport in terms of operations and revenue, the air ambulance operation is a valuable asset to the entire community and broader region, adding to the level of public health and safety for Visalia residents and visitors.

Fiscal Impact:

The Airport would continue to receive Eight Hundred Sixty-Nine dollars and Twelve cents ($869.12) as the monthly lease rent rate consistent with the market rate established by the Federal Aviation Administration, plus annual CPI adjustments for a minimum of three (3) years with the potential of five (5) years should Air Methods exercise the two (2) single year renewal options. Additionally, the Airport will continue to make ancillary profits from the Agreement in the form of fuel sales.

Prior Council Action:

February 21, 2012: Council authorized an Airport Lease Agreement between the City and SkyLife Helicopters for space in the Airport Administration Building June 1, 2020: Council authorized the current Airport Lease Agreement between the City and Air Methods Corp for hangar space at the Visalia Municipal Airport Alternatives:

City Council could not authorize the execution of the Amendment or direct staff to further negotiate the proposed Amendment.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2024-18, authorizing the City Manager to execute an Airport Lease Agreement lease between the City of Visalia and Air Methods, LLC for its Visalia Municipal Airport Administration Building location, for the specified terms and rent rate.

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

1. Draft Ordinance No. 2024-18

2. Draft Airport Lease Agreement
Visalia City Council Page 2 of 3 Printed on 12/13/2024
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File #: 24-0496 Agenda Date: 12/16/2024 Agenda #: 5.

3. Airport Lease Agreement - January 1, 2020

4. City Council Staff Report - February 21, 2012
Visalia City Council Page 3 of 3 Printed on 12/13/2024
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ORDINANCE NO. 2024-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT

BETWEEN THE CITY OF VISALIA AND AIR METHODS, LLC FOR UP TO FIVE

YEARS FOR THEIR PREVIOUSLY LEASED SPACE AT THE VISALIA MUNICIPAL

AIRPORT ADMINISTRATION BUILDING
WHEREAS, the City of Visalia owns and operates certain real property commonly referred to as the Visalia Municipal Airport, and
WHEREAS, the City of Visalia currently leases part of that property to Air Methods, LLC for the purposes of air crew living space to support its air ambulance services at the Visalia Municipal Airport on a month to month basis after the previous lease agreement ended, and WHEREAS, Air Methods, LLC is a long-time tenant of good standing at the Visalia Municipal Airport, and
WHEREAS, the City of Visalia desires to enter into an a lease agreement with Air Methods, LLC for three (3) years plus two (2) separate one (1) year options for said demised premises potentially extending the agreement for up to five (5) years.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA,
Section 1. The City Manager of the City of Visalia be and is hereby authorized to execute on behalf of the City of Visalia, a Lease Agreement by and between the City of Visalia Municipal Airport as Lessor and Air Methods, LLC. as Lessee.

Section 2. This ordinance shall go into effect thirty (30) days after its passage. 194
Facility Agreement 6/04/2020 Page 1

AIRPORT LEASE AGREEMENT
This Lease Agreement is made and entered into this 1st day of January 2025, by and between the City of Visalia, a Municipal Corporation of the State of California, hereinafter referred to as “LESSOR” and Air Methods LLC, hereinafter referred to as “LESSEE”.

For and in consideration of the payment of rent, taxes, and other charges and of performance of the covenants and conditions hereinafter set forth, LESSOR hereby Leases to LESSEE the real property located at the Visalia Municipal Airport and situated in the City of Visalia, County of Tulare, State of California, more particularly and legally described as set forth in Paragraph 1B. below.

1. DEMISED PREMISES
A. Definition - Except as expressly provided to the contrary in this Lease, reference to “Demised Premises” is to the described land plus any described appurtenances, including any improvements (including LESSEE’s improvements), now or hereafter located on the Demised Premises, without regard to whether ownership of the improvements is in the LESSOR or in the LESSEE.

B. Description – The premises consists of that portion of the Visalia Municipal Airport Administration Building as indicated in Exhibit A, attached hereto, which is approximately 845 square feet. LESSEE has the right to use the common areas of the Premises as designated by the Airport Manager. In addition, LESSEE shall have the right to utilize approximately 2,500 square feet of ramp space as indicated in Exhibit B, for the purpose of parking and fueling rotary winged aircraft.

2. TERM
A. The term of this Lease shall be for a period of three (3) years commencing on the 1st day of January 2025 and ending on the 31st day of December, 2027, unless sooner terminated as provided for herein.

B. In addition, LESSEE shall have the right, but not the obligation, to extend the original term of the lease by two (2) additional option periods of one (1) years each, provided LESSEE shall not be in default of any term of condition contained herein at the time of exercising said options. LESSEE shall provide LESSOR with written notification of LESSEE’s intent to exercise the option period within sixty (60) days of the end of the term. Provided the LESSOR determines 195
Facility Agreement 6/04/2020 Page 2
the LESSEE is not in default of any term or condition, LESSEE and LESSOR shall execute an amendment to this Lease amending and extending the Lease term for the option period. All other terms and conditions, unless otherwise agreed to shall remain in full force and effect.

C. TERMINATION RIGHTS- LESSEE shall have the right to terminate this LEASE any time during the term of this lease upon Sixty (60) days written notice to LESSOR.

3. LEASE RENT
A. INITIAL MINIMUM RENT - LESSEE shall pay without abatement, deduction or affect, a net minimum annual rent of Ten Thousand Four Hundred Twenty-Nine dollars and Forty-Four cents ($10,429.44), all due and payable in equal monthly installments of Seven Hundred Forty-Nine dollars and Two cents ($869.12) beginning on the 1st day of January, 2025 and continuing thereafter throughout the entire term of this agreement.

B. RENT ADJUSTMENTS - The minimum annual rent shall be adjusted each and every year, beginning on the first anniversary date of the Lease term and continuing thereafter throughout the entire Lease term, to reflect the percentage change in the Consumer Price Index. For purposes of this agreement, the Consumer Price Index shall be the California Consumer Price Index (all urban consumers, all items) as released by the California Division of Labor Statistics and Research. Said adjustment shall be calculated as follows:

The minimum annual rent charged for the twelve month period being concluded shall be multiplied by the percentage increase in the Consumer Price Index for the last month released prior to each anniversary date of this Lease. The new minimum annual rent shall thereafter be paid in twelve (12) equal monthly installments for each twelve (12) month period in accordance with subdivision A herein. In no event shall the minimum annual rent be decreased.

The Consumer Price Index as used herein is based on the 1982-84=100 index. Should the Division of Labor Statistics and Research change the 1982-84=100 index, the above referenced formula shall be converted to reflect said change.

C. In the event LESSEE is delinquent in remitting the rent by the tenth (10th) day of each and every month throughout the entire Lease term, then the rent not paid when due shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid.

4. TAXES AND ASSESSMENTS: “PUBLIC CHARGES”
A. Obligations of LESSEE: From and after the date of execution of this Lease, LESSEE shall pay or cause to be paid all real estate taxes, assessments, and other governmental 196
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charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever applicable to the possessory interest of LESSEE in the Demised Premises, as created and established by this Lease, and the building improvements thereon, including but not limited to assessments for public improvements or benefits which shall for any period subsequent to the execution of this Lease and during the term hereof be assessed, levied or imposed upon or become due and payable and a lien upon said possessory interest and building and improvements thereon (specifically excepting therefrom any and all subsurface rights, if any, held or used by others who may have or claim any of the same, LESSEE assuming no liability whatsoever for the taxes, general and special assessments or other charges levied or assessed thereon), all of which taxes, assessments, levies and other governmental charges to be paid by LESSEE are referred to in this Lease as “public charges”; provided however, that if by law any such public charges are payable or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such public charge), LESSEE may make such payments in installments as the same respectively become due and before any fine, penalty, or cost may be added thereto for the non-payment of any such installment; and provided further that any public charge relating to a fiscal period of the taxing authority expiring after the termination or expiration of this Lease, any part of which fiscal period is included within the time prior to termination or expiration of this Lease, shall (whether or not during the period prior to termination or expiration of this Lease such public charge shall be paid, assessed, levied or posed upon or become due and payable) be apportioned between the parties.

B. Time of Payment: All payments to be made by LESSEE pursuant to the provisions hereof shall be made before any fine, penalty, interest or cost may be added thereto for the non-payment thereof; and the LESSEE shall furnish LESSOR within sixty (60) days after the dates when the same are payable, as herein provided, with official receipts or other evidence satisfactory to LESSOR that such public charges or excise on rents or other tax or assessments in lieu thereof as aforesaid has, to the extent of the aforesaid, been paid.

C. Contest: LESSEE may contest the legal validity or amount of any public charges for which LESSEE is responsible under this Lease and may institute such proceedings as LESSEE considers necessary. If LESSEE contests any such public charges, LESSEE may withhold or defer payment or pay under protest but shall protect LESSOR and the Demised Premises from any lien by adequate surety bond or other appropriate security.

LESSOR appoints LESSEE as LESSOR’s attorney in fact for the purposes of making all payments to any taxing authorities and for the purpose of contesting any such public charge.
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D. Exclusions: LESSEE’s obligation to pay public charges levied or charged against said possessory estate or buildings or improvements or against specified personal property, shall not include the following whatever they may be called: business income or profit taxes levied or assessed against LESSOR by federal, state or other governmental agencies; estate, succession, inheritance, or transfer taxes of LESSOR; or corporation, franchise, or profit taxes imposed on any owner of the fee title of the Demised Premises.

E. Evidence of Payment: The certificate, advise or bill of the appropriate official designated by law to make or issue the same and to receive payment of any such public charge shall be prima-facie evidence that such public charge is due and unpaid at the time of the making or issuance of such certificate, advise, or bill; and the written receipt of such official shall be prima-facie evidence that the public charge therein described has been paid. LESSOR shall authorize and instruct the assessing authority to forward to LESSEE all bills covering such said public charge.

5. USE OF DEMISED PREMISES
A. Defined - LESSEE shall use said premises for the purpose of operating a helicopter air ambulance service and those activities necessary to support the operation. LESSEE shall not have the right or obligation to use the Demised Premises for any other purpose, nor shall LESSEE provide any other service without express written consent of the LESSOR.

LESSOR maintains the right to access the leased areas for the purpose of ingress and egress to the facility, and any other areas of the Demised Premises at any time, which are not a part of this Agreement.

6. UTILITIES- LESSEE shall be responsible for 60% of monthly electrical utility charges for the Airport Administration Building as designated in Exhibit A for the duration of said Rental Agreement. Such electrical utility charges enforced only while demised premises is in use. Water, Natural Gas, and the remaining 40% are to be paid for by the LESSOR.

In addition, LESSEE shall be responsible for all costs associated with connections and extensions of utilities from 9505 Airport Dr. Visalia, CA 93277 to the Demised Ramp Space as designated in Exhibit B. LESSEE shall be responsible all utility charges and costs associated with the use of said utilities.
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7. BUSINESS LICENSE - LESSEE shall obtain a business license as paid by all people in similar circumstances, within the City of Visalia.

8. RESERVATION OF MINERAL RIGHTS TO LESSOR - All oil, gas, and mineral rights are expressly reserved from this Lease.

9. ASSIGNMENT - The LESSEE shall not assign or transfer the whole or any part of this Lease or any interest herein, nor the whole or any part of the Demised Premises, nor contract for the management or operation of the whole or any part of the Demised Premises, nor permit the occupancy of any part thereof by any other person, nor permit transfer of the Lease or possession of the Demised Premises by merger, consolidation or dissolution, nor permit sale of a controlling interest in the voting stock in said corporation, in each case without the prior written consent of LESSOR, such consent not to be unreasonably withheld. Nothing herein contained shall be construed to prevent the occupancy of said Demised Premises by any employee or business invitee of LESSEE.

