Agenda packet — Visalia City Council, May 5, 2025 (part 1 of 2)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brett Taylor
Vice Mayor Liz Wynn
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Brian Poochigian
City Council Chambers7:00 PMMonday, May 5, 2025

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:

2. Outstanding Industry Partner in Education Award 25-0120

3. Cannabis Ordinance Discussion - Provide staff with initial direction on preliminary Cannabis Ordinance content and structure. 25-0134

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1 Visalia City Council Meeting Agenda - Final May 5, 2025

4. Fire Department Overview Presentation - Fire Department command staff are presenting an overview of the Fire department to include a general overview of the operations, response data and updates on projects and programs.
25-0159

5. Civic Center Phase 2 Update Presentation. Receive a
presentation and update on the Visalia Civic Center Phase 2 Project.
25-0170
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION LED BY EXECUTIVE PASTOR JONATHON CHANO,

RESTORATION MINISTRY

SPECIAL PRESENTATION / RECOGNITION
Arbor Day 2025

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.

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2 Visalia City Council Meeting Agenda - Final May 5, 2025

1. Authorization to read ordinances by title only. 25-0089

2. Valley Strong Ballpark Outfield Fence & Batter’s Eye Replacement Project Award- Authorize the City Manager to sign the construction contract with Forcum/Mackey Construction, Inc., in the amount of $915,000 for the Valley Strong Ballpark Outfield Fence & Batter’s Eye Replacement Project.
25-0079

3. Fire Department Medical Director Contract - Authorize the City Manager to enter into a medical director services contract with Chadi Kahwaji Incorporated for not to exceed $42,000 annually for one year, with the option to renew for 4 additional one-year terms for a total of 5 years.
25-0131

4. Award Visalia Housing Loan Portfolio Contract - Authorize the City Manager to sign a contract with AmeriNational Community Services for a 5-year agreement to manage the City of Visalia Housing Loan Portfolio from FY 2025/26 through FY 2029/30, for an amount not to exceed $149,190.
25-0135

5. Accept the City of Visalia Cash and Investment Report - Accept the City of Visalia Cash and Investment Report for the third quarter of the fiscal year which consists of months January, February, and March of 2025.
25-0161

6. Award a Contract for the Repair and Maintenance of
Compressed Air Systems -
Authorize the City Manager to award a contract to Air & Lube Systems Inc. for the repair and maintenance of compressed air system components for the Fleet Maintenance Division in an amount not to exceed $ 30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to ( 4) additional one-year terms.
25-0139

7. Contract for the Repair and Maintenance for Lube Systems - Authorize the City Manager to award a contract to Air & Lube Systems Inc. for the repair and maintenance of lube system components for the Fleet Maintenance Division in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to (4) additional one-year terms.
25-0140

8. Authorization to Submit Allocation Request for V-LINE Transit Service - Authorization to submit an allocation request in the amount of $451,557 to the California Department of Transportation Low Carbon Transit Operations Program (LCTOP) for operating funds to continue funding the V-LINE operations and approve the funds to be appropriated when the grant is awarded (Resolution No.2025-28).
25-0148

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3 Visalia City Council Meeting Agenda - Final May 5, 2025

9. Mural Request - Consideration of a mural application request from Tulare County Farm Bureau for one mural located on the
south-facing wall of the building located at 737 North Ben Maddox Way.
25-0152

10. Request Authorization to File Notice of Completion and Appropriation of Funds for Network Fiber Connectivity Project - Authorize the filing of a Notice of Completion the Network Fiber Connectivity at the Visalia Animal Care Center, and appropriate an additional $27,000 from the ARPA Fund.
25-0150

11. Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Rotary Park Playground
Replacement Project.
25-0153

12. Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Jefferson Park Playground Replacement Project.
25-0154

13. Consolidated Water District Formation Ballot Measure - Authorization to not submit ballots for a petition to form the Consolidated Water District in parts of Tulare County.
25-0162

14. Resolution Adopting Objective Design Standards - Adoption of Resolution No. 2025-30 pertaining to the approval of Objective Design Standards in accordance with the City Council’s prior action taken for Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining 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. 25-0165

15. Request by Vice Mayor Liz Wynn - Request for a future agenda Item regarding additional recreational opportunities such as pickleball courts or other short-term projects.
25-0166

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.

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4 Visalia City Council Meeting Agenda - Final May 5, 2025

1. Appeal of Historic Preservation Advisory Committee’s denial- A public hearing to consider an appeal of the Historic Preservation Advisory Committee’s denial of a request to replace 48 windows on a single-family residence located in the D-MU (Downtown Mixed Use) Zone. The project site is located at 410 North Court Street (APN: 094-271-006).
25-0149

2. Notice of Award Civic Center Phase 2. Authorize the City Manager to execute an agreement with Seals Construction, of Visalia, CA in the amount of $72,780,000, and authorize additional appropriation of funds for the full project cost $99.3 million for the Visalia Civic Center Phase 2 Project.
25-0069

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings
Monday, May 19, 2025 @ 7:00 p.m. at 707 W. Acequia
Monday, June 2, 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.
25-0129

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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0126 Agenda Date: 5/5/2025 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Parks and Recreation Department - Trails Division
Fernando Moran, Trails Maintenance Supervisor
Chad Widman, Trails Maintenance Technician
Jordan Conway, Trails Maintenance Worker
Cesar Aceves, Trails Maintenance Worker
Noah Archuleta, Trails Maintenance Worker
David Elizarraraz, Trails Maintenance Worker
Andrew Noel, Trails Maintenance Worker
Elisabeth Nunez, Trails Maintenance Worker
Joaquin Ortiz, Trails Maintenance Worker
Paul Vasquez, Trails Maintenance Worker
Visalia City Council Printed on 4/30/2025Page 1 of 1
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0120 Agenda Date: 5/5/2025 Agenda #: 2.

Agenda Item Wording:

Outstanding Industry Partner in Education Award
Visalia City Council Printed on 4/30/2025Page 1 of 1
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7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0134 Agenda Date: 5/5/2025 Agenda #: 3.

Agenda Item Wording:

Cannabis Ordinance Discussion - Provide staff with initial direction on preliminary Cannabis Ordinance content and structure.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, (559) 713-4190
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Receive staff report and presentation and provide staff with initial direction for the preliminary Cannabis Ordinance and business application process content and structure.

Background Discussion:

On March 3, 2025, the City Council authorized staff to proceed with drafting a cannabis ordinance for adoption, but during the adoption process setting the number of businesses permitted to operate in the City of Visalia to zero, effectively establishing the regulatory framework for such businesses but not yet permitting such businesses to operate within the City. Staff held a kickoff meeting with the City’s consultant, HdL Companies, to establish all departments and divisions including specific staff members that will be involved in the ordinance process but also noted that this endeavor requires some initial input from Council to craft the preliminary concept and framework of the ordinance that will be brought back to Council for a more detailed review at a later date.

It should also be noted that HdL Companies has initiated the apportionment portion of their scope of work as this is essentially a separate task from the overarching cannabis ordinance task itself, though any necessary policy updates will occur as part of the cannabis ordinance adoption process itself.

Staff will bring more information about the apportionment component of the cannabis ordinance when staff returns at a later date with more direction on the content and framework of the cannabis ordinance as noted above.

Staff will return at the next Council meeting to review questions #7 through #9 below as they will likely require in-depth discussion on their own. Staff is sharing those questions at this time purely to introduce the concepts to Council.

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Items for discussion:

Below is a list of the specific items staff is seeking input and direction from Council on along with initial guidance from HdL and staff:

1. Where in the municipal code should the cannabis business ordinance be placed? While many elements of the cannabis ordinance can be placed in several separate titles (ex. Title 17:

Zoning, Title 5: Business Regulations, Title 3: Revenue and Finance, Title 8: Health and Safety), it may be simpler for staff and the general public to create a new title, similar to the Agricultural Preservation Ordinance (Title 18), that would contain all necessary municipal code updates regarding cannabis in one section of the municipal code. This could make administration for future use more convenient.

Recommendation: Staff recommends placing the entire cannabis ordinance, including moving Chapter 5.66 “Regulationsand Requirements for Cannabis Businesses Permitted To Operate Under California State Law” into one of the reserved titles (i.e., Title 4, Title 7, Title 11, or Title 14). This would alleviate having to research multiple sections of the municipal code to understand the rules and regulation governing cannabis businesses.

2. Which uses or business types does the City want included or excluded? (Eventually that is, given the number of business permits allowed at time of ordinance adoption will be zero, regardless of type), and what zones would the City like to allow the various business types in?
There are seven California Department of Cannabis Control (DCC) license types as follows <https://cannabis.ca.gov/applicants/license-types/>:

1. Cultivation 2. Manufacturing

3. Distribution 4. Testing laboratory

5. Retail 6. Microbusiness

7. Event

1. Cultivation: This includes various sub licensee types pertaining to the growing of cannabis.

Types of licensees include indoor cultivation, outdoor cultivation, mixed-light cultivation (such as a greenhouse), they are also categorized on the size of the operation, from “Cottage” type operations to “Large”operations, and whether the license is for a “Nursery”meaning cultivators that grow plants, seeds, or other types of cannabis, or a “Processor.” One that may be of particular interest to consider is the ‘Processor’type of cultivation license which, according to the DCC website is “for cultivators that only trim, sift, cure, dry, grade, package or label cannabis”.

Recommendation on this type of business: Staff would not recommend considering outdoor cultivation of any size as it’slikely not the highest and best use of developable land. Further, indoor cultivation may be difficult given the typically high energy requirements and potentially high-water consumption needs as well as odor and low job creation concerns. For the most part, cultivation may not be a good fit, with the exception of the ‘Processor’license type as Visalia could offer a competitive location to conduct such activities without the potential concerns of the other cultivation use types. Visalia may be competitive not only because of the central location in California, but also Visalia City Council Printed on 5/2/2025Page 2 of 10
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because of the concentration of the food packaging industry in the region.

Potential Zoning considerations: “Processor”only cultivation could potentially be appropriate in the Service Commercial (C-S), Light Industrial (I-L), or Industrial (I) zones given the similarities to distribution and light manufacturing/food processing uses.

2. Manufacturing: This pertains to cannabis containing products as opposed to ‘raw’cannabis itself; this, too, consists of several sub-types of businesses, all of which could likely operate in an industrial park or service commercial setting.

Recommendation on this type of business: Staff would recommend considering allowing cannabis product manufacturing. For similar reasons as above, including in this case not only the concentration of the food packaging industry but also the food processing industry itself.

Potential Zoning considerations: This use could potentially be appropriate in the Service Commercial (C-S), Light Industrial (I-L), or Industrial (I) zones given the similarities to light manufacturing/food processing uses. Though Type 7 (volatile solvent manufacturing) license holders may be more appropriate in the Industrial (I) zone only given the potential use of flammable gases in the manufacturing process.

3. Distribution: This pertains to the movement and storage of cannabis products. a. Type 11 - This type of distributor can move cannabis products between cultivation, manufacturing, or distribution premises, provide storage services to other licensees, and arrange for testing of cannabis goods.
b. Type 13 - Transport only, they can only move cannabis and cannabis products between cultivation, manufacturing, or distribution premises.

Recommendation on this type of business: Staff would recommend considering allowing distribution use types for similar reasons as mentioned above, particularly given Visalia’s competitive strategic location in the state.

Potential Zoning considerations: This use could potentially be appropriate in the C-S, I-L, or I zones given the clear similarities to other distribution uses.

4. Testing laboratory: This use is associated with laboratories that test cannabis goods prior to sale of these products at a retailer.

Recommendation on this type of business: Staff would recommend considering allowing laboratory use types, mainly as it could occupy appropriate office settings including potentially Business Research Park properties or other vacant office parks. Further, these facilities likely have the least amount of cannabis goods stored on site amongst the various cannabis use types.

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Potential Zoning considerations: Currently, zones where medical laboratories are currently permitted or conditionally permitted include Commercial Mixed Use (C-MU), Downtown Mixed Use (D-MU), Office Professional Administrative (O-PA), and Business Research Park (BRP) while labs pertaining to manufacturing (chemical products, organic or inorganic) are permitted in the BRP, I-L, and I zones.

5. Retail: Per SB 1186, the City is mandated by the state to permit delivery only (non-storefront) of medical marijuana retail businesses (which Council passed Ordinance No. 2023-13 to establish objective standards in order to implement). The other cannabis types of businesses to potentially permit would include storefront retail, storefront medical only, and retail delivery only (non- storefront).

Recommendation on this type of business: Staff would recommend considering allowing retail and medical storefront and delivery only retail businesses, particularly if Council was to consider allowing distribution or manufacturing use types which could also act as fulfillment centers for retail orders.

Please note that at this time as the cannabis ordinance is in the early stages of being drafted and Council has directed staff that no businesses would be permitted to operate in the City of Visalia once the ordinance is adopted, staff and the consultant are seeking input, for future consideration, as to how many operations Council may wish to consider at a later time.

The consultant, HdL has initially estimated that retailers in Visalia could potentially have gross receipts of approximately $18 million annually. Based on this estimated level of revenue, HdL believes this could support between five to seven retailers. Staff is providing this information to the City Council so that the Council is aware of the potential number of businesses that this company believes operate in Visalia without too much cannibalization of business. Should the Council decide to allow retail outlets, staff would recommend starting with a smaller number.

For additional background, Hanford currently allows three storefront licenses and two non-storefront licenses with no limits on other types of businesses. Farmersville has three retail storefronts and allows other types of uses, and the City of Tulare allows up to five retail storefront licenses but no other types of cannabis businesses. Below is a chart with more information indicating the number of licenses allowed in neighboring communities:

City # Allowed
Hanford 3 storefront, 2 non-storefront retail, no known limit on other use types Lemoore No more than 1 storefront per 12,000 residents, No known limits on other uses
Woodlake 1 plus an additional storefront per every 5,000 residents No known limits on other uses
Farmersville 3 storefronts exist, no known limits
Tulare Up to 5 storefront, no other uses allowed
Porterville 2 plus an additional storefront per 25,000 residents, No limit on other uses
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Potential Zoning considerations: Storefront licenses should likely be considered in the commercial and mixed-use zones (i.e., Neighborhood Commercial [C-N], Regional Commercial [C-R], C-S, C- MU, D-MU) given they are retail operations. However, depending on potential buffer requirements from sensitive land uses, such as schools, parks or housing, the C-N zone district may not be an appropriate zone to consider. Further, if Council does not wish to consider these uses in Downtown Visalia, it would not be appropriate to consider D-MU either. For additional context, Smoke shops are conditionally allowed in C-MU and D-MU zones and Liquor stores (not within 300-feet of residential/public use) are conditionally permitted in C-N, C-R, and C-MU, zones and permitted in D- MU zone.

Non-storefront only retail operations should likely locate in I-L, I, or C-S zones as they would function similar to a distribution or fulfillment center.

6. Microbusiness: This use is unique as license issued for this type of business (i.e., Type 12 license) is for businesses that do at least three of the following activities at one location:
o Cultivation - up to 10,000 total square feet
o Manufacturing - use of non-volatile solvents, mechanical extraction or infusion o Distribution or distribution transport-only
o Retail - storefront or non-storefront
Recommendation on this type of business: Based on staff recommendations above, staff would recommend considering allowing microbusiness use types that do not include cultivation, other than the ‘Processor’ cultivation license type.

Potential Zoning considerations: Considering the zoning recommendations for the Processor Cultivation license, Manufacturing and Distribution uses and the requirement that a Microbusiness license include at least two of these license types, the zones considered for Microbusiness uses should be limited to I-L, I or C-S zones.

7. Event: Temporary cannabis events are multi-day events where people can sell and consume cannabis. These events last from one to four days at a location approved by a city or county.