10. LESSEE’S ACCESS - LESSEE shall have, subject to modification in the sole discretion of LESSOR, unrestricted right of access to all taxiways, runways and public facilities of the airport and LESSOR shall maintain taxiways sufficient for the use of aircraft to the boundary of the Demised Premises and vehicle access to Demised Premises. (This is subject to change depending on where on the airport the Demised Premises is located.)

11. REPAIRS AND MAINTENANCE -
A. Throughout the Lease term, LESSEE shall, at LESSEE’s sole cost and expense maintain the Demised Premises with the exception of major structural repair and maintenance to the premises during the Lease term, and all improvements now existing and hereafter erected thereupon in good condition and repair, ordinary wear and tear excepted and in accordance with all applicable rules, laws, ordinance, orders and regulations of federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. LESSEE shall promptly and diligently repair, restore, and replace as required to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the improvements.
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B. LESSOR shall perform janitorial maintenance of the common areas of the Demised Premises, including, but not limited to, the removal of litter and waste and/or any foreign object which may pose a hazard to the public and all other routine maintenance. Any question concerning responsibility of maintenance not expressly stated herein shall be directed to the Airport Manager for final and reasonable determination.

12. OWNERSHIP OF IMPROVEMENTS - Throughout the term of this Lease, all improvements identified above, shall be owned by LESSOR. LESSEE shall not remove any improvements from the Demised Premises nor waste, destroy, or modify any improvements on the Demised Premises, except as permitted by this Lease. The parties covenant for themselves and all persons claiming under them that the improvements are personal property.

13. APPEARANCE - LESSEE shall maintain the Demised Premises to the reasonable satisfaction of the LESSOR, and in such a manner that said Premises will be neat and well kept in appearance and a credit to the airport.

14. WARRANTIES - GUARANTEES - COVENANTS - LESSOR makes no warranty, guarantee, covenant, including but not limited to covenants of title and quiet enjoyment, or averment of any nature whatsoever concerning the condition of the Demised Premises, including the physical condition thereof, or any condition which may affect the Demised Premises, and it is agreed that LESSOR will not be responsible for any loss, damage or cost which may be incurred by LESSEE by reason of any such condition or conditions.

15. INSURANCE - FIRE - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept insured for the mutual benefit of the LESSOR, the LESSEE and the holder of any security interest therein, all improvements to the Demised Premises erected thereupon by the LESSEE, against loss or damage by fire and such other risks as are now or hereafter included in extending coverage endorsements in common use for commercial structures, including vandalism or malicious mischief. The amount of the insurance shall be sufficient to prevent either LESSOR or LESSEE from becoming a coinsurer under the provisions of the policies, but in no event shall the amount be less than the “Full Actual Replacement Value”.

Full Actual Replacement value, as used herein, means the cost of repairing, replacing, or 200
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reinstating, including demolishing, any item or property with materials of like kind and quality in compliance with any law or ordinance regulating repair or construction at the time of loss, without deduction for physical, accounting, or any other depreciation. LESSOR shall not carry any insurance the effect of which, would be to reduce the protection or payment to LESSEE under any insurance that this Lease obligates LESSEE to carry. LESSEE may include the holder of any mortgage on the leasehold or on the fee or both as a loss payee; on the LESSOR’s notice of demand LESSEE shall include the holder of any mortgage on the fee as a loss payee to the extent of that mortgage interest. LESSOR shall, at LESSEE’s cost and expense, cooperate fully with LESSEE to obtain the largest possible recovery, and all policies of fire extended coverage insurance required by LESSOR shall provide that the proceeds shall be paid to LESSEE as follows:

A. The proceeds shall be deemed to be held in trust by the recipient to the uses and purposes prescribed by this Lease.

B. Payments of the proceeds for repair, restoration, or reconstruction of improvements shall be made monthly on LESSOR’s certificates until the work is completed and accepted.

C. Any insurance proceeds remaining after complying with the provisions of this Lease relating to maintenance, repair, and reconstruction of improvements shall be the LESSEE’s sole property.

16. INSURANCE - LIABILITY - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept in force, for the mutual benefit of LESSOR and LESSEE, comprehensive broad form general liability insurance against any and all claims and liability for personal injury, death, or property damage arising out of the use or occupancy of the Demised Premises, personal property thereon, improvements or adjoining areas of ways, providing combined single limit of at least One Million Dollars ($1,000,000.00), for any one accident or occurrence, for bodily injury or death to one or more persons, and at least Five Hundred Thousand Dollars ($500,000.00) for Property damage.

17. INSURANCE - WORKERS COMPENSATION - LESSEE shall maintain Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident or occurrence. 201
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18. INSURANCE - GENERAL REQUIREMENTS - All insurance required by express provisions of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that:

A. Any loss shall be payable notwithstanding any act or negligence of LESSOR that might otherwise result in a forfeiture of the insurance.

B. The insurer waives the right of subrogation against LESSOR and against LESSOR’s agents and representatives.

C. The policies are primary and noncontributing with any insurance that may be carried by LESSOR.

D. LESSEE shall furnish LESSOR with copies of all such policies promptly on receipt of them, or with certificates evidencing the insurance. Before commencement of the Lease, LESSEE shall furnish LESSOR with certificates of insurance representing all insurance requirements by this Lease. LESSEE may effect for its own account any insurance not required under this Lease. LESSEE may provide by blanket insurance covering the Demised Premises and any other location or locations any insurance required or permitted under this Lease provided it is acceptable to all mortgagees. LESSEE shall deliver to LESSOR, in the manner required for notices, copies of certificates of all insurance policies required by this Lease, together with evidence satisfactory to LESSOR of payment required for procurement and maintenance of the policy, within the following time limits:

1. For insurance required at the commencement of this Lease, within 30 days after execution of this Lease;

2. For insurance becoming required at a later date, at least 15 days before the requirements takes effect, or as soon thereafter as the requirement, if new, takes effect;

3. For any renewal or replacement of a policy already in existence, at least 30 days before expiration or other termination of the existing policy.

F. LESSOR, and LESSOR’s elected and appointed officials, agents, representatives, and employees are to be named as additional insureds under the policy(ies).

If LESSEE fails or refuses to procure or to maintain insurance as required by this Lease or fails to furnish LESSOR with required proof that the insurance has been procured and is in force and paid for, LESSOR shall have the right, at LESSOR’s election and on twenty (20) days’ notice to LESSEE, 202
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to procure and maintain such insurance. The premiums paid by LESSOR shall be treated as added rent due from LESSEE with interest at the rate of 18% per year, to be paid on the first day of the month following the date on which the premiums were paid. LESSOR shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the date of the notice.

19. INDEMNIFICATION - LESSEE agrees to and shall defend and indemnify LESSOR and LESSOR’s elected and appointed officials, agents, representatives and employees against all thirdparty claims, liability, loss and expense caused or incurred by reason of injury to person or property, or both, including without limitation, injury to the person or property of LESSEE, its agents, officers and employees, arising out of the condition of the Demised Premises or any operations thereof conducted thereupon or therefrom caused by any act or omission or commission by LESSEE, its agents, officers, employees, or invitees, unless caused by LESSOR’s or its agent’s or employee’s negligence or willful misconduct. LESSOR agrees to and shall defend and indemnify LESSEE and LESSEE’s agents , representatives and employees against all third-party claims, liability, loss and expense that LESSEE may sustain to the extent caused by or arising out of the negligence or willful misconduct of LESSOR.

Limitation of Liability - In no event shall either Party, its employees, agents, or contractors, be liable under this Lease to the other Party for any consequential, incidental, indirect, exemplary, special, or punitive damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether either Party was advised of the possibility of such damages.

20. DEFINITION OF DEFAULT BY LESSEE - Each of the following events shall be a default by LESSEE and a material breach of this Lease.

A. Abandonment or surrender of the Demised Premises or of the leasehold estate, or failure or refusal to pay when due any installment of rent or any other sum required by this Lease to be paid by LESSEE, or to perform as required or conditioned by any other covenant or condition of this Lease.

B. The subjection of any right or interest of LESSEE to attachment, execution, or other levy, or to seizure under legal process, if not released within 10 days provided that the foreclosure of any mortgage permitted by provisions of this Lease relating to purchase or construction of improvements shall not be construed as a default within the meaning of this paragraph.
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C. The encumbrance of the Lease, leasehold estate and improvements thereon without the express consent of LESSOR.

D. The appointment of a receiver to take possession of the Demised Premises, or improvements or of LESSEE’s interest in the leasehold estate, or of LESSEE’s operation on the Demised Premises for any reason, including but not limited to, assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings, but not including receivership (1) pursuant to administration of the estate of any deceased or incompetent LESSEE, or (2) instituted by LESSOR, the event of default being not the appointment of a receiver at LESSOR’s insistence, but the event justifying the receivership, if any.

E. An assignment by LESSEE for the benefit of creditors or the filing of a voluntary or involuntary petition by or against LESSEE under any law for the purpose of adjudication of LESSEE’s liabilities; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; unless the assignment or proceeding, and all consequent orders, adjudications, custodies, and supervisions are dismissed, vacated, or otherwise permanently stayed or terminated within 30 days after the assignment, filing or other initial event.

F. Failure to maintain said Demised Premises as required pursuant to the terms of this Lease.

21. NOTICE OF DEFAULT - As a precondition to pursuing any remedy for an alleged default by LESSEE, LESSOR shall, before pursuing any remedy, give notice of default to LESSEE and to all qualifying subtenants whose names and addresses were previously given to LESSOR in a notice or notices from LESSEE. A qualifying subtenant is a subtenant in possession under an existing sublease which is proper under this Lease.

If the alleged default is nonpayment of rent, taxes, or other sums to be paid by LESSEE as provided in the paragraph on rent, or elsewhere in this Lease directed to be paid as rent, LESSEE shall have 10 days after notice is given to cure the default. For the cure of any other default, LESSEE shall promptly and diligently after the notice commence to cure the default and shall have 10 days after notice is given to complete the cure plus any additional period that is reasonably required for the curing of the default. After expiration of the applicable time for curing a particular default, or before the expiration of that time in the event of emergency, LESSOR may at LESSOR’s election, but is not obligated to, make any payment required of LESSEE under this Lease or perform or comply with any covenant or condition imposed on LESSEE under this Lease and the amount so paid plus the reasonable cost of any such performance or compliance, plus interest on such sum at the rate of 10% per year from the date of payment, performance, or 204
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compliance (herein called “Act”), shall be deemed to be additional rent payable by LESSEE with the next succeeding installment of rent. No such Act shall constitute a waiver of default or of any remedy for default or render LESSOR liable for any loss or damage resulting from any such Act.

22. REMEDIES IN THE EVENT OF DEFAULT - If any default by LESSEE shall continue uncured, following notice of default as required by this Lease, for the period applicable to the default under the applicable provision of this Lease, LESSOR has the following remedies in addition to all other rights and remedies provided by law or equity, to which LESSOR may resort cumulatively or in the alternative:

A. LESSOR may, at LESSOR’s election, terminate this Lease by giving LESSEE notice of termination. On the giving of the notice, all LESSEE’s right in the Demised Premises and in all improvements shall terminate. Promptly after notice of termination, LESSEE shall surrender and vacate the Demised Premises and all improvements in broom-clean condition, and LESSOR may re-enter and take possession of the Demised Premises and all remaining improvements and eject all parties in possession or eject some and not others or eject none; provided that no subtenant qualifying under nondisturbance provisions of this Lease shall be ejected. Termination under this paragraph shall not relieve LESSEE from the payment of any sum then due to LESSOR or from any claim for damages previously accrued or then accruing against LESSEE.