There are two types of event licenses:
o Event Organizer - for the person hosting cannabis events o Temporary cannabis event - for the event itself
§ Cannabis events can only be held by a person with an event organizer license Recommendation on this type of business: Staff recommends that the City Council not allow Cannabis events, at least until the City has some experience with the industry.

3. What sensitive uses would the City like to identify, and what size buffers? Discussion: The Delivery only medical marijuana retail business ordinance (No. 2023-13) identifies planned or existing schools (through high school) inside and outside of city limits as sensitive uses and establishes a 500-foot buffer requirement. Specifically, “planned”means property designated on the general plan of the city for such use, or other official planning documents of the city, or property owned or leased by the city for such use.

For additional context, Section 38. of SB 94 (the Medicinal and Adult-Use Cannabis Regulation and Visalia City Council Printed on 5/2/2025Page 5 of 10
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For additional context, Section 38. of SB 94 (the Medicinal and Adult-Use Cannabis Regulation and Safety Act) indicates that a “premiseslicensed under this division shall not be located within a 600- foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or a local jurisdiction specifies a different radius.” Also, the City of Hanford has a buffer distance of 200-feet from residential and 600-feet from other uses such as schools and day care centers, but no other cities have an expressed buffer from residential, though the City of Farmersville has a 300-foot buffer from churches. Below is a chart that details expressed buffers in the neighboring communities.

City storefront buffer
residential
storefront
buffer all
others
Non-storefront
buffer
residential
Non-storefront
buffer others
Hanford 200' 600' 200' 600'
Lemoore 600' 600'
Woodlake 1000' 1000'
Farmersville (churches) 300' 1000' (churches) 300' 1000' Tulare 600'
Porterville 600'
Furthermore, Section 17.62 (Adult-Oriented Business) of the Zoning Ordinance identifies minimum proximity requirements for those types of businesses as follows:
· Within seven hundred fifty (750) feet of any existing schools, including licensed day care facilities, libraries, parks or other recreational facilities where minors congregate, located either inside or outside of the city limits;
· Within seven hundred fifty (750) feet of any existing or planned for park or other recreational facility where minors congregate, located either inside or outside of the city limits; · Within seven hundred fifty (750) feet of any land that carries a general plan land use designation that contains the words residence or residential within its title. · Within seven hundred fifty (750) feet of any existing church or religious institution, located either inside or outside of the city limits.

Recommendation on defining sensitive land use and distance requirements: Staff recommends listing the following as sensitive land uses:
· Existing schools, including licensed day care facilities, libraries, parks or other recreational facilities where minors congregate; and
· Any existing or planned for park or other recreational facility where minors congregate; and · Any land that carries a general plan land use designation that contains the words residence or residential within its title; and
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· Any existing church or religious institution, located either inside or outside of the city limits.

To be consistent with Section 17.62, staff would also recommend the distance be established at 750- feet.

4. Hours of operation restrictions?
No such restrictions are required in the existing delivery only medical marijuana retail business ordinance. There are varying hours of operation guidelines in the neighboring communities. Below is a chart indicating those specific guidelines.

City Hours of operation
Hanford Storefront retail - 9am -9pm
Lemoore According to underlying zone district and city's noise ordinance Woodlake Between 6am and 9pm (non-storefront until 10pm) Farmersville Between 6am and 9pm
Tulare Between 8am and 8pm
Porterville Storefront - between 10am and 10pm weekdays, and 9am and 11pm weekends
Recommendation on hours of operation: Staff has several considerations for Council to consider in terms of hours of operation restrictions beyond any underlying zoning or city noise ordinance implications, but is ultimately seeking Council’s input on the issue:
o The recommended buffers from sensitive uses and sensitive uses themselves (particularly land that contains the words residence or residential within its title) stated above should limit potential disruptions to sensitive uses after typical business operating hours. o According to the CA DCC, retailers can sell cannabis goods between 6:00 a.m. and 10:00 p.m. with delivery drivers returning to the retail premises no later than 10:00 p.m. o Non-retail operations such as distribution or manufacturing typically operate swing shifts or 24 hours/day and are typically located away from sensitive uses in industrial park settings.

Council can also direct staff to bring back more examples of other communities that permit cannabis bushiness and note the hours those communities permit these types of businesses to operate before deciding on established hours of operation in the draft ordinance.

5. Additional security measures?
There are extensive security requirements included in the delivery only medical marijuana retail business ordinance (see attached for full detail). See sections 5.66.030 (Application requirements),

5.66.050 (Security Plans), and 5.66.090 (Performance standards), sub section I for potential requirements to consider for any of the potential cannabis business types.

Recommendation on security measures: Consider the existing security measures included in the medical marijuana retail business ordinance and also consider including the following:

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microbusinesses that include a retail storefront component:
- Thorough verification measures of age of customer
o 18 or older for medicinal use only - requiring adequate verification of physician’s recommendation
o 21 and over for adult use
- Security personnel or staff monitoring controlled/locked access to the retail portion only, with separate reception/lobby area
o Customers will only have access to retail portion of facility o Any vendors, contractors or other individuals that have authorized access by business to any limited access areas of the facility must be escorted at all times by an employee of the licensed cannabis business and a log must be maintained of any such individuals gaining access to these limited access areas
- Requirement to provide onsite security personnel during operating hours, or potentially 24 hours a day
- Security cameras monitoring retail portion of facility shall be positioned in order to clearly capture facial features of customers at point of sale locations For laboratory testing uses, or distributor and manufacturer uses that utilize laboratory testing services, all transfer or transportation of products for testing will need to be performed pursuant to a specified chain of custody protocol that the appropriate business will establish and have approved by the Visalia Police Department.

6. Term of license?
One year is standard for these types of licenses. See chart below for verified stated license terms for neighboring communities.

City Term of license
Hanford Expire Dec 31 annually
Lemoore No more than 1 year
Woodlake Expire Dec 31 annually
Farmersville Annual
Tulare Expire Dec 31 annually
Porterville Expire Dec 31 annually
Recommendation on license renewal term: Require annual terms to expire June 30th annually to align with our regular business tax term.

As previously indicated, the following questions are to be discussed at the next Council meeting with more detailed background information provided by staff. Staff is sharing at this time purely to introduce the concepts to Council:

7. What kind of business application and selection process is preferred, and does the City Visalia City Council Printed on 5/2/2025Page 8 of 10
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want to define it within the ordinance or by resolution? HdL strongly recommends the business application and selection process be defined and approved separately by resolution. In the local region, HdL has assisted the Cities of Hanford, Farmersville, Porterville, Fresno, and Firebaugh with developing their application and review processes.

Additionally, HdL conducted the reviews for these cities with the exception of Fresno.

HdL has indicated that selection processes for any such uses that may require limiting the number of licenses to issue (e.g., retail storefront) that include a lottery drawing method are less exposed to potential litigation by unselected applicants. The process should also include thorough application requirements and thorough quality assurance review for submitted applications should more applicants apply than licenses can be issued. As noted above, staff will return at the next Council meeting to review this question with more in-depth analysis and examples for Council’s consideration.

8. Who would approve the licenses (Planning Director, City Manager, City Council)? HdL has indicated that communities in which the City Manager or their designee, or other city staff that approve licenses, as opposed to the City Council, are typically less exposed to litigation. As noted above, staff will return at the next Council meeting to review this question with more in-depth analysis and examples for Council’s consideration.

9. Who would hear appeals?
In the delivery only medical marijuana retail business ordinance, the City Manager or designee is who hears the appeal after a written notice of appeal is filed with the city clerk within 10 business days of receipt of business license denial. There is no appeal to the City Council. As noted above, staff will return at the next Council meeting to review this question with more in-depth analysis and examples for Council’s consideration.

10.Any other input not discussed above?
Next Steps:

Staff will return to the next Council meeting to review questions #7 through #9 in detail. Staff will then work with HdL to format and structure the draft cannabis ordinance and business application and selection process resolution with the appropriate content as directed by Council. Staff will then return to Council at a later date for further review of these materials and also to review the apportionment policy suggestions.

Staff will also seek input from several business group partnerships such as the Visalia Chamber, Downtown Visalians, the Tulare Kings Hispanic Chamber of Commerce and the Visalia EDC, as well as the Citizens Advisory Committee. Any input received will be presented to Council in future presentations.

Fiscal Impact: None at this time
Prior Council Action: March 3, 2025 - Council authorized staff to proceed with drafting a cannabis business ordinance for adoption but during the adoption process, set the number of businesses permitted to operate in the City to zero effectively establishing the regulatory framework for such businesses but not yet permitting such businesses to operate.

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

No formal action required. All comments, feedback, and any unanswered questions received will be brought back to the City Council as a future Work Session as staff and the consultant work on drafting the cannabis ordinance.

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

1. Staff PowerPoint Presentation

2. Ordinance No. 2023-13 (portions pertaining to potential security measures for consideration)

3. Resolution No. 2024-24 (Cannabis Business Tax Measure Ordinance) Visalia City Council Printed on 5/2/2025Page 10 of 10
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25 26
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31 32
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55 56
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•
•
•
•
City # Allowed
Hanford 3 storefront, 2 non-storefront retail, no known limit on other use types Lemoore No more than 1 storefront per 12,000 residents, no known limits on other uses Woodlake 1 plus an additional storefront per every 5,000 residents, no known limits on other uses Farmersville 3 storefronts exist, no known limits
Tulare Up to 5 storefront, no other uses allowed
Porterville 2 plus an addtl. storefront per 25,000 residents, no limit on other uses 61 •
•
•
•
62 •
•
63 City storefront buffer
residential
storefront
buffer
all others
Non-storefront
buffer
residential
Non-storefront
buffer others
Hanford 200' 600' 200' 600'
Lemoore 600' 600'
Woodlake 1000' 1000'
Farmersville (churches) 300' 1000' (churches) 300' 1000' Tulare 600'
Porterville 600'
64 65
City Hours of operation
Hanford storefront retail - 9am -9pm
Lemoore according to underlying zone district and city's noise ordinance Woodlake between 6am and 9pm (non-storefront until 10pm) Farmersville between 6am and 9pm
Tulare between 8am and 8pm
Porterville storefront - between 10am and 10pm weekdays, and 9am and 11pm weekends
66 •
•
•
67 •
•
•
•
•
68 69
City Term of license
Hanford expire Dec 31 annually
Lemoore no more than 1 year
Woodlake expire Dec 31 annually
Farmersville Annual
Tulare expire Dec 31 annually
Porterville expire Dec 31 annually
70 71
72 73
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0159 Agenda Date: 5/5/2025 Agenda #: 4.

Agenda Item Wording:

Fire Department Overview Presentation - Fire Department command staff are presenting an overview of the Fire department to include a general overview of the operations, response data and updates on projects and programs.

Deadline for Action: 5/5/2025
Submitting Department: Fire Department
Contact Name and Phone Number: Tom Van Grouw, Fire Battalion Chief [email protected] 559-713-4265; Dan Griswold, Fire Chief 713-4220 [email protected]
Department Recommendation:

Receive a presentation from the Fire Department command staff.

Background Discussion:

Fire Department command staff are presenting an overview of the Fire Department to include a general overview of the operations, response data and updates on projects and programs. This presentation will focus on a department overview and the suppression operation. There will be a future presentation for the Emergency Medical Services (EMS) Division of the Fire Department and one for the Fire Prevention Division.

Please see the attached presentation.

Fiscal Impact:

No fiscal impact.

Prior Council Action: No prior council action.

Other: None.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

No motion required.

Environmental Assessment Status: Not applicable.

CEQA Review: Not applicable.

Attachments: Visalia Fire Department 2025 Department Overview Presentation Visalia City Council Printed on 5/1/2025Page 1 of 1
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74 VISALIA FIRE

DEPARTMENT
2025 Department Overview

DAN GRISWOLD, FIRE CHIEF

TOM V AN GROUW, DEPUTY CHIEF
75 ORGANIZATIONAL CHART
Allocated 88 Positions
76 PERSONNEL

OPERATIONS
• Battalion Chief (3)
• Fire Captain (21)
• Fire Engineer (21)
• Firefighter Paramedic (27)
• Squad Paramedic (6)

ADMINISTRATION
• Fire Chief (1)
• Deputy Chief (1)
• EMS Coordinator (1)
• Training Captain (1)
• Administrative Support Staff (2)
• Fire Prevention Staff (4)
22 33%
16 24%
11 16%
10 15%
6 9%
2 3%

TIME WITH VISALIA FIRE
Under 5 Years
5-9 Years
10-14 Years
15-19 Years
20-24 Years
25+ Years
77 FIRE STATIONS
STATION 53
-

5025 W. WALNUT AVENUE
STATION 54
-

440 W. FERGUSON STREET
STATION 52
-

2224 W. MONTE VISTA
STATION 55
-

6921 W. FERGUSON AVENUE
STATION 51
-

309 S. JOHNSON STREET
78 NEWLY CONSTRUCTED STATION 56
FIRE STATION 56
1315 S. LOVERS LANE
• Completed August 2024
• 6800 Sq-ft Facility
• Cost of $7.6 million
• Made possible by Visalia voters and
funding from Measure N, the
Visalia Essential City Services
Measure.
79 TRAINING AND SPECIALTY TEAMS
Training
• Overview
• Training Center 55
• Acting Programs
Specialty Teams
• Tulare/Kings County Interagency Hazmat
Team
• Office of Emergency Services (OES)
• Investigations Team
80 RESPONSE DISTRICTS
81 RESPONSE TIMES
Response Times
• Measured from dispatch
to first unit arrived
• Code 3 emergent
responses
82 Fire Related Calls
535
Top three fire type calls:

1. Outside rubbish, trash or waste fires

2. Brush, Bark, Ground Cover

3. Residential Building Fire

EMS Calls
9,068
52% of VFD’s calls were for medical
emergencies
Additional Calls for Service
7,757
· Hazardous Condition
· Service Calls
· Good Intent/Other
2024 CALL STATS
Total Calls for Service
17,360
83 • SPECIAL EVENTS
• VUSD FIRST RESPONDER ACADEMY
• CAR SEAT TECHNICIAN PROGRAM
• COMPANY INSPECTIONS
• FOURTH OF JULY DETAIL
• VPD NATIONAL NIGHT OUT
• FIRE PREVENTION WEEK/MONTH
• PUBLIC EDUCATION/JOB FAIRS
• RIDE ALONG PROGRAM
• STATION TOURS
• FIRE TRUCKS AND FOOD TRUCKS
84 85
• Fire Station 51
• Fire Station 57 Site
• New Fire Truck
• Ordered October 2022
• Anticipated Delivery January 2026
• New Fire Engines (2)
• Ordered September 2023
• Anticipated Delivery July 2027
• Car Seat Technician Program
• Peer Support Team
• Recruitments

UPDATES
86 THANK YOU.
87 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0170 Agenda Date: 5/5/2025 Agenda #: 5.

Agenda Item Wording:

Civic Center Phase 2 Update Presentation. Receive a presentation and update on the Visalia Civic Center Phase 2 Project.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Mike Porter, Civil Engineer, [email protected], 713-4412 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], 713-4495 Department Recommendation:

Staff recommends that the City Council receive a presentation and update on the Civic Center Phase 2 Project.

Background Discussion:

Prior to bidding the Civic Center Phase 2 project, city staff solicited contractors through a prequalification process to verify that the contractors bidding on the project were both qualified and capable of performing the work. This process involved review of the contractor’sfinancial information, past projects completed, safety history, project references, and other construction records. Staff received prequalification submittal packages from seven contractors, all of whom were considered to be capable of completing the Civic Center Phase 2 project through this prequalification process.

On February 11, 2025, the City of Visalia Purchasing Division solicited bids from the seven contractors on the prequalification list for the construction of the Civic Center Phase 2 project. The bid package consisted of two parts: 1) “Total Bid Amount” for construction of Phase 2, and 2) “Deductive Alternates” for items that could potentially be removed from the scope of work for cost savings measures, at the discretion of the City Council. The Engineer’sEstimate for construction for the project was $81.2M. Since the low bid came in below the estimate, staff is not recommending removing any of the Deductive Alternate items from the project scope of work.