B. LESSOR may, at LESSOR’s election, re-enter the Demised Premises, and, without terminating this Lease, at any time and from time to time relet the Demised Premises and improvements or any part or parts of them for the account and in the name of the LESSEE or otherwise. LESSOR shall apply all rents from reletting as in the provision on assignment of subrents. Any reletting may be for the remainder of the term or for a longer or shorter period. LESSOR may execute any Leases made under this provision either in LESSOR’s name or in LESSEE’s name and shall be entitled to all rents from the use, operation, or occupancy of the Demised Premises or improvements or both. LESSEE shall nevertheless pay to LESSOR on the due dates specified in this Lease the equivalent of all sums required of LESSEE under this Lease, plus LESSOR’s expenses, less the avails of any reletting or attornment. No act by or on behalf of LESSOR under this provision shall constitute a termination of this Lease unless LESSOR gives LESSEE notice of termination.

C. LESSOR shall be entitled, at LESSOR’s election, to each installment of rent or to any combination of installments for any period before termination, plus interest at the rate of 10 percent per year from the due date of each installment. Avails of reletting or attorned subrents shall be applied, when received, as follows: (1) to LESSOR to the extent 205
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that the avails for the period covered do not exceed the amount due and charged to LESSEE for the same period, and (2) the balance to LESSEE. LESSOR shall make reasonable efforts to mitigate LESSEE’s liability under this provision. LESSOR shall be entitled at LESSOR’s election to damages in the following sums: (1) all amounts that would have fallen due as rent between the time of termination of this Lease and the time of the claim, judgment, or other award, less the avails of all relettings and attornments and less all amounts by which LESSOR shall reasonably have mitigated those rental losses, plus interest on the balance at the rate of 10 percent per year, and (2) the "worth" at the time of the claim, judgment, or other award, of the amount by which the unpaid rent for the balance of the term exceeds the then fair rental value of the Demised Premises, or the higher/lower of the fair rental value unencumbered by the Lease and improvements. "Worth", as used in this provision, is computed by discounting the total at the discount rate of the Federal Reserve Bank of San Francisco at the time of the claim, judgment, or award, plus one percent. LESSOR shall not be considered to be in default under this Lease unless (1) LESSEE has given notice specifying the default and (2) LESSOR has failed for 10 days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults. LESSEE waives the protections of Civil Code Sections 1932 and 1933.

23. WAIVER OF DEFAULT - No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by LESSEE other than that default in the payment of the particular rental payment.

24. LEASE ENCUMBRANCE - LESSEE understands and agrees that it cannot encumber the Lease, leasehold estate and the improvements thereon by a deed of trust, mortgage or other security instrument to assure payment of any promissory note of LESSEE without the prior express written consent of the LESSOR in each instance, which consent shall be at the sole and exclusive discretion of the LESSOR. If any deed of trust, mortgage or other security instrument that encumbers the Lease, leasehold estate and the improvements thereon is entered into by LESSEE without LESSOR’s prior express written consent, LESSOR shall have the right to declare this Lease in default.

LESSOR will agree to the subordination of its ownership interest to a construction loan, if any, that LESSEE may need to obtain to finance the costs of the construction of the improvements proposed for the property as set forth in the Lease agreement. 206
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25. EMINENT DOMAIN - If the whole or a substantial part of the Demised Premises hereby leased shall be taken by any public authority under the power of eminent domain, the term of this Lease shall cease as to the part taken, from the day the possession of that part shall be taken for any public purpose, and the rent shall be paid up to that day, and from that day LESSEE shall have the right either to cancel this Lease and declare the same null and void or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the Demised Premises taken. All damages awarded for such taking shall belong to and be the property of the LESSOR whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Demised Premises herein leased, LESSEE’s only remedies being the election of cancellation or reduction in rent; provided, however, that LESSOR shall not be entitled to any award made for the taking of any installation or improvements on the Demised Premises belonging to LESSEE.

26. ATTORNEYS’ FEES - If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys’ fees. Arbitration is not an action or proceeding for the purpose of this provision.

27. NOTICES - As used in this Lease, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. No notice of the exercise of any option or election is required unless the provision giving the election or option expressly requires notice. Unless the provision of this Lease on rent direct otherwise, rent shall be sent in the manner provided for giving notice.

A. Writing. All Notices must be in writing, provided that no writing other than the check or other instruments representing the rent payment itself need accompany the payment of rent.

B. Delivery. Notice is considered given either (a) when delivered in person to the recipient named as below, or (b) on the date shown on the return receipt after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or persons intended as follows:

Notice to LESSOR: City of Visalia
City Clerk
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707 W. Acequia
Visalia, CA 93291
Copy to: City of Visalia
Airport Manager
9501 Airport Drive
Visalia, CA 93277
Notice to LESSEE: Air Methods LLC
5500 S. Quebec St., Ste 300
Greenwood Village, CO 80111
C. Change of recipient or address. Either party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual person, whether a party or an officer or representative, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

D. Recipient named. Each recipient named must be an individual person. If more that one recipient is named, delivery of notice to any one such recipient is sufficient. If none of the recipients named in the latest designation of recipient is available for delivery in person, and if the notice addressed by mail to each recipient named in the latest designation of recipient is returned to the sender undelivered, notice shall be sufficient if sent by mail as above to the party as named in this Lease, unless the name or identity of the party has changed as permitted in this Lease and proper notice of the change has been given, in which event the notice shall be sufficient if sent by mail as above to the party named in the latest designating party, and the notice is considered given when the first attempt to give notice was properly made.

28. REGULATIONS - LESSEE shall not conduct, or allow to be conducted upon the Demised Premises, any dangerous or hazardous activities, or any activities considered to be a nuisance to the airport or its tenants and neighbors, and LESSEE agrees to abide by all applicable F.A.A. and U.S. Government rules and regulations, including, but not limited to the following:

A. The LESSEE for himself, his heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a 208
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covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the Demised Premises described herein for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said Regulations may be amended.

B. The LESSEE for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

1. No person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities; and

2. That in the construction of any improvements on, over or under such land and the furnishing or services thereon, no person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and

3. That the LESSEE shall use the Demised Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation, and as said Regulations may be amended.

C. It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958.

D. LESSEE agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that LESSEE may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

E. The LESSOR reserves the right (but shall not be obligated to LESSEE) to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the LESSEE in this regard.
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F. The LESSOR reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the LESSEE, and without interference or hindrance, except that if such development or improvement shall materially interfere with LESSEE”s use of the Demised Premises, and all reasonable accommodations have been exhausted, LESSEE may terminate this Lease immediately.

G. The LESSOR reserves the right to take any action it considers necessary to protect aerial approaches of the airport against obstructions, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the LESSOR would limit the usefulness of the airport or constitute a hazard to aircraft.

H. During the time of war or national emergency the LESSOR shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this Lease, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended.

I. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport.

J. There is hereby reserved to the LESSOR, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for passage of aircraft in the airspace above the surface of the Demised Premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport.

K. The Lease shall become subordinate to provisions of any existing or future agreement between the LESSOR and the United States of America, or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport.

29. CURRENT AND FUTURE AIRPORT REGULATIONS - This Lease and all rights conferred thereby shall at all times be subject to current and future regulations governing any and all 210
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activities at the Visalia Municipal Airport to the same extent that such current and future regulations govern the activities of all persons using the facilities of the Visalia Municipal Airport and occupying structures thereon.

30. MODIFICATIONS - It is understood and agreed by and between the parties hereto that any alterations, modifications, or additions to the structural improvements, including landscaping and the paint colors, on the leasehold Demised Premises by the LESSEE can only be instituted by first obtaining written approval of the LESSOR of the plans, locations and specifications of said structural changes. Alterations, modifications, or additions to the interiors of the improvements shall not be considered structural, provided LESSEE agrees to provide LESSOR one set of “as built” plans for said changes within 60 days of completion.

31. SIGNS - LESSEE agrees that no signs will be painted or erected on the subject Demised Premises unless such signage is first approved in writing by LESSOR and is also approved by the City of Visalia in its governmental capacity. All signage painted or erected on the subject Demised Premises or off-site signage for the benefit or use of LESSEE, shall be in compliance with the City of Visalia ordinance related to signs, zoning and building regulations.

32. AFFECT OF ILLEGALITY - The invalidity or illegality of any provision shall not affect the remainder of the Lease.

33. RELOCATION - LESSOR shall have the right upon six (6) months notice to relocate LESSEE to another location, on airport property. LESSOR shall be responsible for the cost of moving fixed equipment including hangar to the new location. LESSEE agrees that LESSOR will pay no penalties, relocation allowances, damages, or other fees except as stipulated. LESSOR agrees that the rental fees will remain as stated in this contract, should a relocation become necessary, for the balance of the term.

34. TERMINATION RIGHTS - The LESSEE shall have the right to immediately terminate this LEASE in the event the LESSOR exercises the right of paragraph 35. LESSEE shall have the right to terminate this Lease any time during the sixty (60) day period following receipt of notice of relocation.
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35. SURRENDER ON TERMINATION - At the expiration or earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the Demised Premises. Surrender or removal of improvements, fixtures, and trade fixtures shall be as directed in above provisions of this Lease on ownership of improvements at termination. LESSEE shall leave the surrendered Demised Premises and any other property in good and broom-clean condition except as provided to the contrary in provisions of this Lease on maintenance and repair of improvements. All property that LESSEE is required to surrender shall become LESSOR’s property at the termination of the Lease. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR’s election, become LESSOR’s property at termination. If LESSEE fails to surrender the Demised Premises at the expiration or sooner termination of this Lease, LESSEE shall defend and indemnify LESSOR from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding tenant founded on or resulting from LESSEE’s failure to surrender.

36. HOLDOVER - This Lease shall terminate without further notice at expiration of the Lease term. Any holding over by LESSEE after either expiration or termination shall not constitute a renewal or extension, or give LESSEE any rights in and to the Demised Premises, unless as provided in paragraph 2B above. If LESSEE, with LESSOR’s consent, remains in possession of the Demised Premises after expiration or termination of the term or after the date in any notice given by LESSOR to LESSEE terminating this Lease, such possession by LESSEE shall be deemed to be a month-to-month tenancy terminable on thirty (30) days’ notice given at any time by either party.

During any such month-to-month tenancy, LESSEE shall continue to pay all rent required by this Lease. All other provisions of this Lease, except those pertaining to term, shall apply to the month-to-month tenancy.

37. TIME IS OF THE ESSENCE - Time is of the essence of each and all of the terms and provisions of this Lease and this Lease shall inure to the benefit of and be binding upon the parties hereto and any successors of LESSEE as fully and to the same extent as though specifically mentioned in each instance, and all covenants, stipulations and agreements in this Lease shall extend to and bind any successors and sublessees of LESSEE.

38. ACCEPTANCE OF DEMISED PREMISES - By signing this Lease, LESSEE represents and warrants that LESSEE has independently inspected the Demised Premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the Demised Premises. LESSEE agrees it is relying solely on such independent inspection, tests, investigations 212
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and observations in making this Lease. LESSEE further acknowledges that the Demised Premises are in the condition called for by this Lease, and that LESSEE does not hold LESSOR responsible for any defects in the Demised Premises.

39. ENTIRE AGREEMENT - This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, counsel of his own advisors and the warranties, representations, and covenants if any, in the Lease itself. The failure or refusal of either party to inspect the Demised Premises or improvements, to read the Lease or other documents, or to obtain legal or other advise relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection or advise.

40. ABSTRACT OF LEASE - This is the final paragraph and abstract of the Lease dated January 01, 2025, by and between the City of Visalia, LESSOR and Air Methods LLC, LESSEE, concerning the Demised Premises described in Paragraph 1B. herein.

For good and adequate consideration, LESSOR leases the Demised Premises to LESSEE, and LESSEE hires from LESSOR, for the term and on the provisions contained in the Lease including, without limitation, provisions prohibiting assignment, subleasing, and encumbering said Lease without the express written consent of LESSOR in each instance, all as more specifically set forth in this abstract by this reference.

The term is Three (3) years, beginning on the 1st day of January, 2025 and ending on the 31st day of December. 2027.

This abstract is not a complete summary of the Lease. Provisions in the abstract shall not be used in interpreting the Lease provisions. In the event of conflict between the abstract and other parts of the Lease, the parts contained within the Lease shall control. Execution hereof constitutes execution of the Lease itself.

41. VENUE
This contract is to be construed by the laws of the State of California with venue only in Tulare County, or the United States District Court for the Eastern District of California. 213
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Dated: ____________, 2020 AIR METHODS LLCLESSEE
by:______________________________
_________________________________

CITY OF VISALIA, LESSOR
Dated: __________________, 2025 by:______________________________ Jody Miller, Airport Manager
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Exhibit “A”
All that certain property situated in the City of Visalia, County of Tulare, State of California, being described as follows:

Parcel 2 of Parcel Map No. 2004 per map recorded in Book 21 of Parcel Maps, at page 5, Tulare County Records.

EXCEPTING THEREFROM the following described parcel:

Beginning at the Northeast corner of said Parcel 2;
Thence South 00°02’26” West along the East line of said Parcel 2, 306.25 feet along the Ease line of said Parcel 2;
Thence North 89°57’34” West, 166.66 feet;
Thence North 00°02’34” East, parallel to the East line of said Parcel 2, 323.72 feet more or less to the North line of said Parcel 2;
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Thence South 85°05’26” East, along the North line of said Parcel 2, 55.44 feet to the beginning of a tangent curve, concave to South, having a radius of 1927.00 feet; Thence Southeast along said curve, through a central angle of 3°20’06” and an arc distance of 112.16 feet to the Northeast corner of said Parcel 2, said point being the Point of Beginning.

Exhibit “B”
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This document last revised: 2/13/12 12:13:00 PM Page 1
File location and name: D:\Program Files\Neevia.com\Document Converter\temp\965.doc Meeting Date: February 21, 2012
Agenda Item Wording: Authorization for the City Manager to enter into a Lease Agreement with SkyLife Helicopters for the purpose of operating an air ambulance operation at the Visalia Municipal Airport.

Deadline for Action: N/A
Submitting Department: Administration - Airport
Department Recommendation:

City Staff recommends that Council authorize the City Manager to execute this lease agreement with SkyLife Helicopters. Staff has negotiated a lease, based on Council’s previous authorization, for the use of approximately 845 square feet of space in the Airport Administration Building (on Hanger Drive, west of the softball fields) for crew quarters and office space to support the air ambulance operation. The term of this Agreement is for four (4) years. The lease rate will be $633.75 per month, adjusted annually based on the Consumer Price Index, for a total of $7,605 in new annual revenue for the airport enterprise fund.

Summary/background:

SkyLife is an air ambulance service that has provided service to the Central Valley since 1991.

SkyLife utilizes two helicopter air ambulances, both Bell 407's, and one fixed-wing King Air Airplane. Currently, they base one of the helicopters and the King Air at the Fresno Airport.

The remaining helicopter is based at the Kings County Fire Base. SkyLife desires to relocate one helicopter air ambulance, along with the pilot and two medical crew members, to Visalia Airport, from their current location, which is the south valley Kings County Fire base. The purpose of their move is to better serve Tulare County residents and hospitals.

Staff began discussions with SkyLife representatives in November 2011. Initial contact was made by SkyLife and at that time, they had the following operational requirements:

1. Facilities for base of operations for 3 crew members 24/7

2. Fuel — Jet A, available at base site without relocating the aircraft (can be trailer or truck)

3. Helicopter located in close proximity to the base of operations City of Visalia
Agenda Item Transmittal
For action by:
_√_ City Council
___ Redev. Agency Bd.
___ VPFA
For placement on
which agenda:
___ Work Session
___ Closed Session
Regular Session:
√ Consent Calendar
___ Regular Item
___ Public Hearing
Est. Time (Min.):_____
Review:

Dept. Head LBC21312
(Initials & date required)
Finance ______
City Atty ______
(Initials & date required
or N/A)
City Mgr ______
(Initials Required)
If report is being re-routed after
revisions leave date of initials if
no significant change has
affected Finance or City Attorney
Review.

Agenda Item Number (Assigned by City Clerk):

Contact Name and Phone Number: Mario Cifuentez –
Airport Manager, 713-4480
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4. Vehicle access to the aircraft for delivery of patients by ground ambulance The lease will provide three (3) small office spaces. The larger office space (approx. 485 square feet) will be used for their day to day operations and the two (2) small offices will be used for separate male and female crew quarters. The monthly lease rate equates to $.75 per square foot, which is the same rate that the FAA pays for leased facilities on the airport and is consistent with other aviation service providers, per FAA requirements.

Based on the current level of operation, SkyLife anticipates their annual helicopter flight volume to be approximately 500 lift-offs. Over this past one-year period, they flew 350 hours with the south valley helicopter. Based on that level of activity, they anticipate their annual fuel usage at 15,750 gallons, which would provide additional revenue for the airport fund.

In addition to being a great addition to the airport in terms of operations and revenue, this air ambulance operation will be a valuable asset to the entire community. SkyLife’s air ambulance operation will add to the level of public health and safety for Visalia.

Prior Council/Board Actions:

Committee/Commission Review and Actions:

Alternatives:

Not authorize the execution of this lease agreement or direct staff to negotiate further for the space.

Attachments:

Draft Lease Agreement. Aerial of the site layout.

Environmental Assessment Status
CEQA Review:

Recommended Motion (and Alternative Motions if expected): I move to authorize the City Manager to execute a Lease Agreement with SkyLife Helicopters for the purpose of operating an air ambulance operation at the Visalia Municipal Airport. -73-
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File location and name: D:\Program Files\Neevia.com\Document Converter\temp\965.doc NEPA Review:

Copies of this report have been provided to:

Tracking Information: (Staff must list/include appropriate review, assessment, appointment and contract dates and other information that needs to be followed up on at a future date) -74-
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AIRPORT LEASE AGREEMENT
THIS LEASE is made this ______________ day of ______________, 2012, between the City of Visalia, a Municipal Corporation, hereinafter referred to as “LESSOR” and ROAM, dba SkyLife, a General Partnership, hereinafter referred to as “LESSEE.”

1. LEASE
For and in consideration of the payment of rent, taxes, and other charges and of performances of the covenants and conditions hereinafter set forth, LESSOR hereby leases to LESSEE AND LESSEE hereby leases from LESSOR the Premises hereafter described.

2. DEMISED PREMISES
A. Definition - Except as expressly provided to the contrary in this LEASE, reference to the “Premises” is the described land plus any described appurtenance, including any improvements now or hereafter located on the Premises.

B. Description - The Premises consists of that portion of the Visalia Municipal Airport Administration Building as indicated in Exhibit A, attached hereto, which is approximately 845 square feet. LESSEE has the right to use the common areas of the Premises as designated by the Airport Manager. In addition, LESSEE shall have the right to utilize approximately 3,000 square feet of ramp space as indicated in Exhibit B, for the purpose of parking LESSEE’s aircraft.
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3. TERM
The term of this LEASE shall be for a period of four (4) years commencing on the 1st day of February, 2012 and ending on the 31
st day of January, 2016, unless sooner extended or
terminated as provided for herein.

4. LEASE RENT
A. INITIAL MINIMUM RENT - LESSEE shall pay without abatement, deduction or affect, a net minimum annual rent of Seven Thousand Six Hundred and Five dollars ($7,605) all due and payable in equal monthly installments of Six Hundred Thirty-Three and seventy-five cents ($633.75) beginning on the 1st day of February, 2012 and continuing thereafter throughout the entire term of this agreement.

B. RENT ADJUSTMENTS. The minimum annual rent shall be adjusted each and every year, beginning on the first anniversary date of the Lease term, to reflect the percentage change in the Consumer Price Index. For purposes of this agreement, the Consumer Price Index shall be the California Consumer Price Index (all urban consumers, all items) as released by the California Division of Labor Statistics and Research. Said adjustment shall be calculated as follows: The minimum annual rent in effect immediately prior to the anniversary date in question shall be multiplied by one plus the percentage increase in the Consumer Price Index for the last month released prior to such anniversary, as compared to the same month one year prior, the result of such calculation constituting the new minimum annual rent. In no event shall the minimum annual rent be decreased.

The Consumer Price Index as used herein is based on the 1982-84=100 index.

Should the Division of Labor Statistics and Research change the 1982-84=100 index, the above referenced formula shall be converted to reflect said change. -77-
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C. In the event LESSEE is delinquent in remitting the rent by the tenth (10th) day of the month for which rent is due, then the rent not paid when due shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid.

5. USE OF PREMISES
The use of the Premises shall be for the purpose of operating a helicopter air ambulance service and those activities necessary to support the operation and for no other purpose except with the written consent of the LESSOR. LESSOR maintains the right to access the leased areas for the purpose of ingress and egress to the facility, and any other areas of the Demised Premises at any time, which are not a part of this Agreement.

6. ABOVEGROUND REFUELING TANK
A. LESSEE shall have the right to keep, use and maintain one (1), 500-gallon, fuel dispensing system, with said system to conform to all applicable Federal, State and local construction requirements. It is further understood and agreed that said system is the personal property of LESSEE including all piping and monitoring equipment. LESSEE agrees that no fuel shall be sold by LESSEE to the public or transitory aircraft. The Airport Manager shall be notified in writing of the identity of each aircraft to be fueled by LESSEE along with evidence of LESSEE’s ownership, control or care. Fueling of aircraft by LESSEE shall be restricted to those aircraft physically located on the leased premises. Fueling procedures must ensure that fuel will be dispensed into an aircraft only while the aircraft is entirely outside of hangar facilities.

B. FEE STRUCTURE – For all fuel not purchased from LESSOR, LESSEE shall pay monthly, a fuel flowage fee equal to $.10 per gallon for the fuel dispensed from the fueling system, with a minimum annual flowage guarantee. LESSEE shall provide the -78-
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LESSOR with duplicate copies of all delivery invoices for fuel deliveries made to said tanks, each and every month by the 5th day of each month for the entire term of this agreement. These fees will be calculated as follows:

1. Monthly fuel flowage fee = flowage fee prices times actual gallons dispensed into aircraft.

2. Minimum Annual Flowage Guarantee = flowage fee price times 50,000 gallons.

3. Within 60 days after each anniversary date of the Lease, LESSEE shall furnish the LESSOR with a report of gross fuel dispensed. If the gross fuel dispensed is less than 50,000 gallons, the LESSEE shall also submit payment for the fuel flowage equal to the difference between the actual gross fuel dispensed and 50,000 gallons.

C. LESSEE will not be granted the right of public sale. Described fuel dispensing shall be on aircraft wholly owned by LESSEE or those leased by LESSEE and utilized at least 90% by LESSEE in pursuit of LESSEE’s business. Dispensing of fuel into other than LESSEE’s own aircraft or aircraft stored on the leased premises shall cancel all rights granted by this Lease Agreement.

D. LESSEE shall be solely responsible for any and all maintenance, upgrading, testing and removal of any fuel dispensing equipment as required by Airport, Federal, State and Local Building, Environmental Health, Fire and Safety agencies.

E. In the event that tank removal is necessary, LESSEE shall restore premises to a condition satisfactory to the Airport, including removal of any required bollards, new paving and compaction of site.

F. LESSEE shall acquire and keep current all permits as required by Federal, State, and Local Building, Environmental health, Fire and Safety agencies. -79-
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G. LESSEE shall meet all current and future governmental requirements pertaining to hazardous substances and waste, fuel handling and storage tanks.

H. LESSEE shall pay for the restoration or replacement of any property damaged as a result of LESSEE’s fuel operation.

7. ASSIGNING OR SUBLETTING
The LESSEE may not assign or sublet this LEASE or any part of said Premises without the prior written consent of the LESSOR.

8. LESSEE’S MAINTENANCE
LESSEE shall maintain the Premises to the reasonable satisfaction of the LESSOR and in such a manner as to be neat and well kept in appearance and a credit to the Visalia Municipal Airport.