The bid opening was held on April 10, 2025, and three (3) bids were received for the project. Per the construction documents, the apparent low bid was established by the lowest Total Bid Amount. The results are summarized below.

No. Contractor Location Total Bid Amount

1. Seals Construction Visalia, CA $72,780,000

2. Bush Construction Hanford, CA $79,221,000

3. Pro West Contractors Wildomar, CA $89,805,000 Visalia City Council Printed on 5/2/2025Page 1 of 6
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88 File #: 25-0170 Agenda Date: 5/5/2025 Agenda #: 5.

Staff reviewed the bids and found that each bidder submitted the required information. Seals Construction’sBid proposal was determined to be the lowest responsive bid and as part of the bid review process, the references provided by Seals Construction were checked by staff. The reference projects listed include construction projects for Clovis Community College, Reedley College, and West Hills College, and other reference projects included facilities constructed for Tulare County Resource Management Agency. Staff recommends to award to the lowest responsive bidder, Seals Construction, in the amount of $72,780,000 for the construction of Visalia Civic Center Phase 2.

The Seals construction bid for the Civic Center Phase 2 includes multiple buildings within the Civic Center Campus, including the Public Safety Administration Building measuring 51,700 square feet, Evidence Storage Building measuring 15,200 square feet, and the new City Council Chambers measuring 10,100 square feet. The site is located along the east side of North Burke Street, south of East Goshen Avenue and north of Mill Creek. The current project is considered “Phase 2” of the City’slongstanding plan to relocate city government offices and Council Chambers to City owned parcels predominantly along the east side of North Burke Street, between East Goshen Avenue and the Mill Creek waterway. Phase 2 also includes construction of a new parking lot to be located at the northwest corner of Burke Street and School Avenue. City facilities located within the project site, considered “Phase1”,included the Visalia Emergency Communication Center (VECC) and ancillary parking area for emergency / public safety vehicles.

Fiscal Impact:

The Civic Center Phase 2 capital project currently has budgeted $11,541,300 from the Civic Center Reserve Fund. These funds were obligated for the land purchase from the Successor Agency (RDA), architect and engineering services (Darden Contract), construction management (Griffin Contract), surveying services (Bedrock Contract), permits, and staff project management.

All costs, including the construction contract for the Civic Center Phase 2 project, are estimated to be $99.3 million as shown in the table below. Several of the costs are estimates. The utilities (SCE, Gas Co and Cal Water) are estimated from the project plans and specifications submitted to the utilities, but staff has not yet received the final installation costs for these items. The estimates for Furniture, Fixtures and Equipment, and Audio/Visual Equipment and Technology are estimated based on the anticipated needs of the project and from meetings with project stakeholders which include Police, Fire, Technology, and Finance Departments. Separate subgroups from the various departments will be consulted during the selection and procurement phases for these items and staff will return with an update of the actual costs during the construction phase of the project.

Visalia City Council Printed on 5/2/2025Page 2 of 6
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89 File #: 25-0170 Agenda Date: 5/5/2025 Agenda #: 5.

Staff recommends appropriating the additional funding of $87.8 million from the Funds listed below:

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90 File #: 25-0170 Agenda Date: 5/5/2025 Agenda #: 5.

As noted, the Police and Fire Impacts funds will require a General Fund loan. Per California Government Code Section 66006, all Impact fee funds are required to be used within 5 years of receiving it. A future project has not been identified at this time and an advance will meet these requirements. In addition, these funds were outlined in the Measure T Plan for funding the Public Safety Building. Staff is not recommending using Measure T Funds at this time.

The remaining $7.3 million in the Civic Center Reserve will be used, if needed, for any additional costs not included, or if the estimates come in higher in the categories listed above. Once the project is further along and estimates are finalized, these funds can then be appropriated to fund design services for the Civic Center Phase 3 (Administration).

Prior Council Action:

October 21, 2024 - Council adopted Resolution No. 2024-62 for the formation of Underground Utility District along Goshen Avenue.

June 17, 2024 - Council received an update on the project and authorized staff to begin the Request for Qualification process and authorized increasing the retention amount to 10%.

October 16, 2023 - Council received a presentation, approved a contract amendment for Darden Architects, and authorized an appropriation from the Civic Center Reserve Fund.

October 2, 2023 - Council received a presentation and selected several outdoor amenities alternatives. Staff advised will return at a later date for approval of a consultant contract amendment.

June 19, 2023 - Council received a presentation on the Civic Center landscape options and directed staff to return with clarifications and alternatives.

May 1, 2023 - Council received an update and presentation on Phase 2 of the Civic Center and Visalia City Council Printed on 5/2/2025Page 4 of 6
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91 File #: 25-0170 Agenda Date: 5/5/2025 Agenda #: 5.
approved staff moving forward with completion of the schematic design phase of the project.

February 6, 2023 - Council received an update and presentation on Phase 2 of the Civic Center December 19, 2022 - Council received an update and presentation on the site plan and possible architectural styles for the Civic Center buildings and approved the “Mission Inspired” style.

November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.

October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.

April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects
June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

Alternatives: None
Recommended Motion (and Alternative Motions if expected):

No motion required; official action will be taken during the regular session Environmental Assessment Status: Program Environmental Impact Report SCH No. 2010041078.

CEQA Review: Initial Study No. 2024-44
Visalia City Council Printed on 5/2/2025Page 5 of 6
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92 File #: 25-0170 Agenda Date: 5/5/2025 Agenda #: 5.

Attachments:

Vicinity Map
Aerial Rendering
Ownership Disclosure
Sample Construction Agreement
Visalia City Council Printed on 5/2/2025Page 6 of 6
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Civic Center Phase 2 – Aerial Rendering

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99 100
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0089 Agenda Date: 5/5/2025 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 4/29/2025Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0079 Agenda Date: 5/5/2025 Agenda #: 2.

Agenda Item Wording:

Valley Strong Ballpark Outfield Fence & Batter’s Eye Replacement Project Award- Authorize the City Manager to sign the construction contract with Forcum/Mackey Construction, Inc., in the amount of $915,000 for the Valley Strong Ballpark Outfield Fence & Batter’s Eye Replacement Project.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, [email protected] 713-4541; Christopher Crawford, City Engineer,[email protected] 713-4331; Jason Huckleberry, Engineering & Building Director, [email protected] 713-4495 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to sign a construction contract with Forcum/Mackey Construction, Inc., in the amount of $915,000 for the Valley Strong Ballpark Outfield Fence & Batter’sEye Replacement Project. A draft of the contract is attached and may be subject to minor modifications upon approval of the City Attorney and City Manager.

Background Discussion:

On February 25, 2025, the City of Visalia Purchasing Division issued RFB 24-25-42 to obtain bids for the construction of the Valley Strong Ballpark Outfield Fence & Batter’sEye Replacement project. On March 25, 2025, the City received no bid packages in response to this solicitation. As allowed by the City’spurchasing policy, the City requested bids from two potential bidders for the project as RFB 24- 25-42A. On April 22, 2025, the City received two bids in response to this second solicitation.

Forcum/Mackey Construction, Inc., submitted a total bid amount of $915,000, and Seals Construction Inc. submitted a total bid amount of $1,290,000. Forcum/Mackey Construction, Inc., was determined to be the lowest bidder by comparing the “Total Bid Amount” of each bidder. This low bid is 27% under the engineer’s estimate of $1,250,000.

This project will replace approximately 290 lineal feet of existing, 12-foot-tall plywood outfield fence attached to new steel posts, reconstruct approximately 41 lineal feet of an existing iron-framed gate and fence, plus reconstruct the north face of an existing red storage barn making up a portion of the outfield fence line, all located at Valley Strong Stadium. The project will also install athletic padding on the fence and remove & replace an existing batter’seye structure. The improvements will be constructed to comply with Minor League Baseball/Major League (MiLB/MLB) requirements.

The project was issued with one bid item, “TotalBid Amount”,for all work included in RFB 24-25-42A, to meet Minor/Major League Baseball requirements. The solicitation also included three (3) deductive alternatives to evaluate potential cost savings items. The following are the three (3) deductive Visalia City Council Printed on 5/2/2025Page 1 of 5
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File #: 25-0079 Agenda Date: 5/5/2025 Agenda #: 2.
alternatives to evaluate potential cost savings items. The following are the three (3) deductive alternatives:

1. Deductive - Metal Paneling at Back of Batter’s Eye (east side)

2. Deductive - Metal Paneling at Back of Fencing System (exterior side)

3. Deductive - Storm Drain System
The following table summarizes the bids received:

TABLE 1
Bid Results CP0641: Valley Strong Outfield Fence & Batter’s Eye Description Engineer’s
Estimate
Forcum/Mackey
Construction
Seals
Construction
TOTAL BID AMOUNT: All work included in RFB
24-25-42A, to meet Minor/Major League
Baseball (MiLB/MLB) requirements
$1,250,000 $915,000 $1,290,000
DEDUCTIVE ALT 1: Metal Paneling at back of
batter’s eye (east side)
-$27,000 -$31,500 -$30,000
DEDUCTIVE ALT 2: Metal Paneling at back of
fencing system (exterior side)
-$24,000 -$11,500 -$50,000
DEDUCTIVE ALT 3: Storm drain system -$21,000 -$14,000 -$18,000 RECOMMENDED AWARD: TOTAL BID
AMOUNT
$1,250,000 $915,000 $1,290,000
The City of Visalia may select to reduce the scope of work and contract award by any of the listed deductive alternative bid amounts. After staff review of the bids with First Pitch Entertainment (FPE), the project team recommends awarding the TOTAL BID AMOUNT of $915,000. City staff and FPE discussed incorporating deductive alternative no. 1, in the amount of -$31,500, which would result in a reduced construction cost of $883,500; however this action is not recommended at this time.

Applying deductive alternative bid no. 1 would eliminate the metal paneling from the back of the batter’s eye, which could be a reasonable cost savings approach. Since the batter’s eye will be subject to impacts from flying baseballs, eliminating the back metal paneling will simplify any needed replacement and/or “poundingout”of any dented front panels. However, one drawback to eliminating the backside metal paneling may be that the exposed back could become an attractive nuisance for nesting birds.

City staff and FPE discussed possibly implementing a maintenance agreement to address any issues related to nesting birds. However, details related to how this maintenance would be implemented have not been developed and agreed to. Staff and FPE will continue these discussions over the next few weeks, and if mutually agreeable verbiage is achieved in a timely fashion, deductive alternate no. 1 may be implemented through a future change order. It should be stressed that this maintenance agreement must be mutually agreed to within the next few weeks (prior to the contractor ordering materials), or there could be other unintended cost impacts.

The project team also reviewed the possibility of applying Deductive Alternatives 2 and 3 but does Visalia City Council Printed on 5/2/2025Page 2 of 5
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File #: 25-0079 Agenda Date: 5/5/2025 Agenda #: 2.

The project team also reviewed the possibility of applying Deductive Alternatives 2 and 3 but does not recommend applying them. Deductive alternative no. 2 would eliminate the metal paneling at the back of the fencing system. The new outfield fence will be constructed of wood sheathing, attached to galvanized pipe posts that are set in 7-foot deep footings. The side of the fence that is facing the play field will be covered with 3-inch-thick padding, in compliance with MiLB/MLB requirements. The fence will be supported by 2x6 wood “windgirts”,which will provide the lateral support to resist wind loads and impacts. Although the backside metal paneling is not structurally necessary, staff recommend installing it to dissuade climbing or tampering with the fence. Deductive alternative no. 3 would eliminate a small storm drain system that was incorporated into the project design to provide drainage to the area just south of the existing outfield gate. This gate is the main access for field maintenance, however the dirt area can sometimes become muddy during rain events. Installing the storm drain system will direct the water away from the gate entrance.

The Forcum/Mackey bid package was reviewed and found to be in compliance with the City’s requirements. Staff also contacted the contractor’s listed references, and all three expressed satisfaction with the work. Forcum/Mackey worked on the Terrabella Fire Station No. 21 project for the County of Tulare, and the County representative reported that they were good to work with. They also completed the gate modification and site lighting project at Willson Elementary School for the Tulare City School District. The school district representative reports that the company was always very receptive and timely. Forcum/Mackey also worked on the City of Visalia’sFire Station 56 Project, which was recently completed in 2024. City staff reports that the contractor performed well on that project as well.

Fiscal Impact:

There is currently $1,355,600 appropriated for the outfield fence and batter’seye from the Baseball Fund. With the received bid the updated total budget for this project is $1,223,800, which is under the budgeted amount. The updated budget amount includes construction costs, contingencies, and support costs such as professional design services and materials testing services. No additional appropriation is requested at this time.

TABLE 2
BUDGET SUMMARY CP0641
Outfield Fence with Padding + Batter’s Eye
Current Project Budget - CP0641 $1,355,600
Design Cost
Design Consultant $146,200
Misc. pre-construction costs $1,600
Design Subtotal: $147,800
Construction
Construction (this award) $915,000
Construction Contingency (10%) $91,500
Construction Subtotal: $1,006,500
Construction Support
Materials Testing, Special Inspections & Staking $69,500 Construction Support Subtotal $69,500
Grand Total Outfield Fence & Batter’s Eye $1,223,800
Current Amount Budgeted $1,355,600
CP0641 Balance $131,800
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File #: 25-0079 Agenda Date: 5/5/2025 Agenda #: 2.

Current Project Budget - CP0641 $1,355,600
Design Cost
Design Consultant $146,200
Misc. pre-construction costs $1,600
Design Subtotal: $147,800
Construction
Construction (this award) $915,000
Construction Contingency (10%) $91,500
Construction Subtotal: $1,006,500
Construction Support
Materials Testing, Special Inspections & Staking $69,500 Construction Support Subtotal $69,500
Grand Total Outfield Fence & Batter’s Eye $1,223,800
Current Amount Budgeted $1,355,600
CP0641 Balance $131,800
The miscellaneous preconstruction costs shown in Table 2 are for costs related to underground utility locating, CEQA, and legal advertisements.

Although this project shows a surplus, this is one of three projects covered under the agreement that was executed in 2024 between the City of Visalia and First Pitch Entertainment, LLC. That agreement covered projects related to upgrading the sports lighting to LED (recently completed); the Outfield Wall/Padding/Batter’s Eye (this project); and the Clubhouse/Batting Cage (design-build project currently underway). The following is an overall budget update of these three projects.

TABLE 3

BUDGET SUMMARY

VALLEY STRONG BALLPARK
COV - FPE Contract Budget $7,656,698.00
Lighting Final Cost CP0642 Cost
"MiLB Lighting Upgrades LED upgrade 8 poles +
Accent Lighting 4 poles FINAL COST"
$845,118.82
Lighting Total: $845,200
Outfield Fence & Batter’s Eye Estimate CP0641
Bid Award Amount $915,000
Construction Contingency $91,500
Support Costs $217,300
Outfield Fence & Batter’s Eye Total: $1,223,800
Clubhouse & Batting Cage Estimate CP0758
Construction Cost $4,830,000
Construction Contingency $235,700
Support Costs 555,400
Clubhouse & Batting Cage Total: $5,621,100
Grand Total $7,690,100
COV - FPE Contract Budget $7,656,698
Balance -$33,402
The overall budget has been updated to reflect the most recent estimates provided by the Clubhouse & Batting Cage Design-Builder. The estimated construction cost for the clubhouse has increased by $115,590 over the amount reported at the March 3, 2025, City Council meeting. This increase is attributable to ongoing industry-wide rising construction costs related to materials and labor. The total construction cost shown in Table 3 above includes the previously reported unforeseen electrical Visalia City Council Printed on 5/2/2025Page 4 of 5
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File #: 25-0079 Agenda Date: 5/5/2025 Agenda #: 2.
construction cost shown in Table 3 above includes the previously reported unforeseen electrical upgrades and the industry-wide increases. It should be noted that despite these increases, the total clubhouse & batting cage project cost shown above is less than the amount reported at the March 3, 2025, City Council meeting. This is due to the elimination of the consultant construction manager services from the project. At the February 3, 2025, City Council meeting, Council authorized staff to hire Vanir Construction Management to provide the construction management services for a cost not to exceed $221,150. In an effort to control and reduce project costs, and through discussions with First Pitch Entertainment, city staff from the Engineering and Building Department have been reallocated to perform in-house construction management services on this project. While reallocating staff to the project may impact other on-going city projects, it was determined that the City had knowledgeable and experienced staff for the work and anticipate a successful project with a significant reduction in overall project cost.