9. LESSOR’S MAINTENANCE
LESSOR shall perform janitorial maintenance of the common areas of the demised premises, including, but not limited to, the removal of litter and waste and/or any foreign object which may pose a hazard to the public and all other routine maintenance including major structural, and servicing and repair of all electrical and plumbing fixtures. Any question concerning responsibility of maintenance not expressly stated herein shall be directed to the Airport Manager for final determination.

10. INSURANCE - LIABILITY
Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept in force, for the mutual benefit of LESSOR and LESSEE, comprehensive broad form general liability insurance against any and all claims and liability for personal injury, death, or property damage arising out of the use, occupancy, disuse or condition of the -80-
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Demised Premises, personal property thereon, improvements or adjoining areas of ways, providing combined single limit of at least One Million Dollars ($2,000,000.00), for any one accident or occurrence, for bodily injury or death to one or more persons, and at least Five Hundred Thousand Dollars ($500,000.00) for Property damage.

11. INSURANCE - WORKERS’ COMPENSATION
LESSEE shall maintain Workers’ Compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident or occurrence.

12. INSURANCE - GENERAL REQUIREMENTS
All insurance required by express provisions of this LEASE shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that A. Any loss shall be payable notwithstanding any act or negligence of LESSOR that might otherwise result in a forfeiture of the insurance.

B. The insurer waives the right of subrogation against LESSOR and against LESSOR’s agents and representatives.

C. The policies are primary and noncontributing with any insurance that may be carried by LESSOR.

D. They cannot be canceled or materially changed except after 30 days notice (except ten (10) days with respect to non-payment of premium) by the insurer to LESSOR or LESSOR’s designated representative.

E. LESSEE shall furnish LESSOR with copies of all such policies promptly on receipt of them, or with certificates evidencing the insurance. Before commencement of the LEASE, LESSEE shall furnish LESSOR with binders representing all insurance -81-
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requirements by this LEASE. LESSEE may effect for its own account any insurance not required under this LEASE. LESSEE may provide by blanket insurance covering the Premises and any other location or locations any insurance required or permitted under this LEASE provided it is acceptable to LESSOR. LESSEE shall deliver to LESSOR, in the manner required for notices, copies of certificates of all insurance policies required by this LEASE, together with evidence satisfactory to LESSOR of payment required for procurement and maintenance of the policy, within the following time limits:
(1) For insurance required at the commencement of this LEASE, within 30 days after execution of this LEASE;
(2) For insurance becoming required at a later date, at least 15 days before the requirement takes effect, or as soon thereafter as the requirement, if new, takes effect;
(3) For any renewal or replacement of a policy already in existence, at least 30 days before expiration or other termination of the existing policy.

F. LESSOR, and LESSOR’s elected and appointed officials, agents, representatives, and employees are to be named as additional insureds as respects operations of the named insured and as their interests may appear under the policy.

If LESSEE fails or refuses to procure or to maintain insurance as required by this LEASE or fails to furnish LESSOR with required proof that the insurance has been procured and is in force and paid for, LESSOR shall have the right, at LESSOR’s election and on five (5) days notice to LESSEE, to procure and maintain such insurance. The premiums paid by LESSOR shall be treated as added rent due from LESSEE with interest at the rate of 18% per year, to be paid on the first day of the month following the date on which the premiums were paid. LESSOR shall -82-
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give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the date of the notice.

13. INDEMNIFICATION
LESSEE hereby agrees to and shall protect, indemnify, and hold harmless the LESSOR and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the LESSEE, LESSEE’s independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the LESSOR or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this LEASE. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This agreement shall be binding upon the LESSEE whether or not there are any allegations of fault, negligence, or liability of the indemnities hereunder.

LESSOR hereby agrees to and shall protect, indemnify, and hold harmless the LESSEE and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the LESSOR, LESSOR’s independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the LESSEE or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this LEASE. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to -83-
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such damages, claims, or liability. This agreement shall be binding upon the LESSOR whether or not there are any allegations of fault, negligence, or liability of the indemnities hereunder.

14. TAXES AND ASSESSMENTS: “PUBLIC CHARGES”
A. Obligations of LESSEE:

LESSEE understands and acknowledges that this LEASE creates a possessory interest, and LESSEE is subject to taxation by the County of Tulare and other taxing authorities.

From and after the date of execution of this LEASE, LESSEE shall pay or cause to be paid all real estate taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever applicable to the possessory interest of LESSEE in the leased Premises, as created and established by this LEASE, and the building improvements thereon, including but not limited to assessments for public improvements or benefits which shall for any period subsequent to the execution of this LEASE and during the term hereof be laid, assessed, levied or imposed upon or become due and payable and a lien upon said possessory interest and building and improvements thereon (specifically excepting therefrom any and all surface rights, if any, held or used by others who may have or claim any of the same, LESSEE assuming no liability whatsoever for the taxes, general and special assessments or other charges levied or assessed thereon), all of which taxes, assessments, levies and other governmental charges to be paid by LESSEE are referred to in this LEASE as “public charges”; provided however, that if by law any such public charges are payable or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such public charge), LESSEE may make such payments in installments as the same respectively become due and before any fine, penalty, or cost may be added thereto for the non-payment of any such installment; and provided further that any public charge relating to a fiscal period of the taxing authority expiring after the -84-
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termination or expiration of this LEASE, any part of which fiscal period is included within the time prior to termination or expiration of this LEASE, shall (whether or not during the period prior to termination or expiration of this LEASE such public charge shall be paid, assessed, levied or posed upon or become due and payable) be apportioned between the parties.

B. Time of Payment:

All payments to be made by LESSEE pursuant to the provisions hereof shall be made before any fine, penalty, interest or cost may be added thereto for the non-payment thereof; and the LESSEE shall furnish LESSOR within sixty (60) days after the dates when the same are payable, as herein provided, with official receipts or other evidence satisfactory to LESSOR that such public charges or excise on rents or other tax or assessments in lieu thereof as aforesaid has, to the extent of the aforesaid, been paid.

C. Contest:

LESSEE may contest the legal validity or amount of any public charges for which LESSEE is responsible under this LEASE and may institute such proceedings as LESSEE considers necessary. If LESSEE contests any such public charges, LESSEE may withhold or defer payment or pay under protest but shall protect LESSOR and the Premises from any lien by adequate surety bond or other appropriate security.

LESSOR appoints LESSEE as LESSOR’s attorney in fact for the purposes of making all payments to any taxing authorities and for the purpose of contesting any such public charge.

D. Exclusions:

LESSEE’s obligation to pay public charges levied or charged against said possessory estate or buildings or improvements or against specified personal property, shall not include the following whatever they may be called: business income or profit taxes levied or assessed against LESSOR by federal, state or other governmental agencies; -85-
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estate, succession, inheritance, or transfer taxes of LESSOR; or corporation, franchise, or profit taxes imposed on any owner of the fee title of the Premises.

E. Evidence of Payment
The certificate, advise or bill of the appropriate official designated by law to make or issue the same and to receive payment of any such public charge shall be prima-facie evidence that such public charge is due and unpaid at the time of the making or issuance of such certificate, advise, or bill; and the written receipt of such official shall be prima-facie evidence that the public charge therein described has been paid. LESSOR shall authorize and instruct the assessing authority to forward to LESSEE all bills covering such public charge.

15. UTILITIES
Water, electricity and natural gas are paid for by LESSOR. Any additional utilities required by LESSEE are to be paid for by LESSEE.

16. SIGNS
LESSEE shall not erect, maintain or display any signs on the Airport or the Premises without the prior written approval of the City. Prior to the erection, construction or placing of any such sign, LESSEE shall submit drawings, sketches, designs and dimensions of such signs to City for approval. All such signs shall be consistent with the over-all sign ordinance of the City of Visalia. Any condition, restriction or limitation with respect to the use of such signs as may be stated by the City in writing, shall become part of this LEASE. The term “signs” as used herein means any advertising signs, billboards, identification signs or symbols, posters or other similar devices.

17. DEFAULT
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The LESSEE agrees that if a default shall be made in the payment of rent or if any of the covenants of this LEASE are violated by LESSEE, LESSOR shall give notice to LESSEE of default. If any default by LESSEE continues for more than ten (10) days or a reasonable period of time, agreed to by LESSOR and LESSEE, after said notice, LESSOR may at LESSOR’S election terminate this LEASE by giving LESSEE thirty (30) days written notice of termination.

Thirty (30) days from the giving of the written notice, all LESSEE’S rights in the Premises and in all improvements shall terminate. Promptly thirty (30) days after notice of termination, LESSEE shall surrender and vacate the Premises and all improvements in broom-clean condition, and LESSOR may reenter and take possession of the Premises. Termination under this paragraph shall not relieve LESSEE from the payment of any sum then due to LESSOR or from any claim for damages previously accruing against LESSEE.

18. NOTICES
All notices must be in writing. Notice is considered given either (a) when delivered in person to recipient or agent of those named as below, or (b) on the date shown on the return receipt after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed to the party or person intended as follows;
Notice to LESSOR: City of Visalia
707 W. Acequia
Visalia, CA 93291
copy to: Visalia Municipal Airport
9501 Airport Drive
Visalia, CA 93277
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Notice to LESSEE: SkyLife of Central California
2911 East Tulare Ave.

Fresno, CA 93721

19. REGULATIONS
LESSEE shall not conduct, or allow to be conducted upon the Premises, any dangerous or hazardous activities, or any activities considered to be a nuisance to the airport or its tenants and neighbors, and LESSEE agrees to abide by all applicable F.A.A. and U.S. Government rules and regulations, including, but not limited to the following:

A. The LESSEE for himself, his heirs, personal representatives, successors in interest and assigns, as a part of the considerations hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the premises described herein for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said regulations may be amended.

B. The LESSEE for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:
(1) No person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities; and
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(2) That in the construction of any improvements on, over or under such land and the furnishing or services hereon, no person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and (3) That the LESSEE shall use the demised Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation, as said Regulations may be amended.

C. It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958.

D. LESSEE agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that LESSEE may make reasonable and nondiscriminatory discount, rebates, or other similar types of price reductions to volume purchasers.

E. The LESSOR reserves the right (but shall not be obligated to LESSEE) to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the LESSEE in this regard.

F. The LESSOR reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the LESSEE, and without interference or hindrance.

G. The LESSOR reserves the right to take any action it considers necessary to protect aerial approaches of the airport against obstruction, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other -89-
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structure on the airport which in the opinion of the LESSOR would limit the usefulness of the airport or constitute a hazard to aircraft.

H. During the time of war or national emergency the LESSOR shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this Lease, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended.

I. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport.

J. There is hereby reserved to the LESSOR, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for passage of aircraft in the airspace above the surface of the Premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport.

K. The Lease shall become subordinate to provisions of any existing or future agreement between the LESSOR and the United States of America, or any agency thereof relative to the operation, development, or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport.

L. LESSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the leased Premises, or in the event of any planned modification of alteration of any present of future building or structure situated on the leased -90-
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Premises. Any future construction, modification, or alteration shall be in compliance with the Airport Master Plan and will be subject to airport approval.

M. The LESSEE by accepting this expressly agrees for itself, its successors, and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the land leased hereunder above the limits specified in Part 77 of the Federal Aviation Regulations. In the event the aforesaid covenants are breached, LESSOR reserves the right to enter upon the land leased hereunder and to remove the offending structure or object or cut the offending tree, all of which shall be at the expense of the LESSEE.

20. ADDITIONS OR MODIFICATIONS
A. LESSEE agrees that any additions or modifications structurally on the leasehold Premises by LESSEE can only be instituted by first obtaining the written approval of the LESSOR.

B. LESSEE agrees that LESSOR may from time to time make alterations, additions and modifications structurally to the Premises which may require LESSEE to be temporarily inconvenienced and/or relocated. LESSOR agrees to pay for actual reasonable expenses incurred by LESSEE as a result of any temporary relocation.

LESSOR further agrees that it shall make every reasonable effort to minimize LESSEE’S inconvenience and shall not relocate or diminish LESSEE’S Premises in such a manner as to restrict LESSEE’S ability to operate at a reasonable level of satisfaction.

21. TERMINATION
In addition to any other provision in this LEASE, this LEASE may be canceled or terminated upon the following:
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A. This LEASE and the tenancy hereby granted may be terminated or canceled, in part or whole, at any time by either party hereto by giving to the other party not less than ninety (90) days prior written notice.

B. This LEASE shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this LEASE within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction.

C. LESSEE agrees at the end of the LEASE term or in the event of an early termination, as provided for herein, to quit and deliver up said Premises in as good condition as they are now, ordinary wear and tear expected.

22. NON-WAIVER OF RIGHTS
No failure by LESSOR to insist upon the strict performance of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rents or fees during the continuance of any such breach, shall constitute a waiver of any breach or of such covenant, agreement, term or condition.

No receipt of monies by LESSOR from LESSEE after the termination of this Lease, or after the giving of any notice of termination of this Lease (unless such receipt cures the event of default which was the basis for the notice) shall reinstate, continue or extend the term or effect any notice theretofore given to LESSEE, or operate as a waiver of the right of LESSOR to enforce the payment of rents or fees payable by LESSEE hereunder or thereafter falling due, or operate as a waiver of the right of LESSOR to recover possessions of the Premises by proper remedy.
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23. ATTORNEYS’ FEES
If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

Non-judicial, alternative dispute resolution is not an action or proceeding for the purpose of this provision.

24. BINDING ON SUCCESSORS
Subject to the provisions of this LEASE on assignment and subletting, each and all of the covenants and conditions of this LEASE shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties.

25. SURRENDER ON TERMINATION
At the expiration or earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the Premises. Surrender or removal of improvements, fixtures, and trade fixtures shall be as directed by the airport manager at termination of all or part of this LEASE. LESSEE shall leave the surrendered Premises and any other property in good and broom-clean condition except as provided to the contrary in provisions of this LEASE on maintenance and repair of improvements. All property that LESSEE is required to surrender shall become LESSOR’s property at the termination of the LEASE. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR’s election, become LESSOR’s property at termination. If LESSEE fails to surrender the Premises at the expiration or sooner termination of this LEASE, LESSEE shall defend and indemnify LESSOR from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding tenant founded on or resulting from LESSEE’s failure to surrender. -93-
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26. HOLDOVER
This LEASE shall terminate without further notice at expiration of the LEASE term. Any holding over by LESSEE after either expiration or termination shall not constitute a renewal or extension, or give LESSEE any rights in and to the Leased Premises, unless as provided in paragraph 2B above. If LESSEE, with LESSOR’s consent, remains in possession of the leased Premises after expiration or termination of the term or after the date in any notice given by LESSOR to LESSEE terminating this LEASE, such possession by LESSEE shall be deemed to be a month-to-month tenancy terminable on thirty (30) days’ notice given at any time by either party. During any such month-to-month tenancy, LESSEE shall continue to pay all rent required by this LEASE. All other provisions of this LEASE, except those pertaining to term, shall apply to the month-to-month tenancy.

27. TIME IS OF THE ESSENCE
Time is of the essence in the performance of each and all of the terms and provisions of this LEASE.

28. ACCEPTANCE OF PREMISES
By signing this LEASE, LESSEE represents and warrants that LESSEE has independently inspected the Premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the Premises. LESSEE agrees it is relying solely on such independent inspection, tests, investigations and observations in making this LEASE. LESSEE further acknowledges that the Premises are in the condition called for by this LEASE, and that LESSEE does not hold LESSOR responsible for any defects in the Premises.

29. CURRENT AND FUTURE AIRPORT REGULATIONS
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This LEASE and all rights conferred thereby shall at all times be subject to current and future regulations governing any and all activities at the Visalia Municipal Airport to the same extent that such current and future regulations govern the activities of all persons using the facilities of the Visalia Municipal Airport and occupying structures thereon.

30. MISCELLANEOUS
A. This LEASE contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this LEASE has been or is relied on by either party. Each party has relied on his own examination of this LEASE, counsel of his own advisors and the warranties, representations, and covenants in the LEASE itself. The failure or refusal of either party to inspect the Premises or improvements, to read the LEASE or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection or advice.

B. If any provision of this LEASE is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision to this LEASE shall be valid and enforceable to the fullest extent permitted by law.

C. This LEASE shall be governed by the laws of the State of California.

D. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this LEASE, such party shall not unreasonably delay or withhold its approval or consent.

E. All Riders and Exhibits annexed hereto form material parts of this LEASE.

F. Implementation Clause: To carry into full force and effect each and every agreement, condition, covenant and terms contained in this LEASE, each party agrees -95-
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that he and she will execute and deliver any and all documents, assignments, releases, receipts and other documents reasonably required by the other without undue delay or expense.

G. Cooperation: LESSOR and LESSEE agree to provide any further documentation and to cooperate in any way necessary to carry out the basic intent of the LEASE.

H. Venue: The parties agree that the contract is to be performed in Tulare County, and any action arising out of the contract will be venued in Tulare County. The parties agree to submit themselves to the jurisdiction of the court in any action relating to this LEASE or the enforcement or interpretation hereof. LESSEE expressly waives any right to remove any action from Tulare County which he might have pursuant to Section 394 of the Code of Civil Procedure.

I. Effective Date: This LEASE shall be and become effective as of the date its execution as set forth above.

J. Waiver: No waiver of any breach of any term, condition or provision of this LEASE shall constitute a waiver of any other breach of any other term, condition or provision. No consent of one party to any departures by the other shall be effective unless such waiver shall be in writing and shall be signed by the non-waiving party or a duly authorized agent thereof and the same shall be effective only for a period, on the conditions and for the specific instances and purposes specified in such writing. No notice to or demand to the non-waiving party in any case shall entitle the non-waiving party to any other for further notice or demand in similar or other circumstances.

K. The terms of the Agreement are the product of negotiation between the parties and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language of the Agreement will not be construed against the party causing the uncertainty to exist.
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L. Execution in Counterparts: This LEASE may be executed in counterparts, each of which shall be deemed an original, but all which taken together shall constitute but one and the same instrument.

M. Title or Captions: Titles or captions contained in this LEASE are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of the Lease or the intent of any provision hereof.

IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written.

SKYLIFE HELICOPTERS, LESSEE
Dated: __________________, 2012 by:______________________________

CITY OF VISALIA, LESSOR
Dated: __________________, 2012 by:______________________________ Steven M. Salomon, City Manager
APPROVED AS TO FORM:

Dated: __________________, 2012 by:______________________________ Alex Peltzer, City Attorney
Dated: __________________, 2012 by:______________________________ Eric Frost, Risk Management
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0509 Agenda Date: 12/16/2024 Agenda #: 6.

Agenda Item Wording:

Amendment to Design Contract - Authorize the City Manager to approve Amendment No. 6 with 4Creeks Inc. in the amount of $104,630.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495
Department Recommendation:

Staff requests City Council authorize the City Manager to execute Amendment No. 6 with 4Creeks Inc. in the amount of $104,630.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

Background Discussion:

The City of Visalia has a roadway widening project for Caldwell Avenue from Santa Fe Street to Lovers Lane (Rd. 140) which will widen Caldwell Avenue from 2-lanes to 4-lanes with a raised center median, curb, gutter, sidewalk, and a joint use pathway. The County of Tulare also has a project for Caldwell Avenue (Ave. 280) from Lovers Lane to S. Virginia Avenue. The widening of Caldwell Avenue (Ave. 280) within the City of Visalia and the County of Tulare is part of a regional corridor enhancement project from Highway 99 to the City of Exeter to ease congestion along this corridor.

The City of Visalia’s improvements of Caldwell Avenue from Santa Fe Street to Lovers Lane include the extension of the City’s storm drain and sanitary sewer systems within the City’s project limits.

The County of Tulare will be widening Ave 280 (Caldwell Avenue) from 2-lane to 4-lanes of travel.

The contract amendment number 6 with 4Creeks Inc. for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane is for an additional $104,630.00. The amendment is for design services to update the plans and specifications to incorporate twenty-three (23) pedestrian curb returns to be in compliance with the Americans with Disabilities Act (ADA) and the recently adopted Public Right of Way Accessibility Guidelines (PROWAG). This contract amendment was reviewed and recommended for approval on November 20, 2024, by the Change Order Committee. The amendment is composed of three tasks: project management, directional curb ramp design, and revisions to the traffic signals. The original design contract was initiated in 2016 with a funding Visalia City Council Page 1 of 5 Printed on 12/13/2024
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File #: 24-0509 Agenda Date: 12/16/2024 Agenda #: 6.
source that was comprised of local funding.

The table below is a summary of the design contract amendment.

Item
No.

Description of Task Net Increase Net
Decrease
Total Change

6.1 Project Management $18,175.00 $18,175.00

6.2 Directional Curb Ramp Design $80,705.00 $80,705.00

6.3 Traffic Signal Revisions $5,750.00 $5,750.00
Total Cost of Change Order: $104,630.00 $0.00 $104,630.00 The changes to the construction plans and specifications should have minimal impact on the overall construction cost since the curb ramps were bid as a lump sum price and the design is a reconfiguration without increasing the quantity of materials needed to construct the curb ramps. The traffic signal poles also should not change the cost since revisions should be minor adjustments to the traffic signal equipment and the traffic signals were bid as a lump sum price for each signalized intersection.

The project has been advertised and awarded to Avison Construction, Inc. in the amount of $14,741,768 at the November 18, 2024, City Council meeting. The bid for construction was approximately $1,500,000 below the engineer’s construction estimate. The projected project budget surplus will be retained in the project budget and released later in the construction phase if the project does not encounter any significant unexpected costs.

Funds from the SB1- Local Partnership Formulaic Program are distributed to local or regional transportation agencies in which voters have approved fees or taxes dedicated solely to transportation improvements. The Tulare County Transportation Authority, administered by the Tulare County Association of Governments (TCAG), receives funds from the SB1-LPP from formulaic program funds. TCAG assisted the City of Visalia with allocating SB1-LPP funds specifically to the Caldwell Avenue Widening from Santa Fe to Lovers Lane project towards the construction phase.

TCAG previously assisted the City with allocating SB1-LPP funds to this project for the right-of-way phase.

SB1-LPP funds are approved for allocation by the California Transportation Commission (CTC) and the program is administered by Caltrans. Funds in the amount of $3,844,000 were approved by the CTC towards the Caldwell Avenue Widening project during the CTC meeting held in June 2024.

Fiscal Impact:

The funding for this consultant amendment is within the projected amount for the design and right of way as shown in the project funding and expenditure summary. This project is funded by multiple accounts.

Project Budget:

Measure R Regional (Fund 133) $19,431,780
Measure R Local (Fund 131) $783,300
Senate Bill1 - Local Partnership Program (ROW phase) $400,000 Senate Bill1 - Local Partnership Program (Construction
phase) - Appropriation Request
$3,844,000
Total Project Estimate $24,459,080, Visalia City Council Page 2 of 5 Printed on 12/13/2024 powered by Legistar™268
File #: 24-0509 Agenda Date: 12/16/2024 Agenda #: 6.