Going forward, the Clubhouse & Batting Cage Design-Builder anticipates that they will start securing costs with vendors and subcontractors in May 2025. Therefore, staff will return to Council this June with updated costs for the clubhouse.

Prior Council Action:

October 7, 2024: City Council voted to approve Contract Amendment No. 2 to Zeltmacher Structural Design Engineering Inc. for design services related to the outfield fence replacement project, and the Batter’s Eye, in the amount of $35,800 and to appropriate $855,600 from the baseball fund.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to sign a construction contract with Forcum/Mackey Construction Inc., in the amount of $915,000 for the Valley Strong Ballpark Outfield Fence & Batter’s Eye Replacement Project.

Environmental Assessment Status: None required.

CEQA Review: City of Visalia Environmental Document #2024-17, Notice of Exemption for the Recreation Ballpark Stadium Fence Replacement was filed at the Tulare County Assessor/Clerk- Recorder’s Office on May 9, 2024.

Attachments:

1. Location Map

2. Ownership Disclosure

3. Draft Contract
Visalia City Council Printed on 5/2/2025Page 5 of 5
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MAIN
MURRAY
CENTER
HALL
GOSHEN
PARK

GIDDINGS
CONYER
OAK
GROVE
JACOB

RINALDI
SCHOOL

SWITZER
TURNER
SIERRA

DOLLNER

STEVENSON

ACEQUIA
BURREL
M
ARTIN
RACE
DUDLEY

PRIVATE
LINDEN
DUDLEY
OAK
TURNER
GROVE

STEVENSON
HALL
SCHOOL
OAK

GIDDINGS
CONYER
JACOB
HALL
CONYER

STEVENSON

MILL CREEK

PROJECT LOCATION
107
108

RFB 24-25-42A
Valley Strong Ballpark Outfield Fence & Batter’s Eye Replacement Project CONTRACT WITH FORCUM/MACKEY CONSTRUCTION, INC. 29
SECTION 4 CONTRACT

DRAFT CONTRACT

CITY OF VISALIA

STATE OF CALIFORNIA

This Contract for the construction of the VALLEY STRONG BALLPARK OUTFIELD FENCE & BATTER’S EYE REPLACEMENT PROJECT, is made between the City of Visalia, (hereinafter “the City”), and Forcum/Mackey Construction, Inc., (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner the VALLEY STRONG BALLPARK OUTFIELD FENCE & BATTER’S EYE REPLACEMENT PROJECT, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof.

Said work to be done is shown upon the following plans:

RFB No.: 24-25-42A
Project Name: VALLEY STRONG BALLPARK OUTFIELD FENCE & BATTER’S EYE

REPLACEMENT PROJECT
CIP: 1570-72000/CP0641-999

which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:

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TOTAL BID AMOUNT ITEM
NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE
($) TOTAL ($)
1 All Work included in RFB 24-25-
42, to meet Minor/Major League
Baseball (MiLB/MLB)
requirements, as per the Contract
Documents, Plans and
Specifications
1 LS NA $915,000.00

TOTAL BID AMOUNT ($) = $915,000.00

Schedule of Deductive Alternates ITEM
NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE
($) TOTAL ($)
1 Metal Paneling at Back of Batter’s
Eye (east side) – DEDUCTIVE

NOT AWARDED

1 LS NA -$31,500.00
2 Metal Paneling at Back of Fencing
System (exterior side) –

DEDUCTIVE

NOT AWARDED

1 LS NA -$11,500.00
3 Storm Drain System –

DEDUCTIVE

NOT AWARDED

1 LS NA -$14,750.00

TOTAL CONTRACT AMOUNT ($) = $915,000.00

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ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed 111

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and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

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

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:

a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;

b. Indicate whether coverage provided is on a claims made or occurrence basis; and

c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291.

Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. 112

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ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

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

Third Party Beneficiaries: CONTRACTOR and OWNER acknowledge that this agreement is part of the Recreation Park Project involving improvements agreed upon between the OWNER and current stadium tenant, First Pitch Entertainment, LLC, (hereinafter referred to as “FPE”). FPE shall be considered to be a third-party beneficiary to this Agreement. Except as stated herein, this Agreement is for the sole benefit of the Parties hereto and is not intended to confer rights upon any other third party.

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IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.

CITY OF VISALIA

____________________________ _______
City Manager Date

CONTRACTOR

______________________________________
By: Authorized Agent Date

______________________________________
Print Name, Title
APPROVED AS TO FORM:

____________________________ _______
City Attorney Date

____________________________ _______
Risk Manager Date

____________________________ _______
Project Manager Date

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SECTION 5 CONTRACT BOND FORMS

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5-1 PAYMENT BOND

CITY OF VISALIA

PAYMENT BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
____________________________________________________________________________________________, referred to hereafter as “Contract.”

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.

NOW, THEREFORE, we the undersigned Principal and _____________________________________________, referred to as “Surety” are bound unto the City of Visalia in the sum of $___________________________________ ________________________________________________ dollars ($ ___________________________), for which payment, we bind ourselves, jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the California Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid pursuant to the California Revenue and Taxation Code for the wages of employees of the Principal and his subcontractors, with respect to such work and labor, that the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons, companies, or corporations, named in Civil Code Section 9100 as to give a right of action to such persons, entities, or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications.

Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date

_________________________________ _________________________________ Signature for Principal Signature for Surety

_________________________________ _________________________________ Printed Name and Title Printed Name and Title

Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
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CERTIFICATE OF ACKNOWLEDGEMENT

State of California
County of ________________________________________ SS

On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

(SEAL) Notary Public

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5-2 PERFORMANCE BOND

CITY OF VISALIA

PERFORMANCE BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”

AND WHEREAS, said Principal is required to furnish a bond in connection with the above Contract, guaranteeing the faithful performance thereof:

NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $ ___________________________ _________________________________________________ dollars ($ ______________________________), to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof, made as therein provided, on it or their part to be kept and performed within the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Visalia, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date

_________________________________ _________________________________ Signature for Principal Signature for Surety

_________________________________ _________________________________ Printed Name and Title Printed Name and Title

Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
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CERTIFICATE OF ACKNOWLEDGEMENT

State of California
County of ________________________________________ SS

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

(SEAL) Notary Public

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5-3 MAINTENANCE BOND

CITY OF VISALIA

MAINTENANCE BOND
(To Accompany Contract)
Bond No. ____________________

WHEREAS, The City of Visalia, has awarded to Contractor ____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, guaranteeing the correction of deficiencies during the specified maintenance period of one (1) year from the date the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded:

NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $___________________________ __________________________________________________ dollars ($ _____________________________), to be paid to City of Visalia or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, the named Principal has made specific guarantees to the City concerning the work, labor and materials furnished for the construction of said improvements as stated above. If Principal complies with these guarantees for a period of one (1) year from the date of the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded, then this obligation shall be null and void. If City notifies Surety that Principal has not met its guarantee, then Surety shall indemnify City for losses incurred up to the amount listed above. The City shall give written notice to the Principal during the one (1) year period specified in this obligation of any defect of the guaranteed work that becomes apparent. This obligation shall remain in full force and effect until any defect identified in said written notice are repaired by the Principal and accepted in writing by the City.

The said Surety, for value received, hereby stipulates and agrees that no change, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date

_________________________________ _________________________________ Signature for Principal Signature for Surety

_________________________________ _________________________________ Printed Name and Title Printed Name and Title

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Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
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CERTIFICATE OF ACKNOWLEDGEMENT

State of California
County of ________________________________________ SS

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

(SEAL) Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0131 Agenda Date: 5/5/2025 Agenda #: 3.

Agenda Item Wording:

Fire Department Medical Director Contract - Authorize the City Manager to enter into a medical director services contract with Chadi Kahwaji Incorporated for not to exceed $42,000 annually for one year, with the option to renew for 4 additional one-year terms for a total of 5 years.

Deadline for Action: 5/5/2025
Submitting Department: Fire Department
Contact Name and Phone Number:

Ryan Munger, EMS Coordinator [email protected] 713-4261; Crissy Balderama, Sr. Administrative Analyst [email protected] 713-4513; Dan Griswold, Fire Chief [email protected] 713-4220 Department Recommendation:

Staff recommends City Council authorize the City Manager to enter into a medical director services contract with Chadi Kahwaji Incorporated for not to exceed $42,000 annually for one year, with the option to renew for 4 additional one-year terms for a total of 5 years, per request for proposal (RFP) 23-24-26.

Background Discussion:

Advanced Life Support (ALS) fire departments and private emergency medical service (EMS) agencies are required to have a medical director for medical treatment oversight and to be able to purchase and administer narcotic medications as required in their paramedic protocols. Additionally, the medical director is essential to ensure agencies are providing effective prehospital emergency medical care through confirming current, evidence-based best practices are utilized, incorporating continuous quality improvement, and prioritizing provider health and safety measures. The key deliverables of this contract are specified as follows:

1. Medical Leadership & Oversight
a. Provide strategic medical leadership for the City’s EMS program. b. Ensure that emergency medical practices align with industry’s best practices and evidence-based medicine.
c. Work closely with the EMS Coordinator to implement department goals. d. Participate in key EMS-related policy discussion and planning.

2. Protocol Review & Compliance
a. Conduct an annual review of EMS protocols, ensuring they comply with federal, state, and local regulations.
b. Implement updates to treatment protocols based on the latest research and technological advancements.
c. Monitor changes in EMS regulations and recommend modifications as needed.

3. Training & Education
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File #: 25-0131 Agenda Date: 5/5/2025 Agenda #: 3.
a. Conduct at least four EMS training sessions annually for department personnel. b. Provided one in-person lecture per year on advancements in emergency medical care. c. Work with training officers to develop educational content, including hands-on skills assessments.
d. Guide new paramedics through probationary evaluations and competency assessments.

4. Controlled Substance & Equipment Oversight
a. Ensure compliance with state and federal laws regarding controlled substance handling and storage.
b. Monitor inventory and usage of medical prescription drugs and EMS supplies. c. Establish policies to prevent drug diversion and misuse.

5. Quality Assurance & Continuous Improvement
a. Develop a data-driven EMS quality improvement program. b. Review patient care reports (PCRs) and conduct case audits for high-risk calls. c. Participate in root cause analysis for critical incidents and complaints. d. Implement corrective action plans for performance improvement.

6. Field Observation & Hands-On Support
a. Participate in field ride-along to directly observe patient care delivery. b. Provide real-time clinical feedback to EMT’s and paramedics. c. Respond to select high acuity calls for direct medical oversight.

7. Collaboration & Advisory Role
a. Act as a medical advisor for the Fire Department’sPeer Support & Behavioral Health Program.
b. Attend regional EMS committee meetings and serve as a liaison between the City of Visalia and regulatory agencies.
c. Assist in developing new service models as desired or requested.

A summary of Dr. Kahwaji’s qualifications and related experience includes:

Chadi Kahwaji, MD/PhD, FACEP (Fellow of the American College of Emergency Physicians). · Board Certification: American Board of Emergency Medicine · EMS Experience: 15 years in EMS Leadership
· Current Hospital Affiliation: Kaweah Health Emergency Department · Specializations: EMS
· Professional Associations:
o National Association of EMS Physicians (NAEMSP)
o Emergency Medical Services Directors Association of California (EMDAC) o American College of Emergency Physicians (ACEP)
o American Academy of Emergency Medicine (AAEM)
o Central California Emergency Medical Services Agency (CCEMSA) Bidding Process:

The City of Visalia issued a RFP (NO. 23-24-26) to solicit for the medical director services. The RFP closed on March 6, 2025 and staff received one (1) proposal from Chadi Kahwaji Incorporated in the amount of $3,100 per month. After reviewing the proposal and conducting reference checks, staff recommends the contract be awarded to Chadi Kahwaji Incorporated for not to exceed $42,000 annually for one year, with the option to renew for 4 additional one-year terms for a total of 5 years.

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File #: 25-0131 Agenda Date: 5/5/2025 Agenda #: 3.

Fiscal Impact:

The medical director services contract will be funded by the EMS Budget in Measure N.

Prior Council Action: N/A
Alternatives: No Alternative
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a Medical Director Services contract with Chadi Kahwaji Incorporated for not to exceed $42,000 annually for one year, with the option to renew for 4 additional one-year terms for a total of 5 years for RFP 23-24-26.

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

1. RFP 23-24-26 Medical Director Services.

2. RFP 23-24-26 Addendum 1.

3. Chadi Kahwaji Inc Proposal

4. Medical Director Services Contract
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CITY OF VISALIA, CA

REQUEST FOR PROPOSALS
RFP NO. 23-24-26

MEDICAL DIRECTOR SERVICES
Annual Contract

DESCRIPTION:

The City of Visalia is seeking proposals from qualified individuals or firms to provide Medical Director Services for the City of Visalia Fire Department’s Emergency Medical Services (EMS) program as specified in this Request for Proposals.

PROPOSER CONFERENCE:

On Thursday, February 13, 2025 at 10:00am, an informational proposer conference will be held via Teams Meeting.

To pre-register for this conference and obtain the link or call-in instructions, please email your contact information to [email protected].. This is an opportunity to ask questions about the services to be provided and the Request for Proposal requirements.

SUBMITTAL DEADLINE:

One (1) unbound original and four (4) copies, plus (1) copy on a flash drive must be received no later than: 2:00 p.m. on Thursday, March 6, 2025. Proposals received after the time and date stated above shall be returned unopened to the proposer. Emailed proposals will not be accepted.

SUBMITTAL INSTRUCTIONS:

Addressed to : Purchasing Division
707 W. Acequia Avenue, Visalia, CA 93291

From: Proposer’s Name & Mailing Address

Mark envelope : RFP No 23-24-26
Medical Director Services

INQUIRIES:

Questions/clarification of this document or the scope of services should be addressed to the Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be sent in writing via email to [email protected]. Questions may be asked at any time prior to, but no later than Thursday, February 20, 2025 at 4:00pm.

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CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSALS
RFP 23-24-26

SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m. on Thursday, March 6, 2025 for:

Medical Director Services

An informational proposer conference will be held on Thursday, February 13, 2025 at 10:00am via Teams Meeting. To pre-register for this conference and obtain the link or call-in instructions, please email your contact information to [email protected].

Contract documents may be obtained in the office of the Purchasing Division, 707 W. Acequia Ave., Visalia, California 93291, by calling (559) 713-4334, or emailing [email protected].

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

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

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

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

Publication Dates: 01/31/25 & 02/05/25

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TABLE OF CONTENTS

TITLE PAGE
I. Definitions ............................................................................................................................................. 4

II. Introduction .......................................................................................................................................... 4 A. Information .............................................................................................................................. 4 B. Background .............................................................................................................................. 4 C. Purpose and Objective ............................................................................................................. 5 D. RFP/Agreement Schedule ........................................................................................................ 5

III. Scope of Services .................................................................................................................................. 5 A. Qualifications ........................................................................................................................... 5 B. Services of the Consultant ....................................................................................................... 5 C. City Responsibilities ................................................................................................................. 6

IV. Proposal Content and Format Requirements ....................................................................................... 6 A. General Information ................................................................................................................ 6 B. Proposed Project Approach ..................................................................................................... 6 C. Staff Qualifications and Related Experience............................................................................ 7 D. Proposed Fee Structure ........................................................................................................... 7 E. Conflict of Interest ................................................................................................................... 7 F. Required Documents ............................................................................................................... 7

V. Consultant Selection Procedure ........................................................................................................... 8 A. Criteria & Weight ..................................................................................................................... 8 B. Background Check ................................................................................................................... 9 C. Award of Contract.................................................................................................................... 9

VI. General Conditions .............................................................................................................................. 9 A. Important Notice ..................................................................................................................... 9 B. Contracting Agency .................................................................................................................. 9 C. Legal Responsibilities ............................................................................................................... 9 D. Permits and Licenses ............................................................................................................... 9 E. Insurance ............................................................................................................................... 10

VII. Contract Requirements ....................................................................................................................... 11 A. Withdrawal of Proposals ....................................................................................................... 11 B. Rejection of Proposals ........................................................................................................... 11 C. Evaluation/Award of Contract ............................................................................................... 11 D. Proposal Pricing Guidelines ................................................................................................... 12 E. Assignment of Contract ......................................................................................................... 12 F. Right to Require Performance ............................................................................................... 12 G. Ethics in Public Contracting ................................................................................................... 12 H. Equal Employment Opportunity ............................................................................................ 13 I. Venue ..................................................................................................................................... 13 J. Proprietary Information ......................................................................................................... 13 K. Incurring Costs ....................................................................................................................... 13 L. Firearms Prohibited ............................................................................................................... 13 M. Executive Order N-6-22 – Russia Sanctions ........................................................................... 13

Required Forms to be submitted with Proposal ......................................................................................... 14-21 Sample Agreement ..................................................................................................................................... 22-27

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DEFINITIONS

For the purposes of RFP No. 23-24-26, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFP” means Request for Proposal No. 23-24-26.

II.

INTRODUCTION

A. Information
The City of Visalia is requesting proposals from qualified individuals or firms to provide Medical Director Services for the City of Visalia Fire Department’s Advanced Life Support (ALS) Emergency Medical Services (EMS) program.

Medical Director Services will be performed in accordance with the terms, conditions, and specifications contained herein.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONSULTANT, be extended annually thereafter for four (4) consecutive one-year periods.

This Request for Proposals is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division, at (559) 713- 4334 or via email at [email protected].

An informational proposer conference will be held on Thursday, February 13, 2025 at 10:00am via Teams Meeting.

To pre-register for this conference and obtain the link or call-in instructions, please email your contact information to [email protected]. This is an opportunity to ask questions about the services to be provided and the Request for Proposal requirements.

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are encouraged to submit any questions or items for clarification in writing via email to the Purchasing Division. Proposers are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.

Local Vendor Preference Policy: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local vendor preference policy. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 5 points (Local Vendor Preference Points) will be given to any Proposer who has a business address in Tulare County for the past six months.

B. Background
Visalia is located east of State Highway 99 and along State Highway 198. The City’s population is approximately 144,000. The incorporated area covers approximately 25 square miles. The City’s Fire Department provides Advanced Life Support (ALS), Basic Life Support Services (BLS) and is responsible for the Emergency Medical Services Program operating within the Central California Emergency Medical Services Agency.

Visalia Fire Department currently responds to approximately 17,000 calls for service annually. The Visalia Fire Department provides an ALS service by staffing five engines, one truck, and one quint apparatus with at least one paramedic 24-hours a day. Additionally, the Department staffs two paramedic squad units with two paramedics. Two Squads are staffed during the day Monday through Friday and one Squad is staffed on Saturdays and Sundays.

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C. Purpose, Objective and Services to be Provided
The purpose of this RFP is to secure the services of an experienced Medical Director for the leadership and guidance of Visalia Fire Department’s Advanced Life Support (ALS) Emergency Medical Services (EMS) Program.

The City’s objectives are that there be effective communication and coordination between Visalia Fire Department, Consultant, and third parties involved to successfully provide pre-hospital medical care and continuous quality improvement of the EMS program.

The selected Medical Director will be responsible for overseeing the emergency medical operations of the Visalia Fire Department, determining the medications to be administered by EMT-Ps and EMTs, and ensuring the EMS program complies with federal, state, and local regulations.

The Medical Director shall perform the services under this agreement as an independent consultant and nothing contained herein shall be construed to be inconsistent with this status.

D. RFP/Agreement Schedule

Event Date of Event
RFP Available to the public .................................................................................... January 31, 2025 Informational Proposal Conference @ 10:00 a.m ................................................ February 13, 2025 Deadline for written questions............................................................................... February 20, 2025 RFP due at 2:00 pm at 707 W Acequia ...................................................................... March 6, 2025 Short list established and vendors notified ....................................................................... April, 2025 Interviews/Presentations with short-listed vendors (if required) ....................................... April, 2025 Award of Contract @ City Council Meeting ..................................................................... .May, 2025 Contract Begins ................................................................................................................. July, 2025

Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III.

SCOPE OF SERVICES

A. Qualifications
The Consultant must meet the following qualifications:

 Currently certified by the American Board of Emergency Medicine

 EMS Board Certified or have 5 or more years of experience in field of EMS

 Lives within 20 miles of the City of Visalia and practices Emergency Medicine in the City of Visalia

B. Services of the Consultant
The Consultant, as a Medical Director for the Visalia Fire Department, shall provide the following services:

 Medical leadership and oversight of the EMS program

 Ensures patient safety and patient outcomes improvement initiatives are established

 Annually review EMS Protocols to ensure accuracy within local, state, and federal standards of care guidelines.

 Oversight and coordination of controlled drug program

 Oversight and coordination of medical prescription drugs, supplies, and equipment

 Participation in four or more VFD hosted EMS education and training sessions annually and present at one of these sessions annually
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 Oversight in all phases of EMS continuous quality improvement and assurance to include direct involvement in remedial and corrective action plans

 Oversight in EMS education, lectures, and skill competencies and offer input and feedback accordingly to training content and delivery

 Participation in paramedic probationary evaluations as needed

 Consult for Fire Department behavioral health and wellness and be available as a resource for department peer support team as needed

 May participate in field ride outs and respond to medical aid calls to provide direct observation and clinical oversight

 The medical director’s designee will be the fire department EMS Coordinator

The awarded consultant is to provide, prior to the issuance of the contract, a certificate of insurance that includes the coverages listed under section VI, General Conditions, subsection E, Insurance (page 10).

C. City Responsibilities

1. Compensate the consultant as provided in the agreement.

2. Provide a "City Representative", who will represent the City and who will work with the consultant in carrying out the provisions of the RFP. The Consultant shall communicate with the City representative who will provide the following services:
 Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
 Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work.  Process invoices submitted by Consultant
 Provide Consultant with documentation, if available and necessary for completion of Consultant’s work.  Act as coordinator between Consultant and other City representatives.

IV.

PROPOSAL CONTENT AND FORMAT REQUIREMENTS

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

A. General Information
 Firm name, address, telephone number, and email address.

 Account Representative or other person to contact for clarification of any item contained in the proposal.

Include telephone number and email address if different from above.

 Specify type of organization (individual, partnership or corporation).

 Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified.

 Three (3) professional references with contact information.

B. Proposed Project Approach
Summarize your approach and understanding of the services to be performed and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of 131

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Visalia staff in the fulfillment of the contract. The contents of this section shall be determined by the proposer, but should demonstrate an understanding of the special characteristics of the services to be provided.

Please provide responses to the following supplemental questions:
 What do you consider to be the most critical elements of a well-delivered EMS system?  What do you see as the future (over the next 10 years) of EMS?

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

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

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

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Include various licenses and certifications that pertain to the qualifications listed in this RFP. Note: Consultant may not substitute any member of the project team without prior written approval of the City.

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

2. Related Experience
Include descriptive information concerning the experience of the firm. Provide references for the three (3) most comparable entities for which your firm has provided, or currently is providing, similar services. For each entity reference, include the client contact, the client’s phone number and email, the dates the service was provided, and description of the scope of services provided. The City is especially interested in your firm's experience in providing Medical Director Services.

D. Proposed Fee Structure
Provide proposed fees and cost information for all services to be provided in the following format:

 Include a total monthly cost to provide services, based on the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.

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

E. Conflict of Interest
 Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.

 List current clients who may have a financial interest in the outcome of the project.

F. Required Documents
Complete and submit the following documents:

 Non-Collusion Affidavit (Page 14)
 Workers’ Compensation Insurance Certificate (Page 15)  Equal Employment Opportunity Compliance Certificate (Page 16)  Bidder’s Statement on Previous Contracts Subject to EEOC (Page 17)  Americans with Disabilities Act Compliance Certificate (Page 18)  Ownership Disclosure and Levine Act (Page 19)
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 Drug-Free Workplace Certification (Page 20)
 Iran Contracting Act (Page 21)
 All addenda issued for this RFP must be signed and submitted with proposal.

CONSULTANT SELECTION PROCEDURE

Selection of the successful proposal shall be generally based on the information provided by the Consultant in response to the Request for Proposals and any subsequent interviews that may be conducted. Consultant interviews will be held solely at the option and discretion of the City of Visalia.

The process for selection shall occur in the following sequence:

 Review Proposals
 Establish a “short list” of three or more firms
 Interview “short-listed” firms (at the option and discretion of the City)  Identify best qualified firm
 Determine which, if any, alternates will be selected, and negotiate a fee  Award contract

A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, and members of the Council, or may include a representative knowledgeable in Emergency Medical Services Program from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

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

A. Criteria & Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms. Additionally, 5 points (Local Vendor Preference Points) will be given to any Proposer who has a business address in Tulare County for the past six months (see Section II, Instructions).

Criteria Explanation Weight/Points
Merit of Proposals Submittal /
Presentation
 Proposals submittal thoroughness 15
Knowledge and Expertise of
Personnel/Firm
 Capability of personnel
 Staff qualifications
 Knowledge in EMS Program
25 Understanding of Project  Knowledge of services to be provided as described in Proposer’s project approach.
20 Cost  Evaluation of proposed fee 15
Record of Past Performance  References
 Ability to work effectively with City staff, other public agencies and related parties.
20 Local Vendor Preference  Proposers with a Tulare County Business address as specified in Section II
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equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

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

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

VI.

GENERAL CONDITIONS

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

B. Contracting Agency
The contract resulting from this Request for Proposals will be administered by the City of Visalia Administrative Services Department, Purchasing Division.

C. Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Consultant certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations applicable to contracts utilizing Federal funds.

D. Permits and Licenses

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326.

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

3. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals. 134

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E. Insurance

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

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

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

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

 Workers’ Compensation insurance as required by California statutes.

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

 Medical Malpractice coverage, in an amount not less than One Million Dollars ($1,000,000).

 Sexual Misconduct and Molestation Liability with minimum limit of One Million Dollars ($1,000,000) per occurrence.

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

Each insurance policy required by this Agreement shall contain the following clause:

“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”

In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:

“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”

“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”

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The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.

VII.

EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE OF

PROPOSAL CONTENT

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

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

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

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

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

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

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

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

C. EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired.

Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. In connection with its evaluation, the City may, at its option, invite one or more proposers to make an oral presentation to the Selection Committee. During these interviews, the 136

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proposers will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.

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

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

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

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

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

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

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

D. PROPOSAL PRICING GUIDELINES
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals.

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

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

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

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

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

H. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, proposer agrees to the following:

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

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

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

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

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

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

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

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

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NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) Submit With Proposal

In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

__________________________________________ ________________________ Signature Date

Note: The above Non-collusion Affidavit is part of the Bid/Proposal.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
Submit With Proposal

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

Company: _________________________________________

Business Address: _________________________________________

Signature: _________________________________________

Name of Signing Official: ________________________________________

Title of Signing Official: _________________________________________

Date: _________________________________________

Company Seal:

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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Submit With Proposal

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

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation.

Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

Company:_______________________________________

Business Address:______________________________________________________________________________

Signature:______________________________________________ Date:________________

Name & Title of Signing Official: ______________________________________________Company Seal (if any):

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BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
Submit With Proposal

The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representation indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:
(if any)

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AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
Submit With Proposal

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

Company Seal:
(if any)

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Ownership Disclosure and California Levine Act Statement Submit With Proposal

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

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

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

OWNERSHIP DISCLOSURE

_________________________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________________________________________ Address

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

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

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

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

If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

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

_____________________________ ___________________________

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.

_________________________________________________________________________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual

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Submit with Proposal

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

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

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

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IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
Submit With Proposal

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:

(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________

Title:______________________________________ Agency Name:_____________________________

Date:____________________

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.

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SAMPLE AGREEMENT
Annual Contract for Medical Director Services for the Visalia Fire Department (City of Visalia RFP No. 23-24-26)

This Agreement, entered into and effective this ______ day of _______, 2024, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “VENDOR”, “CONTRACTOR”, “CONSULTANT”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, VENDOR is an ____________________ (insert individual or entity type) with a primary business address of _____________________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the RFP 23-24-26 and determined to award a contract to VENDOR for Medical Director Services; and

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

NOW, THEREFORE, CITY and VENDOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the VENDOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, VENDOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFP 23-24-26, Medical Director Services Attachment 4 Vendor’s proposal in response to RFP No. 23-24-26 Attachment 5 Cost

3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:

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

A. The VENDOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in RFP 23-24-26 for the cost identified in Attachment 5.

4. CITY COMMITMENTS:

CITY shall perform the tasks listed as City’s responsibilities as described in RFP 23-24-26.

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5. COMPENSATION:

CITY shall pay VENDOR compensation on a reimbursement basis for services performed as outlined in Attachment 5.

The VENDOR shall be paid no later than thirty (30) days following submission of a written, verified invoice to the City.

Annual compensation shall not exceed the following amount under this Agreement, unless otherwise agreed in writing.

6. CONTRACT PRICE ADJUSTMENTS: All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary to support this request. The request for price adjustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement.

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

Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.

In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

VENDOR

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

CITY OF VISALIA
Dated: ____________________ By: ________________________________________________ City Manager

Dated: ____________________ By: ________________________________________________ City Attorney
Dated: ____________________ By: _______________________________________________ City of Visalia Risk Manager

Dated: ____________________ By: ________________________________________________ City of Visalia Project Manager

Cost Not to exceed $xxxx annually
Source of Funds: Local Revenues
Payment Schedule: As invoices are received.
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Attachment 1

GENERAL CONTRACT PROVISIONS

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

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

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

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

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

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

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

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

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

K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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Attachment 2

INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;

b. Medical Malpractice coverage, in an amount not less than One Million Dollars ($1,000,000).

c. Sexual Misconduct and Molestation Liability with minimum limit of One Million Dollars ($1,000,000) per occurrence.

d. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

e. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages.

Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR PROPOSALS RFP No. 23-24-26
Annual Contract – Medical Director Services

ADDENDUM NO. 1

Issued: Tuesday, February 25, 2025
Proposals Due: THURSDAY, March 6, 2025 at 2:00pm
Addendum is being issued to provide responses to questions. This addendum becomes part of the RFP 23-24-26 document and must be signed and submitted with proposal.

ITEM 1: QUESTIONS/RESPONSES

Q1: Should proposals be submitted by a business or an individual? For example, submit a proposal through my business and I am the sole provider of the business or submit the proposal as an individual?
R1: The City will accept proposals from businesses and individuals. Proposers are to determine what would be most advantageous to them.

Q2: It may not be possible to obtain the following insurances: workers compensation, auto insurance, and commercial general liability. Will the City be requiring these insurances? R2: *Workers Comp – A waiver can be signed if consultant does not have any employees.