Measure R Regional (Fund 133) $19,431,780
Measure R Local (Fund 131) $783,300
Senate Bill1 - Local Partnership Program (ROW phase) $400,000 Senate Bill1 - Local Partnership Program (Construction
phase) - Appropriation Request
$3,844,000
Total Project Estimate $24,459,080,
Estimated Project Expenditures:

Environmental Process $50,000
Design and Right-of-Way $3,979,231
4Creeks Contract & Change Orders (Design, RW, &
Const. Eng.)
$1,518,861
Estimate City Design & RW Support $325,000
RW Estimate (see above) $1,600,000
Estimate Pole Relocation at Burke Street $140,000
Estimate Culvert Permits $325,000
Estimate Electrical Service $50,000
Construction Cost Estimates $18,846,858
Construction Bid (Avison Construction) $14,741,768
Construction Management (Vanir) $480,090
Estimate Construction Testing $250,000
Estimate City Construction Staff & Misc. Const. $250,000 Estimate Construction Surveying/Staking 4Creeks $125,000 Construction Contingency (20%) $3,000,000
Total Project Estimate $22,855,719
Estimated Budget Surplus / (Deficit) $1,603,361
Prior Council Action:

November 18, 2024: City Council authorized the award of the construction contract for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane to Avison Construction, Inc. in the amount of $14,741,768.00 and execute an agreement with Vanir Construction Management, Inc. to provide construction management services for the Caldwell Avenue Widening project from Santa Fe Street to Lovers Lane in the amount of $480,090.00.

October 7, 2024: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

September 16, 2024: City Council authorized approval of Amendment No. 5 with 4Creeks Inc, in the amount of $103,246.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane and accept and appropriate funds allocated from the Senate Bill 1 - Local Partnership Formulaic Program (SB1-LPP) in the amount of $3,844,000.

June 3, 2024: City Council authorized the City Manager to execute a cooperative agreement for reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Visalia City Council Page 3 of 5 Printed on 12/13/2024
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File #: 24-0509 Agenda Date: 12/16/2024 Agenda #: 6.

Avenue) from Lovers Lane (Rd. 140) to Rd. 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

April 1, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

December 18, 2023: City Council accepted an update on the real property negotiations for the properties need for the Caldwell Avenue Widening form Santa Fe Street to Lovers Lane Project (CP8268).

September 18, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lover Lane Project (CP8268)
August 7, 2023: City Council adopted a Resolution of Necessity to acquire property and temporary construction easements for portions of eight separate properties along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).

June 5, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

October 4, 2021: Council accepted and authorized an appropriation of $1,387,000 from the Senate Bill 1 - Local Partnership Program (SB1-LPP) for the Caldwell Avenue Widening from Santa Fe to Lovers Lane Project (CP8268)
September 21, 2020: Council authorized approval of Amendment Number 2 with 4Creeks Inc. in the amount of $489,755.00 bringing the contract from $768,000.00 to $1,257,755.00 for additional services related to the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) April 20, 2020: Council authorized amending the Measure R Supplemental Agreement for the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) due to increase in the scope of work.

May 2, 2016: Council authorized a contract with 4Creeks Engineering Co. for RFP 15-16-49 to prepare Plans, Specifications, and Estimate for the Caldwell Avenue Widening from Santa Fe to Lovers Lane.

November 21, 2022: Council, in closed session, approved property appraisals and authorized City staff and consultant to purchase properties with authority to pay up to twenty percent above appraised value.

Other:

None.

Alternatives: Decline the design contract amendment and have staff review the proposed contract amendment.

Recommended Motion (and Alternative Motions if expected):

Visalia City Council Page 4 of 5 Printed on 12/13/2024
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File #: 24-0509 Agenda Date: 12/16/2024 Agenda #: 6.

Authorize the City Manager to execute Amendment No. 6 with 4Creeks Inc. in the amount of $104,630.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane.

Environmental Assessment Status:

Not required at this time since this action is for the design of the project.

CEQA Review:

Conducted by the County of Tulare for the street widening project.

Attachments:

Map of Project Area
Visalia City Council Page 5 of 5 Printed on 12/13/2024
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W.Caldwell Ave.

Rd 140
S
Santa Fe St
S Pinkham
St
S Lovers Lane
E Monte Verde Ave
E La Vida Ave
E Victor Ave
S
Ben Maddox
Way
S
Villa St
S Bridge St
E Dorothea Ave
S
Cain St
S Burke St
S
Kennedy St
S
Thomas St
Private
E La Salle Ave
E Arlen Ave
E Copper Ave
S
Byrd St
S Bradley St
S
Stover St
S Ed si on St
S
T pi ot n St
E Russell Ave
S
Garden St
E Mesa Ct
S
Arkle St
S Brad el y Ct
E Sunnyside Ave
S
Sheridan
Ct
S
Tracy St
E Country Ave
SE Sunnyside Ct
E Chestnut Ct
S
Oakhurst Ct
E Monte Vista Ave
E South View Ave
E Chestnut Ave
E La Salle Ct
S
Terra
Linda
St
E Copper Ct
S
Bridge Ct
S
Spruce C
E Mon t
te Vista Ave
S
Garden St
E Victor Ave
S Br di ge St
E Arlen Ave
S Burke St
E Mesa Ct
E Chestnut Ct
E Dorothea Ave

CAMERON
TULARE IRRI. DIST.

PACKWOOD
TULARE IRRI. DIST.

T
TULARE IRRI. DIST. ULARE IRRI. DIST.
¨

CALDWELL AVENUE

FROM SANTA FE TO LOVERS LANE

PROJECT LIMITS
1 inch = 1,200 feet
272
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0510 Agenda Date: 12/16/2024 Agenda #: 7.

Agenda Item Wording:

Notice of Completion - Authorize the City Manager to file a Notice of Completion for the Traffic Signal Interconnect Project along Ben Maddox Way and Tulare Avenue.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:

Staff requests City Council authorize the City Manager to file a Notice of Completion for the Traffic Signal Interconnect Project along Ben Maddox Way and Tulare Avenue.

Background Discussion:

The City continues to expand its Intelligent Transportation System (ITS) network by establishing new connections to signalized intersections. Under that broad goal, this project installed new fiber optic cable between the VECC and existing signalized intersections along the following street sections:
· Ben Maddox Way from Goshen Avenue to Tulare Avenue
· Tulare Avenue from Ben Maddox Way to Lovers Lane
· Noble Ave from Ben Maddox Way to Walmart driveway
Within each signalized intersection, new communication equipment was installed and connected to the existing infrastructure. New equipment to be installed includes CCTVs, signal controllers, ethernet switches, fiber terminations panels, and other ancillary equipment that enables communication with the TMC located in the Visalia Emergency Communication Center (VECC). The traffic signal interconnection communication expanded the City’s ITS network to connect seven additional signalized intersections. Five of these traffic signals are along Ben Maddox Way from Goshen Avenue to Tulare Avenue. The connectivity between the seven traffic signals along this corridor and the TMC allow for the modification of these traffic signals remotely from the TMC, allowing for better flow of traffic. Additionally, a new fiber optic cable was installed between VECC and the new Fire Station #56 on Lovers Lane to provide communication network capabilities and emergency-vehicle traffic control.

The original construction contract was awarded to A-C Electric Company in the amount of $1,447,432.00. The final construction cost included a construction change order for a total project construction cost of $1,452,157.00. The total construction change orders amounted to $4,725.00 Visalia City Council Page 1 of 3 Printed on 12/13/2024
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File #: 24-0510 Agenda Date: 12/16/2024 Agenda #: 7.
(0.33%). The following is a breakdown of the construction change order.

Errors & Omissions (E & O) $ 0 0.00%
Utilities (UT) $ 0 0.00%
Balance of Quantities (BQ) $ 0$ 0 0.00%
Unforseen Conditions (UN) $ 0 0.00%
Owner Directed Change in Scope (CoS) $4,725.00 0.33%
TOTAL: $4,725.00 0.33%
Owner Directed Change in Scope (CofS):

The change that was scope directed by the City covers the additional time and material to complete the fiber optic connection from the street into the Fire Station 56 communication room located within the fire station.

Fiscal Impact:

The Traffic Signal Interconnect Project along Ben Maddox Way and Tulare Avenue was funded in most part by the Measure R Local Fund. The portion of the project to connect the new Fire Station 56 to the City’s communication network was funded by the Measure N Fund. Table below is a breakdown of the overall project budget.

Project Funding:

Measure R Local Fund (131) - CP0460 $2,026,000
Measure N Fund (141) - CP0346 $54,909
Total Project Funding: $2,080,909
Project Cost:

Design Consultant Contract (Kimley-Horn) $136,615
Design Staff Time $22,800
Construction Contract (A-C Electric Co.) $1,447,432
Construction Change Order(s) $4,725
City Construction Management & Inspection $32,000
Total Project Cost: $1,643,572
Summary:

Project Funding: $2,080,909
Project Cost: $1,643,572
Project Budget Remaining: Surplus / (Deficit) $437,337
The amount of $54,909 identified as part of the project budget represents the portion of the project funded by the Measure N Fund, CP0346, for the work performed by the contractor to connect Fire Station 56 to the City’s communication network.

The budget surplus came from the Measure R Local funds and will be returned to the fund upon project closeout.

Visalia City Council Page 2 of 3 Printed on 12/13/2024
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File #: 24-0510 Agenda Date: 12/16/2024 Agenda #: 7.

Prior Council Action:

October 2, 2023: City Council authorized the City Manager to award a construction contract to A-C Electric Company in the amount of $1,447,432 and appropriate $1,876,000 from Measure R Local Fund (131).

November 16, 2020: City Council authorized the City Manager to award the professional design services contract to Kimley-Horn and Associates, Inc. for the design of the Traffic Signal Interconnect Project in the amount of $136,615.00 and appropriated $150,000 from Measure R Local Fund (131) for the design phase.

Other:

None.

Alternatives:

None Recommended
Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to file a Notice of Completion for the Traffic Signal Interconnect Project along Ben Maddox Way and Tulare Avenue.

Environmental Assessment Status:

Not required at this time since this action is for the closeout of the project CEQA Review:

CEQA Review Completed - Categorical Exemption, Section 15301 Attachments:

Map of Project Area
Visalia City Council Page 3 of 3 Printed on 12/13/2024
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G
èéë G
ë
Ben Maddox
at Tulare Ave.

TULARE IRRI. DIST.

JENNINGS

PACKWOOD

MILL CREEK
EVANS
S Bridge St
S West St
E Walnut Ave
S Court St
S Manzanita St
S
Hil cl rest Dr
E Vista Dr
S Edison St
Tulare Ave
W Vassar Ave
S Pinkham St
W Tulare Ave
W Mineral King Ave
W Main St
S Santa Fe St
N A
N Ben Maddox Way
S Stover St
Burke St
N Lovers Lane
N Court St
E Cypress Ave
S Watson St
N Bridge St
NE 2nd Ave
Grape St
EBirc Ave
n
D
NW 2nd Ave
S Pinnac el St
NW 1st Ave
NE 1st Ave
S Encina St
S Regina St
E Acequia Ave
E Belmont Ave
Ave
S
Mc Auliff St
S
Cedar St
S Tracy St
S Ben Maddox
Way
S Lovers Lane
E Willow Ave
N
Mc Auliff St
N
Citrus St
S Goddard St
E Parrish Ct
S Locust St
N Encina St
N Garden St
S
Sol St
N Sol St
E Harvard Ct
W Paradise Ave
S Liberty St
E Douglas Ave
W Walnut Ave
E Feemster Ave
S Huntington St
N Locust St
P r i vate S t
St
E Vassar Ave
S Garden St
N Comstock St
S Simon St
S
Enos St
E Sycamore Ave
S Vista St
W Race Ave
S
Exeter Ct
S
Rio Vista St
E Paradise Ave
W Goshen Ave
S Cain St
W Acequia Ave
W School Ave
W Willow Ave
W Oak Ave
W Center Ave
E Cambridge Ave
E Princeton Ct
Noble Ave
N
Palm
St
N Willis St
S Grand St
S Belmont St
W Kaweah Ave N Floral St
S Rio Linda St
E Howard Ave
E Duran Dr
E Hillcrest Ave
E Harvard Ave
E Hillcrest Dr
N
Vista St
S Irma St
N Manzanita St
S
Arroyo St
NE 3rd Ave
E Stapp Ct
Granite St
Pearl St
N Simon
St
N West St
N Tipton St
E Oak Ave
N Vista Dr
S Cotta St
W Pershing Ave
E Stapp Dr
E Main St
S Tipton Ct
Hwy 198
N Church St
E Center Ave
E School Ave
E Race Ave
E Sequoia Ave E Laurel Ave
S Willis St
S Floral St W Olive Ave
W Myrtle Ave
W Cypress Ave
W Laurel Ave
N Cain St
S Burke St
E Kaweah Ave
S Johnson St
E Cathie Ct
N
Amador St
E Vassar Ct
E Sue Ave
E Rose Ave E Rose Ct
N Velie Ct
E Villoy Ave
S Belmont Dr
S Sol Ct
S Tracy Ct
E Mill Creek Pkwy
S Cedar Ct
S Oakhurst Ct
S Maple Ct
E Center Ct
E Iris Ct
N Citrus Ct
E Myrtle Ct
EHoward Ct
S Thomas
St
E Kaweah Ct
NCrumal St
S Clark St
S Spruce St
S Bradley St
E Laurel Ct
S Pinnacle Ct
E Iris Ave
S Tipton St
N
Sumter St
S Elverta St
Acequia Ct
S Laguna St
E Myrtle Ave
W Iris Ave
W Howard Ave
W Feemster Ave
N Valley Oaks Dr
E Princeton A ve
S Crumal St
E Vista Ave
E Valley Oaks Dr
Rd 146
S Bardo St
E Goshen Ave
0 500
.
1,000 2,000 Feet
E Mineral King Ave
276
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0516 Agenda Date: 12/16/2024 Agenda #: 8.