*Auto Insurance – a.) The City does require proof of coverage for any autos, or b.) If the consultant does not have any owned autos, then we need a policy that covers hired and non-owned vehicles, or
c.) We can accept proof of personal auto coverage if they are a sole proprietor. The limit of liability on their personal auto should be $500,000 combined single limit. The proposer would need to ensure that their personal auto coverage is endorsed to include the business exposure. Evidence of coverage and endorsement will need to be provided to the City.

*General Liability - Consultant will need both General Liability and Medical Malpractice (Medical Director Liability). The Medical Director Liability will provide coverage for losses related to direct patient care and the General Liability will provide coverage for non-patient care. To provide protection to our contractor and the City, we will not waive either of these requirements.

These insurance requirements and others listed in the RFP document will only be required from the consultant awarded the contract.

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Q3: Should the cost be itemized to show the cost of medical services vs insurance expenses or a one lump cost?
R3: Consultant is to propose a monthly cost (lump cost) to provide services to the City. The fee proposal along with the proposed project approach, will be used as a basis for any contract negotiations.

Q4: What is the exact weekly schedule for the Medical Director? (E.g., Mon-Fri 8:30 AM - 4:30 PM, or flexible?)
R4: Flexible

Q5: Will the Medical Director be required to be on-call? If so, what is the on-call schedule and expectations?
R5: On call for consultation

Q6: How many hours per week is the Medical Director expected to dedicate to this role? R6: Depending on the Department’s needs, 2 to 12 hours per week.

Q7: What is the start date for this opportunity?
R7: 7/1/25

Q8: Will the Medical Director be expected to provide direct patient care, or is the role strictly oversight and consultation?
R8: Oversight and consultation

Q9: How many physicians are currently part of the EMS oversight team? R9: One

Q10: What Electronic Medical Records (EMR) system does the Fire Department or EMS program use, if any?
R10: Imagetrend

Q11: Will travel expenses(mileage) be reimbursed?
R11: No.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334

Respondent to sign and submit with Proposal

Firm: Date:

By: Respondent’s Signature
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Annual Contract for Medical Director Services for the Visalia Fire Department (City of Visalia RFP No. 23-24-26)

This Agreement, entered into and effective this ______ day of _______, 202 4, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “VENDOR”, “CONTRACTOR”, “CONSULTANT”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, VENDOR is an ____________________ (insert individual or entity type) with a primary business address of _____________________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the RFP 23-24-26 and determined to award a contract to VENDOR for Medical Director Services; and

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

NOW, THEREFORE, CITY and VENDOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the VENDOR, be extended annually thereafter for four (4) consecutive one - year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, VENDOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:

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

A. The VENDOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in RFP 23-24-26 for the cost identified in Attachment 5.

4. CITY COMMITMENTS:

CITY shall perform the tasks listed as City’s responsibilities as described in RFP 23-24-26.

5. COMPENSATION:

CITY shall pay VENDOR compensation on a reimbursement basis for services performed as outlined in Attachment 5.

The VENDOR shall be paid no later than thirty (30) days following submission of a written, verified invoice to the City.

Annual compensation shall not exceed the following amount under this Agreement, unless otherwise agreed in writing.
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6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary to support this request. The request for price adjustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement.

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

Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve -month period.

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

VENDOR

CITY OF VISALIA
Dated: ____________________ By: ________________________________________________ City Manager

Dated: ____________________ By: ________________________________________________ City of Visalia Project Manager

Cost Not to exceed $xxxx annually
Source of Funds: Local Revenues
Payment Schedule: As invoices are received.
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Attachment 1

GENERAL CONTRACT PROVISIONS

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

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

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

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

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

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

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

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

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Attachment 2

INSURANCE REQUIREMENTS

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

3. Types of Insurance and Minimum Limits . The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

b. Medical Malpractice coverage, in an amount not less than One Million Dollars ($1,000,000).

c. Sexual Misconduct and Molestation Liability with minimum limit of One Million Dollars ($1,000,000) per occurrence.

d. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

e. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

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

6. Proof of Coverage.

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR PROPOSALS RFP No. 23-24-26
Annual Contract – Medical Director Services

ADDENDUM NO. 1

Issued: Tuesday, February 25, 2025
Proposals Due: THURSDAY, March 6, 2025 at 2:00pm
Addendum is being issued to provide responses to questions. This addendum becomes part of the RFP 23 -24-26 document and must be signed and submitted with proposal.

ITEM 1: QUESTIONS/RESPONSES

Q1: Should proposals be submitted by a business or an individual? For example, submit a proposal through my business and I am the sole provider of the business or submit the proposal as an individual? R1: The City will accept proposals from businesses and individuals. Proposers are to determine what would be most advantageous to them.

*Auto Insurance – a.) The City does require proof of coverage for any autos, or b.) If the consultant does not have any owned autos, then we need a policy that covers hired and non-owned vehicles, or
c.) We can accept proof of personal auto coverage if they are a sole proprietor. The limit of liability on their person al auto should be $500,000 combined single limit. The proposer would need to ensure that their personal auto coverage is endorsed to include the business exposure. Evidence of coverage and endorsement will need to be provided to the City.

*General Liability - Consultant will need both General Liability and Medical Malpractice (Medical Director Liability). The Medical Director Liability will provide coverage for losses related to direct patient care and the G eneral Liability will provide coverage for non -patient care. To provide protection to our contractor and the City, we will not waive either of these requirements.

These insurance requirements and others listed in the RFP document will only be required from the consultant awarded the contract.

Q3: Should the cost be itemized to show the cost of medical services vs insurance expenses or a one lump cost? R3: Consultant is to propose a monthly cost (lump cost) to provide services to the City . The fee proposal along with the proposed project approach, will be used as a basis for any contract negotiations.

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Q4: What is the exact weekly schedule for the Medical Director? (E.g., Mon-Fri 8:30 AM - 4:30 PM, or flexible?) R4: Flexible

Q5: Will the Medical Director be required to be on-call? If so, what is the on-call schedule and expectations? R5: On call for consultation

Q6: How many hours per week is the Medical Director expected to dedicate to this role? R6: Depending on the Department’s needs, 2 to 12 hours per week.

Q7: What is the start date for this opportunity?
R7: 7/1/25

Q8: Will the Medical Director be expected to provide direct patient care, or is the role strictly oversight and consultation?
R8: Oversight and consultation

Q9: How many physicians are currently part of the EMS oversight team? R9: One

Q10: What Electronic Medical Records (EMR) system does the Fire Department or EMS program use, if any? R10: Imagetrend

Q11: Will travel expenses(mileage) be reimbursed?
R11: No.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334

Respondent to sign and submit with Proposal

Firm: Date:

By:

Respondent’s Signature

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0135 Agenda Date: 5/5/2025 Agenda #: 4.

Agenda Item Wording:

Award Visalia Housing Loan Portfolio Contract - Authorize the City Manager to sign a contract with AmeriNational Community Services for a 5-year agreement to manage the City of Visalia Housing Loan Portfolio from FY 2025/26 through FY 2029/30, for an amount not to exceed $149,190.

Deadline for Action: 5/5/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist, 713-4460, [email protected]; Melody Murch, Assistant Finance Director, 713-4379, [email protected]; Renee Nagel, Finance Director, 713-4375, [email protected]
Department Recommendation:

Staff recommends that Council:

1. Award RFP-24-25-20 to AmeriNational; and

2. Authorize the City Manager or their designee to sign a 5-year contract agreement, for an amount not to exceed $149,190, to manage the City of Visalia Housing Loan Portfolio for the period of July 1, 2025, through June 30, 2030.

Background Discussion:

The City released Request for Proposals (RFP) 24-25-20, requesting a detailed proposal from a company, firm, or corporation with experience in loan portfolio management, underwriting, monitoring, and other loan program services for the City of Visalia’sAffordable Housing Programs for a five-year contract period from FY 2025/26 through FY 2029/30. The RFP remained open from March 7, 2025, through April 9, 2025. A public notice to solicit the RFP was published in the Visalia Times Delta on March 7, 2025, and March 12, 2025. A public notice was also posted on the City’s website, the Central Valley Purchasing System “BidNet”,and on the Kings Tulare Homeless Alliance listserv on March 7, 2025, to over 450 recipients.

The City of Visalia Finance Department and Housing Division administers the City of Visalia Housing Loan Portfolio. The Housing Loan Portfolio consists of low-and moderate-income single family housing loans, including First Time Homebuyer or Owner-Occupied Rehabilitation loans funded by Federal and/or State grants such as Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Neighborhood Stabilization Program (NSP) funds through the U.S. Department of Housing and Urban Development (HUD), CalHome funds from California Department of Housing Community Development (HCD), and local Redevelopment Successor Agency Housing (SAH) funds. Additional information regarding the City’sHousing Loan Portfolio can be found in Attachment A - COV Housing Loan Policy. The City of Visalia Housing Loan Portfolio Visalia City Council Printed on 4/30/2025Page 1 of 4
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consists of 150 open loans, of which are currently managed by AmeriNat.

Estimated Available Funds
The estimated available funds for loan management services are $27,000 for the first year and then increased by 5% each year for a total of $149,190, during the five-year contract period from FY 2025/26 through FY 2029/30 as shown below in Table 1: Loan Servicing Estimated Available Funds.

These funds are included in the adopted housing administration budget and will not require a separate appropriation.

Proposals Received
The City took several steps to solicit RFP 24-25-20 by publishing a public notice in the Visalia Times Delta on March 7, 2025, and March 12, 2025. A public notice was also posted on the City’swebsite, the Central Valley Purchasing System “BidNet”,and on the Kings Tulare Homeless Alliance listserv on March 7, 2025, to over 450 recipients. Potential organizations were also notified directly via email.

The City received two proposals from AmeriNational Community Services, LLC (AmeriNat), and Self- Help Enterprises (SHE). The evaluation committee reviewed and scored the proposals based upon Amerinat and Self-Help Enterprises’qualifications and approach. Based upon the overall scores, the evaluation committee recommends to award RFP 24-25-20 to AmeriNat. In addition to their extensive experience, Amerinat provides an online Housing Loan Servicing System allowing access to the City’sloan portfolio information at all times. This system makes reports, monthly payment data, and pay-off quotes conveniently accessible to City staff. Self-Help Enterprises proposed the use of a customized Microsoft Access database which is not currently capable of providing online access to loan servicing data. The difference in the capabilities of each proposers respective software is the main reason for the selection of Amerinat by the evaluation committee. The full Amerinat proposal can be found as Attachment B: AmeriNat Proposal to this item.

Contract Agreement
The five-year contract period from FY 2025/26 through FY 2029/30 will include all 150 open housing loans currently managed by AmeriNat, as well as any new First Time Homebuyer and Owner- Occupied Rehabilitation housing loans provided by City housing programs in the future. Staff acknowledges that minor changes to the contract could occur during final negotiations with the concurrence of the City Manager and City Attorney.

AmeriNat
AmeriNat has been managing the City of Visalia Housing Loan Portfolio since 2001. AmeriNat currently oversees Visalia’sportfolio of 150 loans with a current value of approximately $4 Million Visalia City Council Printed on 4/30/2025Page 2 of 4
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currently oversees Visalia’sportfolio of 150 loans with a current value of approximately $4 Million Dollars. AmeriNational provides these same services to over 250 clients, such as, City of Bakersfield, Fresno County, Los Angeles HCD for LA, City of San Jose, City of Stockton, City of Sacramento, City of Richmond, and City of Santa Ana. AmeriNat specializes in services for local government agencies who utilize CDBG, HOME, NSP, CalHome, and SAH Federal and State funded programs.

AmeriNat offers experienced loan processing, underwriting services, monthly loan payment services, loan modifications, income re-certifications, and loan documentation preparation. In accordance with the loan document requests, AmeriNat shall prepare and forward the following documents, for the City’s execution: Deeds of Trust; Promissory Notes; Truth in Lending Disclosure Statements; Requests for Notice of Default and Sales; Notices of Right to Cancel; Control Instructions; Declarations of Covenant, Conditions, and Restrictions; and other documents as agreed to with the City.

AmeriNat will provide loan servicing for amortized and deferred loans. AmeriNat loan servicing will include collection and remittance of payments, payment of property taxes, insurance monitoring, property condition profiles, and annual residency verifications. AmeriNat will also provide loss mitigation services to minimize delinquencies. Upon the City’srequest, AmeriNat may assist with requests for subordination, loan assumptions, and short sales. AmeriNat will also provide reports designed to meet the City’s objectives and funding source requirements.

Fiscal Impact:

Contract payments (not to exceed $149,190, over 5 years) will use administration funds from the City’s Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Successor Agency Housing (SAH) fund. These funds are appropriated as part of the housing budget and no separate appropriation is necessary for the execution of this contract.

Prior Council Action: April 18, 2022 - Council awarded RFP-21-22-26 to AmeriNat for a 3-year contract agreement to manage the City’s Housing Loan Portfolio.

Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

I move to:
1) Award RFP-24-25-20 to AmeriNat; and
2) Authorize the City Manager or their designee to negotiate and execute a 5-year contract agreement, not to exceed $149,190, to manage the City of Visalia Housing Loan Portfolio for the period of July 1, 2025, through June 30, 2030.

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

Attachment A - COV Housing Loan Policy
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Attachment B - AmeriNat’s Proposal
Attachment C - Draft Contract Agreement
Attachment D - AmeriNat Ownership Disclosure Statement
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City of Visalia
Housing Loan Policy
Fiscal Years 2025-2026 through 2029-2030

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Introduction:

The City of Visalia Finance Department and Housing Division administers the City of Visalia Housing Loan Portfolio. The Housing Loan Portfolio is comprised of low-and moderate-income housing loans funded by Federal and/or State grants, including Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds through the U.S. Department of Housing and Urban Development (HUD), and Redevelopment Successor Housing Agency (SAH) funds by the City of Visalia. The purpose of the Housing Loan Policy is to provide the City of Visalia with a standard operating procedure for collection and maintenance to ensure compliance with applicable Federal, State, and City regulations.

The City is an equal opportunity organization and does not discriminate on the basis of race, color, religion, sex, national origin, handicap, or familial status.

Contact Information:

The City of Visalia
Finance Department – Housing Division
707 West Acequia Avenue
Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4460
Website: www.visalia.city

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Table of Contents
Loan Maintenance ........................................................................................................................................ 4 Loan Set-ups .............................................................................................................................................. 4 Loan Pay-off Quotes .................................................................................................................................. 4 Death of the Borrower(s) .......................................................................................................................... 4 Assumption of Loans ................................................................................................................................. 4 Income Certification .................................................................................................................................. 5 Subordination Requests ............................................................................................................................ 5 Short-Sale Request .................................................................................................................................... 5 Foreclosure by other Lien Holders ............................................................................................................ 6 Loan Monitoring ........................................................................................................................................... 6 Compliance Review ................................................................................................................................... 6 Affidavits of owner ................................................................................................................................ 7 Property Conditions .............................................................................................................................. 7 Review of loans for changes in title ...................................................................................................... 7 Property Taxes ...................................................................................................................................... 7 Insurance ............................................................................................................................................... 7 Income Re-certification ......................................................................................................................... 7 Delinquencies ............................................................................................................................................... 8 Accounts 0-90 days delinquent ................................................................................................................. 8 New Delinquent Borrower .................................................................................................................... 8 Delinquency/Default Letters ................................................................................................................. 8 Due Diligence Phone Calls ..................................................................................................................... 8 Confirmation Letters ............................................................................................................................. 8 Remedies Available ................................................................................................................................... 9 Immediate Payment .............................................................................................................................. 9 Hardship Forbearance ........................................................................................................................... 9 Hardship Deferral .................................................................................................................................. 9 Delinquencies 90+ days .......................................................................................................................... 10 Recommendation to Foreclose ........................................................................................................... 10 Loans currently 90+ days delinquent ...................................................................................................... 11

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Loan Maintenance
Loan Set-ups
New housing loans are set up for servicing by the City’s Loan Service Provider (Loan Servicer).

The City will include the requirement to process loan setups in any housing loan program contract. The Contractor(s) operating each individual City loan program will forward set up forms and necessary documentation to the Loan Servicer for loan maintenance. Income certification and affordable loan payments will be governed by this policy.

Loan Pay-off Quotes
City Housing Loan borrowers may request a payoff-quote by contacting their current Loan Servicer or the Finance Department, Housing Division at [email protected]. Agents of the borrower (escrow companies, real estate agents, lending institutions, etc.) may also request a payoff quote on behalf of a borrower, by providing a release signed by the borrower. All payoff quotes must be approved by the City of Visalia. When contacted directly, the Housing staff will contact the Loan Servicer to obtain a pay-off quote for review and approval. The City Manager, and their designee(s) have the authority to approve pay-off quotes. A memo signed by the City Manager and designating approval authority is kept on file by the Housing Division. Approved pay-off quotes will be forwarded to the requesting entity within seven (7) calendar days of the request date.

Death of the Borrower(s)
Upon the death of all borrowers on a particular loan, payment to the City must continue to avoid foreclosure proceeding on the property. It is the responsibility of the executor of the estate, or a representative of the probate court to contact the Loan Servicer to discuss temporary payment arrangements. Heir(s) may choose to pay off any loan balance, or request assumption of the city loan.

Assumption of City loans on the property will be governed by the terms and conditions recorded in the documents for each individual loan. For more information, please refer to the Assumption of Loans section below.

Assumption of Loans
The ability to assume existing loans is governed by the funding source, original loan terms, and conditions recorded within each individual loan agreement. Borrowers or authorized representatives of a borrower’s estate may request a review of the loan documents to determine the options available by contacting the Finance Department, Housing Division at [email protected]. Eligible heir(s) that request an assumption of the City loan will be required to complete an income certification, which will determine eligibility for an assumption. 186

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Income Certification
All City loan applicants must have household incomes at or below the eligible area median income (AMI) limit, adjusted for household size, as published by HUD each year in accordance with each funding source, loan terms, and recorded conditions. Household income will be verified by reviewing and documenting tax returns, copies of wage receipts, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six months prior to loan closing date. All information submitted will be kept in the applicant file and held in strict confidence. The projected annual gross income of the applicant household will be used to determine whether they are above or below the published HUD income limits.

Subordination Requests
It is the intent of the City to provide continued affordability of units that have existing housing loans from the City of Visalia. The City has set forth the following policy for the subordination of the City’s position as a second (or third) Deed of Trust holder.

Requests for subordination must meet all the following conditions:
• City loan is in good standing; and
• Borrower is refinancing the first mortgage to a lower interest rate; and • No deferred balloon payment is included; and
• The borrower is not receiving any cash out; and
• The home will remain owner occupied; and
• Only the amount of the lien’s superior to the City’s position are being refinanced; and • The total debt to equity ratio will not exceed 95% of the appraised property value.* The City will evaluate and approve or deny the subordination within 21 days of receipt of a completed subordination request package.
*The following is a list of the documents required by the City for consideration of a subordination request:
• Estimated Closing Statement
• New Deed of Trust
• Current Preliminary Title Report
• Current Property Appraisal

Upon approval of a requested subordination, the borrower will provide the City with the necessary documents and information for execution at the borrower’s expense.

Short-Sale Request
The City will provide a request for short-sale form to a borrower seeking City approval of a short sale. This form must be completed, and all information requested on the form provided. All short sales will be considered on an individual basis.
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If a short sale request is denied, the borrower will be notified of their option to appeal the decision to the Department Head. If a short sale request is approved, a reduced payoff demand will be prepared. When recapture provisions exist, short sale proceeds will be distributed in accordance with the original loan documents.

Foreclosure by other Lien Holders
If a foreclosure occurs on the first mortgage, the property may be sold at auction for the amount owing on the first mortgage, and the holders of any other deeds recorded on the property may lose their investment, depending upon the actual sale price. There are three possible options for the City to receive repayment of their loan amount then this occurs.

1. The borrower may attempt to sell the property before it is foreclosed upon. The City may received full or partial repayment of the City loan.

2. The City may choose to purchase the property at auction, using the Loan Purchase Program. The property would then be sold at fair market value, and the City loan would be recovered through the proceeds of sale.

3. If a property securing a City housing loan will be auctioned, the City may submit a claim for excess proceeds from the sale of the tax-defaulted property, also known as a “Proof of Claim” to the County of Tulare Treasurer-Tax Collector to claim any proceeds from the sale in excess of the first mortgage. It may take up to two (2) years for the City to receive any proceeds from the sale. By law, the County cannot begin processing claims until one year has passed from the date of the recordation of the deed to the purchaser (See page 7, Tax Auction Notice for additional information).

Loan Monitoring

Compliance Review
The City, as an entitlement community, receives Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds through the U.S. Department of Housing and Urban Development (HUD). CDBG funds are mandated to benefit low- and moderate-income persons, and HOME funds can only be used to provide housing for low- and moderate-income persons.

Each of the funding sources used by the City to provide housing loans comes with federal or state requirements attached. To ensure compliance with these requirements, the City requires borrowers to sign owner's participation agreements, and/or affordability agreements to participate in the City's housing loan programs. Each borrower receives a copy of all agreements at the time of signing. Any borrower needing a duplicate copy of agreements they have signed, may request them by contacting the City. The City performs the following compliance reviews. 188

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• Affidavits of owner - Annually each borrower will receive an affidavit of owner in the mail. The borrower will be requested to sign this form, stating that they are following all conditions of their loan agreements. Borrowers who fail to return the affidavit of owner will be referred to the Code Enforcement program to receive an on-site inspection (see below).
• Property Conditions – Annually city staff will drive by each loan property, noting the property's general appearance and condition to ensure Housing Quality Standards are maintained. Any property that appears to be poorly maintained will be referred to the City's Code Enforcement and Building Inspection Department for an Inspection. The City will follow up on any violations of Owner's Participation Agreements (OPA's), requiring correction of any material violations. Material violations which are not repaired within 90 days of the City's written notification will cause the City to declare the loan on that property in default, with payment due in full immediately. The Code Enforcement and Building and Safety department will follow up on any Code violations found in accordance with code enforcement procedures.
• Review of loans for changes in title - Each loan held by the City will be reviewed annually to ensure that title has not been transferred away from the signer of the City's note. Each loan appearing on the delinquency list will be reviewed monthly for changes in title. Transfer of title may be a violation of loans terms and may result in the City declaring the loan to be in default, with payment in full due immediately. Borrowers who have made changes in title in violation of the City's loan terms will be given a reasonable amount of time (not to exceed 90 days) to return Title to the signer of the City's loan. • Insurance – The Loan Servicer shall monitor current homeownership insurance. The Loan Service Provider shall provide force place insurance if needed. The City is notified of the cancellation of insurance on any monitored loan property. If necessary, the Loan Servicer can maintain an impound account on any loan to ensure the timely payment of insurance premiums.
• Property Taxes - The holder of the 1st trust deed on the property monitors property taxes on homebuyer's assistance (HAP) loans. The City may request tax monitoring on an individual HAP loan if the need arises. The City is notified of any delinquent property tax on monitored loan properties. If necessary, the Loan Servicer will be requested to maintain an impound account on any loan to ensure the timely payment of property tax. o Tax Auction Notice – The City will annually monitor the County of Tulare Notice of Property Tax Delinquency and Impeding Tax Default Properties and Tax Auction Notice of Sale Publication to confirm if any City housing loans will be auctioned by the County of Tulare Treasurer-Tax Collector. • Income Re-certification - As needed, the City is required to complete an income re- certification form to determine the continued income eligibility of borrowers who have received deferred loans. The income re-certification also establishes an affordable 189

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payment amount, based upon the borrower’s income. The Loan Servicer will review the following information for any deferred loan, which requires an income re-certification. o Current household income
o Current mortgage payments
o Current monthly utilities (Electric, Gas, Water, and Sewer) o Payment on fixed debts (Cars, medical bills etc.)
o The income re-certification process will determine the ability of a borrower to make a monthly payment on their loan. Income re-certification will be included in the evaluation of delinquent accounts. Income re-certification is also used to determine eligibility for Hardship Deferrals.

Collection and Remittance of Payments: The Loan Service Provider shall collect payments from borrowers through monthly or other scheduled remittance of principal, interest, fees, escrow balances and/or other identified payments. Payments will be applied to taxes and insurance first, then the remainder to the monthly payment. These remittances will be posted to the loan and ancillary records in accordance with the loan documents and the City’s written instructions. All funds will be maintained in a bank/custodial type account for the benefit of the City. Loan servicer shall ensure the proper balancing of cash received and transmitted and loan portfolio totals on a daily and monthly basis.

Delinquencies
Accounts 0-90 days delinquent

New Delinquent Borrower - The Loan Servicer will send a reminder notice to new delinquent borrowers at 5 days past their payment due date. If there is no response, a delinquency letter is sent at 15 days. If no response is received to either letter, due diligence phone calls begin at 31 days delinquent.

Delinquency/Default Letters - Delinquency letters will be sent to the borrower, by the Loan Servicer at 15, 30, 45 and 90-days past the payment due date. The letters will emphasize the seriousness of the situation, the potential for loss of the borrower's property, and demands for immediate payment. The goal is to prevent poor payment habits.

Due Diligence Phone Calls - Phone calls will be used to impress upon the borrower the serious nature of the situation and to gain a commitment for repayment. Three due diligence phone calls will be made to the borrower, by Loan Servicer, before a recommendation to foreclose is issued. (The advantages of telephone contact are, it demands attention, interrupts other activity, establishes a personal communication, and requires immediate response.) Confirmation Letters - Once a payment commitment is gained, the Loan Servicer will send a confirmation letter to the borrower documenting both the phone call and the commitment. A revised payment plan of no greater than 6 month's duration may be implemented, by the Loan 190

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Servicer, without City approval. Default from this plan will cause the Loan Servicer to recommend foreclosure. (Contact with borrowers is used to solicit comments to repay past due amounts. The confirmation letter puts that commitment in writing.) The City will not provide new loan assistance to any Rental Rehabilitation borrower who has been more than 1 payment delinquent, on an existing City loan, within the five-year (60 month) period prior to their loan application. The City will not provide new loan assistance to any other borrower who has been more than 1 payment delinquent, on any existing City loan, within a one- year (12 month) period prior to their loan application. Any borrower whose loan has been foreclosed upon, or administratively deferred will no longer be eligible for assistance through any City Housing program.

Remedies Available
Immediate Payment - The borrower will always have the option of paying the delinquent payments and late fees, on their account, in full, to bring their account current.

Hardship Forbearance- Forbearance is available in 6-month increments, with no more than a total of 12 months forbearance available during the life of each loan. A hardship is defined as a situation or set of events or circumstance beyond the normal control of the borrower, which prohibits the borrower from adhering to the planned repayment schedule. If a borrower states, in writing, that a short-term (less than 12 months) hardship situation exists, the Loan Servicer will develop, in coordination with the borrower, a fully documented file. The following documentation will be provided to the City for their final approval of a recommended forbearance plan:
• Hardship forbearance request
• Nature of hardship
• Expected duration of hardship
• Evidence to validate hardship
• Forbearance plan proposal

If the Agency approves the Hardship Forbearance Request and executes the agreement with the borrower, the Loan Servicer will resume loan servicing under the new payment plan. The Finance Director is authorized to approve and execute a Forbearance Plan Agreement.

Hardship Deferral- If a borrower states in writing, that a long-term (more than 12 months) hardship situation exists, the Loan Servicer will perform an income recertification and evaluation to determine eligibility for loan deferral. A hardship is defined as a situation or set of events or circumstances beyond the normal control of the borrower, which prohibits the borrower from adhering to the planned repayment schedule. The following documentation will be required:
• Deferral Request Form
• Income Recertification
• Current Credit Report

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If the borrower is eligible for deferral, their loan will be deferred for a period of 5 years, after which, amortized payments will resume. If the borrower is not eligible, the loan will be referred to the Loan Servicer to be considered for foreclosure. The Loan Servicer will provide a recommendation for deferral based upon the borrower(s) income recertification and evaluation.

The City’s Finance Director will approve or disapprove the request for deferral.

When a loan is scheduled to resume amortized payments; the borrower will be notified by mail, 90 days before payments are to begin, to contact the Loan Servicer if they are unable to resume payments at that time. The borrower will be required to repeat the deferral request process to determine eligibility for an additional 5-year deferral.

Delinquencies 90+ days
Recommendation to Foreclose: The decision to foreclose is based on an analysis of the individual loan, the borrower’s basic motivation and ability to pay, and their level of cooperation. If the borrower has been uncooperative, non-responsive, or unwilling to cure the existing default by all reasonable means, the Loan Servicer will recommend foreclosure. This step is taken when a loan becomes 90 to 120 days delinquent. The borrower will receive a final letter sent by certified mail. If no response is received within 10 days, the Loan Servicer will issue a formal recommendation to foreclose and will document the steps taken to effect a cure.

Borrowers, who are cooperative and appear genuinely unable to pay, may be referred to the City with a recommendation to consider deferral of the loan. The Loan Committee, made-up of the Assistant Finance Director, the Housing Specialist, and one additional Financial Analyst, will review the Documentation and make a recommendation to the Finance Director. The Finance Director is authorized to review and approve deferral of Agency loans. Recommendations to foreclose must be approved by the City Manager. Information to be considered when reviewing a loan for possible deferral/foreclosure will include:
• Information compiled by the Loan Servicer
• Income re-certification
• Terms of original note, deed, and owner’s participation agreement • Cooperation of the borrower
• Borrower’s ability to make an affordable payment
• The City’s position on the Title of the property
The loan committee will make a recommendation to pursue one of the following actions:
• Defer the entire balance of the loan for a period between 5 and 30 years. Under this option, the borrower(s) would have the opportunity to request another income re- certification at the end of the deferral period if they remain unable to begin repayment. • Defer a portion of the loan for a period between 5 and 30 years, to reduce the monthly payment. For example, a $20,000 loan could be "split" into a $10,000 deferred loan and a $10,000 amortized loan. The smaller affordable payment on the amortized portion would 192

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allow the borrower to continue building equity in their property. Under this option, the borrower(s) would have the opportunity to request another income re-certification at the end of the deferral period if they remain unable to begin repayment of the deferred portion of their loan.
• Proceed with foreclosure. This option would be recommended for borrowers who are determined to be able, but unwilling, to pay.
• Administrative Deferral. This option would be recommended when the borrower is uncooperative, and the City has no reasonable expectation of receiving repayment of the loan through the process of foreclosure proceedings. The subject loan would be deferred for a period to be determined by the loan committee. At the end of the Administrative Deferral period, the City would, once again, review the loan for possible foreclosure proceedings. The length of an Administrative Deferral will be determined based upon the recommendations of the loan committee and must be approved by the Department Head.

Any borrower whose loan has been foreclosed upon, or administratively deferred will no longer be eligible for assistance through any City Housing program.

Loans currently 90+ days delinquent
The Loan Servicer will separate out all loans, which are three or more payments delinquent. A notice of default status and a request for contact will be sent by letter. If no response is received in two weeks, the Loan Servicer will send a second letter requesting that the borrower contact their office. If after one week no response is made to the second letter, the Loan Servicer will attempt a phone call. If a commitment for repayment within six months is gained, the Loan Servicer will document the commitment with a confirmation and resume servicing.

If the borrower has been uncooperative, non-responsive, or unwilling to cure the existing default by all reasonable means, the Loan Servicer will refer the loan to the City for review by the loan committee, and possible foreclosure.