Agenda Item Wording:

Request Approval of Construction Change Order - City Council to approve Construction Change Order #1 in the amount of $546,408 to Avison Construction Inc. for the Shirk Capacity Enhancement Project and appropriate $845,017 from the Storm Sewer Construction Fund.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:

Staff recommends that the City Council authorize city staff to execute Construction Change Order #1 for 546,408 to Avison Construction Inc. for the Shirk Capacity Enhancement Project and appropriate $845,017 from the Storm Sewer Construction fund 221. This change order will allow for the installation of approximately 1,700 linear feet of new Storm Drain line along Shirk Street between Grove Ave to Hillsdale Ave, extend the sanitary sewer line limits north of Riggin Avenue, and change the sanitary sewer material type.

Background Discussion:

The Shirk Capacity Enhancement project spans from School Ave to Riggin Ave and consists of widening the east side of Shirk St at various locations to accommodate four lanes of travel with a center two-way left turn lane, buffered Class II bike lanes and the installation of approximately 8,200 lineal feet of 48” diameter sewer main and associated infrastructure in the existing street. The project will modify existing traffic signals to accommodate the new street configuration as well as install a new traffic signal at Doe Ave and Shirk St.

As directed by the City Council through a prior budget process, the operational improvement widening of Shirk Street between School Ave and Riggin Avenue will be implemented as soon as possible, and the full, ultimate arterial street design requirements will be implemented as a subsequent phase, as further development occurs, and the needed right of way is dedicated to the City. City staff estimates that this Shirk corridor capacity enhancement project will operate at a reasonable level of service for a minimum of 10 years.

Visalia City Council Page 1 of 4 Printed on 12/13/2024
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File #: 24-0516 Agenda Date: 12/16/2024 Agenda #: 8.

Construction Change Order #1:

City staff coordinated with the project awarded contractor, Avison Construction Inc., to receive a cost for the following changes to the project:

1. Extend the sewer line north of Riggin Avenue to connect to an adjacent development sewer line. This includes around 370 linear feet of 48” sewer trunkline and associated improvements.

2. Install approximately 1,700 linear feet of storm drain line as identified in the in-progress City’s Storm Master Plan, between Grove Ave and Hillsdale Ave. Storm drain line varies in size from 18”-42”.

3. Change the sewer pipe type to a comparable but less expensive material. This resulted in a substantial credit.

See below the breakdown for the change order #1:

Shirk Capacity Enhancement Project Budget (CP0369) - Change Order #1 Breakdown CO Item #1 - Additional Storm Drain (SD) Line (Fund 221) $757,213.00 CO Item #2 - Traffic Control for SD line (Fund 221) $36,284.00 CO Item #3 - Bid Item #20 increase - Trench Repair SD (Fund 221) $51,520.00 CO Item #4 - Additional Sanitary Sewer (SS) Line $300,612.00 CO Item #5 - Traffic Control for SS line $8,547.00
CO Item #6 - SS line Material Change ($607,768.00)
Storm Drain Items - #1-3 $845,017.00
Items - #4 - 6 ($298,609.00)
Total Change Order: $546,408.00
This change order was approved by the Change Order Committee on December 4th, 2024.

Projects Timeline:

Shirk Capacity Enhancement Project - Construction awarded 9/21/2024, project is anticipated to begin early 2025.

Fiscal Impact:

Shirk Capacity Enhancement Project is a multi-funded project with funds budgeted from the Gas Tax Fund (111), Wastewater Trunkline Fund (231) and funds budgeted from the Measure R Local Fund (131). Additional appropriation of funding from Sewer Storm Construction Fund (221) to cover the additional storm line construction, see project budget below:

Shirk Capacity Enhancement Project Budget (CP0369)
Shirk Project Budget
Gas Tax (fund 111) $2,430,699.20
Measure R Local (Fund 131) $6,141,000.00
Wastewater Trunkline (Fund 231) $13,294,721.69
Storm Sewer Construction (Fund 221) $845,017.00
Total Project Funding $2271143789
Visalia City Council Page 2 of 4 Printed on 12/13/2024
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File #: 24-0516 Agenda Date: 12/16/2024 Agenda #: 8.

Shirk Capacity Enhancement Project Budget (CP0369)
Shirk Project Budget
Gas Tax (fund 111) $2,430,699.20
Measure R Local (Fund 131) $6,141,000.00
Wastewater Trunkline (Fund 231) $13,294,721.69
Storm Sewer Construction (Fund 221) $845,017.00
Total Project Funding $22,711,437.89
Estimated Project Costs:

Project Management $350,000.00
Design Services $810,000.00
Acquisition Cost (ROW) $396,299.24
Misc Administration Fees (RR permit) $3,000.00
Utility Relocation SCE (distribution pole relocation) $150,000.00 Cal Water Relocation $35,000.00
Railroad Coordination $50,000.00
Construction Sewer Installation Base Bid (B) $9,998,000.00 Construction Street Construction Base Bid (A) $6,446,225.00 Construction Contingency (minus CO#1) $1,098,014.50
Construction Management ~(3%) $452,167.06
Construction Services (Material Testing, Inspection, Survey) $1,233,316.88 Construction Change Order #1 $546,408.00
Total Estimated Project Costs: $21,568,430.68
Surplus (Deficit) $1,143,007.21
This appropriation will pull funding from CIP0656, which is scheduled to construct a storm trunkline in Shirk St south of HWY198 in fiscal year 26/27. The storm line identified with this project takes priority; CIP0656 will be postponed until the fund is replenished. Any surplus funds will be returned to the originating funding source.

Prior Council Action:

October 21, 2024
Construction Management Services Contract Award - Authorized the City Manager to execute an agreement with NV5, Inc. to provide construction management services for two City Projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83.

September 21, 2024
RFB Award & Appropriation of Funds: Authorize City Manager to award the construction contract to Avison Construction Inc. for RFB 23-24-19, Shirk Capacity Enhancement Project from School Avenue Visalia City Council Page 3 of 4 Printed on 12/13/2024
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File #: 24-0516 Agenda Date: 12/16/2024 Agenda #: 8.

Avison Construction Inc. for RFB 23-24-19, Shirk Capacity Enhancement Project from School Avenue to Riggin Avenue in the amount of $16,444,225.00 and authorize additional appropriation of funds.

October 16, 2023
Authorized the City Manager to approve Amendment No. 2 with Quad Knopf Consultants for additional professional design services in the amount not to exceed $139,635.

September 20, 2021
Public hearing to consider and adopt a Resolution of Necessity to acquire portions from three separate properties APN 077-780-003; 077-640-001 and 077-650-001 generally located along Shirk Street between Riggin Avenue and Goshen Avenue for the purpose of widen Shirk Street.

August 3, 2020
Adoption of Resolution No. 2020-42 authorized the acceptance of portions of an “Irrevocable Offer of Dedication” for street right-of-way on the east side Shirk Street just north of Ferguson Avenue and between Doe Avenue and Goshen Avenue. In addition, adopted resolution No. 2020-43 designating a portion of City owned property located at APN 077-710-077 which is property located along the east side of Shirk Street just south of Ferguson Avenue, as part of the public City Street System.

October 21, 2019
Authorized the City Manager to enter into a contract with Quad Knopf, Inc. for RFP 19-20-08 to prepare Plans, Specifications, and Estimates for the Shirk Capacity Enhancement and Sewer Trunkline Project in the amount not to exceed $533,746.

Recommended Motion (and Alternative Motions if expected):

I move to approve Construction Change Order #1 in the amount of $546,408 to Avison Construction Inc for the Shirk Capacity Enhancement Project and appropriate $845,017 from the Storm Sewer Construction Fund.

Environmental Assessment Status:

CEQA Exemption - 2024-48
Attachments:

1. Construction Change Order #1 Package

2. Project Location Map
Visalia City Council Page 4 of 4 Printed on 12/13/2024
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CITY OF VISALIA
315 East Acequia Avenue Visalia, CA 93291
Engineer Contractor Specifications Exhibits
Change Requested by: X Attachments: X
To: Contractor
DESCRIPTION OF WORK:

Item
No. Category Net increase *Net decrease
1 CofS $757,213.00 $0.00
2 CofS $36,284.00 $0.00
3 CofS $51,520.00 $0.00
4 CofS $300,612.00 $0.00
5 CofS $8,547.00 $0.00
6 CofS $28,000.00 $0.00
7 CofS $0.00 ($607,768.00)
$1,154,176.00 ($607,768.00)
Change Order No.: 1 3010-72000/CP0369-999
Description of Change Order
Additonal Storm Drain Line
Categories: E&O=Errors & Omissions; UT=Utilities; BQ=Balance of Quantities; UN=Unforeseen; CofS=Owner Directed Change of Scope Avison Construction Inc.

You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the Engineer.

Description of work to be done, estimate of quantities and prices to be paid. (Segregate between additional work at contract price, agreed price and force account.) Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List.

Diego Corvera N/A
December 2, 2024
December 4, 2024
Plans
X
City Project No.:

Federal No.:

PO3996
Submitted by:

Date Submitted:

Total Cost of Change Order: $546,408.00
Purchase Order No.:

Package No. of Pages
Total Change
$757,213.00
Committee Review Date:
$0.00
($607,768.00)
Additional Trench Repair for SS line Bid Item #20
Pipe and Manhole Material Changes
Additional Traffic Control for SD Installation

CHANGE ORDER FORM
Shirk Capacity Enhancement Project
Additional Traffic Control for SS Installation $8,547.00 ITEM 2: Extra work AGREED PRICE
Contractor will be responsible for traffic control operations during constuction. Traffic control will be active for each segment of the storm line installation between Nicholas Ave to Hillsdale Ave.

ITEM 3: Increase in BID ITEMS at unit price
$36,284.00
Additional Trench Repair for SD line Bid Item #20 $51,520.00 Additional Sanitary Sewer $300,612.00
* note: enter "decrease" as a negative number (i.e. -1000) Contractor to install storm drain line as depicted on the attached supplemental plan set. Storm line will be installed between Nicholas Ave to Hillsdale Ave. This work involves trenching of the roadway to install storm pipe at the design elevations, trench backfill per project specifications and manhole construction per project specifications.

Item Details:

Note: Include Method of Payment, Location & Limits of Work, Description of Work to be Done, Applicable Specification Changes, Plan Sheet Changes, and Exhibits to provide clear direction. Attach all supporting documents for CO Committee.

ITEM 1: Extra work AGREED PRICE