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re Proposal for RFP No. 24-25-20Housing Loan ServicingPresented to: City of Visalia PROPOSAL DUE DATE: April 9, 2025, by 2:00 PM PST Micki AbelVP of Business [email protected](319) 541-3689www.amerinat.com 194
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Table of Contents A. General Information ............................................................................................................................. 1B. Proposed Approach............................................................................................................................... 6C. Staff Qualifications and Related Experience ....................................................................................... 23D. Proposed Fee Structure and Schedules .............................................................................................. 35E. Conflict of Interest .............................................................................................................................. 36F. Required Forms ................................................................................................................................... 37 196
1 A. General InformationAmeriNational Community Services, LLC d/b/a AmeriNat 217 S. Newton AvenueAlbert Lea, MN 56007Phone: (800) 943-1988Fax: (562) 927-2362For clarifications needed on items contained in this proposal, the City may contact:Adrienne Thorson, Chairwoman and CEO Phone: (800) 943-1988 ext. 1263Email: [email protected] AmeriNat is a Limited Liability Company organized and existing under the laws of the State of Minnesota. Although not a small business, disadvantaged business or a minority and/or women owned business, AmeriNat prioritizes cultural diversity and inclusion throughout its organization, with a minority representation of 51% in its workforce.PersonnelAmeriNat is proud to have a highly trained and motivated, caring team of staff members. Approximately 130 employees combine proven experience with a level of personal care and concern for their clients and borrowers that is considered to be unmatched in this industry. Robust hiring criteria is in place, background checks and screening processes are utilized, and supervisor to staff ratio goals are in place for sufficient oversight, mentoring and feedback. The managers listed below will manage the City’s relationship and portfolio needs and will be assisted by other staff members. AmeriNat considers this information to be proprietary and confidential information, which shall not be disclosed outside the City and shall not be duplicated, used, or disclosed - in whole or part - for any purpose other than to evaluate this offer/proposal.Staff member RoleAdrienne Thorson, Chairwoman and CEOOversees company performance and the delivery of services to clients. Ms. Thorson has over 35 years of experience in financial services and manages the firm’s success to established client satisfaction objectives. 197
2 Mark Fredericks, Chief Operating OfficerOversees daily operations on portfolio throughout the life of the contract. Direct supervision of Operations team that will work on the City’s portfolio. Jody Montgomery, Chief Technology OfficerLeads the strategic direction and tactical functions of the Information Services team and addresses customized technology needs of clients.Michael Torres, Chief Product OfficerOversees project and service development for the firm. Mr. Torres has over 35 years of experience with AmeriNat’s loan servicing operations.Claudia Herrera, Director of Audit and ComplianceResponsible for the development and management of the audit and compliance functions for AmeriNatKatie Lee, Director of Investor ServicesKey liaison between clients and AmeriNat staff/operations. Oversees client support team functions and deliverables. Investor Services is the City’s key liaison at AmeriNat.Karen Morse, Sr. Manager of Investor ServicesFirst line for client requests, special needs, portfolio transfers, and supporting client satisfaction and service levels. Debbie Vranesh, Director of OperationsOversees the single-family servicing activities of the firm, including responsibility for the City’s portfolio. 198
3 Andy Olinski, Sr. Manager, Default ServicesOversees collections and loss mitigation teams, works with clients for delivery of portfolio performance objectives, including responsibility for the City’sportfolio.Danielle Wangsness, Sr. Manager, OperationsCharged with ensuring the health of the day-to-day operations, which spans customer service, payment processing, taxes and insurance, cashiering, and special loans.LaShonta Brooks, Customer Service ManagerLeads customer service team handling borrower communications, including general customer service and reconveyance, payoffs, and other mortgagor service requests.Christina Arteaga, Loss Mitigation ManagerManages the duties of the Loss Mitigation Department to ensure adherence to company policies and procedures, state and federal regulations, and client contract requirements. Lucia Jackson, Collections ManagerManages the daily duties of the Collections Department to ensure adherence to company policies and procedures, state and federal regulations, and client contract requirements. Ensures collections / collections timeline and delinquency goals are met and maintained. Frank Perez, Tax & Insurance ManagerDirects activities for escrowed and non-escrowed accounts including the payment of property taxes, homeowner’s insurance, HOA payments, escrow analysis and other escrow related tasks.Cynthia Mendez, Cashiering ManagerEnsures cashiering related processes including posting payments, lockbox, adjustments, payoffs, and other assigned departmental tasks are completed in accordance with regulatory requirements, and applicable policies and procedures. 199
4 Estella Villalobos, Payoff ManagerEnsures payoff related processes including payoff statements, payoff shortages, maturing loans, executing and recording reconveyances/lien releases and other assigned departmental tasks are completed in accordance with regulatory requirements, and applicable policies and procedures.Jason Rembert, Quality Control ManagerResponsible for maintaining quality control over various activities performed by the company.Micki Abel, VP of Business DevelopmentOversees the business development of the firm.Experience summaries of these key staff members are in Section C. of this proposal. The City’s key contact members are Katie Lee and Karen Morse. Changes in staffing will be reviewed with the City in compliance with applicable proposal or contract requirements.Insurance AmeriNat maintains a broad package of insurance coverage including business and umbrella liability, management liability, workers compensation, cyber, automobile, personal property and other standard coverages along with errors and omission policies satisfying applicable servicing requirements and a standard Mortgage Banker's Blanket Bond. AmeriNat’s limits for the policies indicated in the City’s RFP are as follows:General Liability: $1,000,000 per occurrenceAutomobile Liability: $1,000,000 per occurrenceErrors and Ommission: $5,000,000 per occurrenceWorker’s Compensation: $1,000,000 per accident 200
5 ReferencesThe City is encouraged to contact the individuals listed below for an assessment of our capabilities.AmeriNat considers this information to be proprietary and confidential information, which shall not be disclosed outside the City and shall not be duplicated, used, or disclosed - in whole or part - for any purpose other than to evaluate this offer/proposal.Client Contact InformationLos Angeles Housing Department1200 West 7thStreetLos Angeles, CA 90017Mark Gandara, Finance Development Officer IIPhone: (213) 808-8677 [email protected] City of Eureka 531 K Street Eureka, CA 95501Kristen RaymondPhone: (707) [email protected] City of StocktonEconomic Development Department400 E. Main Street, 4thFloorStockton, CA 95202Janice Miller, Assistant DirectorPhone: (209) [email protected] 201
6 B. Proposed ApproachAmeriNat understands the City’s requirements and will provide the services and meet the requirements described in the City’s RFP. As the City’s current servicer, there will be no transfer process necessary. We are familiar with your staff and your systems and needs, and you will not need to wait for us to get up to speed. We would be pleased to continue servicing responsibility for the City’s existing and future loans. The services requested will be provided through the combined resources of our in-house servicing department and delinquency management department, which work hand in hand with the IT and management areas of the firm to provide seamless service delivery. Detailed servicing steps are laid out in the following pages. Loan Servicing for Amortized and Deferred Loans1. Loan Boarding: a. Flow Loans: The City completes an electronic loan setup form, available on AmeriNat’s portal, for flow loans being transferred to AmeriNat for servicing. The fully completed form is uploaded to the AmeriNat portal. 2. Introductory Package: Upon boarding of a new loan, AmeriNat will send a welcome package to the borrower. This welcome package contains a Notice of Servicing Transfer, Fair Debt Notice, FACT Act Notice, and a variety of options to submit payments. 3. Collection and Remittance of Payments: AmeriNat will collect payments from the borrowers through monthly or other scheduled remittances of principal, interest, fees, escrow balances and other identified payments. Payments can be made via check to a secure lockbox, multiple payment options online, reoccurring ACH, and through “check-by-phone”1, and via the AmeriNat app. These remittances will be posted to the loan and ancillary records in accordance with the loan documents and the City’s written instructions. Payments will be posted the same day as receipt. Funds will be maintained in an FDIC insured banking institution in a custodial account for the benefit of the City and the borrowers as applicable. AmeriNat balances cash received and transmitted and loan portfolio totals on a daily and monthly basis. Remittances will be forwarded to the City monthly net of fees and other authorized charges due to AmeriNat. 4. Payment of Property Taxes: At the City’s request, AmeriNat will order a tax service contract and monitor the timely payment of property taxes. 5. Insurance Monitoring: AmeriNat will notify the insurance agent in writing that AmeriNat is monitoring premium payments and is to be made aware of delinquencies, non-renewals or cancellations. AmeriNat will force place insurance in accordance with respective regulation (see Lender Placed Insurance section). 1Additional fees may apply if not charged directly to the borrower. 202
7 6. Escrow/Impound Account: If the City chooses, AmeriNat will establish a borrower escrow/impound account for the payment of taxes and insurance. AmeriNat will collect the monthly escrow payment from the borrower and make the tax and insurance payments on the borrower’s behalf. The borrower escrow accounts will be analyzed annually in accordance with the Real Estate Settlement Procedures Act (RESPA). Please note: For single-family loans, unless respective state law requires otherwise, AmeriNat’s escrow analysis utilizes a 2-month cushion in accordance with RESPA. This cushion is an industry standard and is intended to minimize the likelihood of escrow shortages / deficits when and if escrow disbursement items increase. If this cushion is not consistent with the City’s current escrow analysis process, borrowers’ escrow analysis may result in a shortage and/or escrow payment increase at the time of AmeriNat’s first analysis. This may impact borrowers’ ability to make increased monthly payments to escrow. Should the City request alternative handling of loan accounts with escrow payment increases, this may result in the City incurring extraordinary services charges. If the City chooses to establish an escrow/impound account, AmeriNat will track and reconcile advances made by AmeriNat on borrower accounts with escrow deficits as a result of payments made on the borrower’s behalf in excess of their escrow balance. The escrow deficit account will be reconciled monthly, compared to advances made by AmeriNat and escrow payments collected from the borrowers. The net change will be included or deducted from the City’s monthly remittance; a net shortage/negative will be deducted and a net overage/positive will be remitted. Advances made by AmeriNat that are not reimbursed by the City the following month will be subject to an interest charge of 1% per month compounded until such time said reimbursement occurs. Regardless of whether or not the net shortage/negative is deducted from remittance at the end of the month, the City remains responsible for escrow advances made by AmeriNat. At portfolio transfer AmeriNat will require a cash deposit equal to the total amount of positive escrow balances. Negative escrow balances will be set up, but the total amount of negative escrow balances will not be netted out of the positive cash escrow balances. Should recurring advances become necessary, AmeriNat reserves the right to request the City to deposit an amount into reserve in the Client Escrow Deficit account to cover the anticipated necessary advances. 7. Late Fees: In keeping with the provisions of the City’s promissory note, AmeriNat will assess and retain a late fee when payment is not made within the grace period. Lender Placed InsuranceIn accordance with respective regulation, upon notification of a policy cancellation from the borrower’s insurance carrier, or when proof of a current policy is not received, AmeriNat will request lender-placed insurance from AmeriNat’s insurance provider. AmeriNat executes the force-placement of insurance on a portfolio wide level, meaning it is done for all loans in the portfolio for which insurance has lapsed. If the City wishes to select loans for the force placement of insurance on an “as requested” basis, it will be the City’s responsibility to verify the placement has been completed by AmeriNat. This quality control step 203
8 aids in ensuring that the City’s instructions were received by AmeriNat, usually via email. The City can review the coverage through monthly reports from AmeriNat indicating insurance status.1. Coverage is bound upon receipt of request with an effective date up to 90 days prior to receipt of the request.2. AmeriNat’s insurance provider or their carrier will send out three letters to the borrower over the course of forty-five days. If the borrower provides proof of coverage, lender-placed coverage will be cancelled. 3. If the effective date of this coverage is the same and there is no lapse in coverage, there will be no premium charged. If there is a lapse in coverage, there may be a fee charged to the borrower’s account for an earned premium. 4. If the borrower does not provide proof of coverage, AmeriNat’s insurance provider will send an insurance policy and notification of premium to the borrower and bill AmeriNat for a one-year policy. If the borrower does not have an established impound account; AmeriNat will create one and disburse the premium from it. If the borrower fails to pay the premium before the end of the month, and the disbursed premium results in an escrow deficit balance, the balance will be accounted for in that month’s reconciliation of the Client Escrow Deficit Account. If the aggregate portfolio remittance for the month is insufficient to cover the deficit amount, the City will be billed and responsible for the cost until recouped from the borrower. Pay-off quotations or demands will reflect impound deficit amounts (caused by the cost of forced-place insurance or other advances) so that the borrower will still be held responsible for the cost even if they are unresponsive.The Portfolio Status Report, delivered monthly to the City, will also reflect such negative impound balances (i.e. the total amount of such premiums owed by borrower).5. The one-year policy is cancelable by either AmeriNat or the City. Account InquiriesBorrowers and the City have 24-hour electronic access to their loan information via AmeriNat’s website at www.amerinat.com. Continuous access to loan account information is also provided during normal working hours through toll free customer service telephone lines. When requested by a borrower, AmeriNat will provide, without charge, a detailed statement of transactions relating to the borrower’s payments and/or escrow account. Additional Portfolio Management Services1. Loan Payoff Quotations, Satisfactions, Reconveyances: AmeriNat will provide Loan Payoff Quotations and will perform Satisfactions and Reconveyances of Mortgage at the borrower’s expense at the City’s request. 204
9 2. Loan Amortization Schedules: AmeriNat will provide Loan Amortization Schedules upon request.3. Tax Forms: Pursuant to IRS regulations and, on behalf of the City, AmeriNat will submit required tax forms for borrowers paying interest on City loans.4. Year-End Account Summary: If required by regulation, AmeriNat will supply a year-end account summary statement to a borrower if there has been principal, interest or escrow activity on their account. The report will indicate principal and interest paid, amount of payments AmeriNat made on the borrower’s behalf for taxes and insurance, and remaining escrow balance.5. Tickler Notifications: AmeriNat will provide for an annual tickler notification at the City’s request.6. Loan Confirmation Audits: AmeriNat will complete loan confirmation audit requests when requested by the City, Borrower, or auditors of either. Information requested generally includes unpaid principal balance, interest rate, date to which interest has been paid, terms of payment of principal, current escrow deposit amounts, and escrow amounts paid during a specified period. Loan ReconstructionIf requested by the City, AmeriNat will prepare a loan reconstruction to determine posting accuracy and compliance with promissory notes, truth in lending statements, and other applicable related loan documents. This involves a detailed review of loan terms and reconstructing the posting of payments in accordance with the terms. Loan TransferIn the event the City requires AmeriNat to transition loans back to the City or to another servicer, AmeriNat will gather and package loan files (hard-copy and/or electronic copy) for shipment. AmeriNat’s Investor Services and IT departments will work with the City’s staff to electronically transmit servicing data in an agreed upon format. Collections and Loss MitigationCollection efforts are conducted in accordance with the City’s requirements, pertinent regulations, GSE/insurer requirements and industry standard practice. These activities include the following steps:1. Delinquency/Default Letter Production: Letters of varying tone and composition will be sent at 15, 30, 45, and 90 days past the payment due date. The 45-day letter will include the Consumer Financial Protection Bureau (CFPB) mandated notification informing the borrower of the available loss mitigation options. The 90-day letter will detail for the borrower possible escalated collection activity up to and including foreclosure. The letters emphasize the seriousness of the situation, the potential 205
10 for loss of the borrower’s property, and demand immediate payment. Borrowers are also encouraged to apply for federal or state relief programs that may be available. 2. Due Diligence Phone Calls: Attempts are made in accordance with HUD guidelines for contacting the borrower as soon as the loan becomes delinquent. Telephone calls will be placed on a regular basis as loans remain under active delinquency follow up. Calls to single family mortgage borrowers are made in accordance with CFPB guidance and best practices. Live contact is attempted with the borrower beginning not later than the 17th day of delinquency, under a good faith goal of establishing contact with the borrower by the 36th day of delinquency. One or more subsequent attempts to contact the borrower will generally be made every 30 days thereafter. The objective of the call is to secure or demand prompt payment, obtain information regarding the reason for the delinquency, and to structure a commitment for future payments.3. Credit Reporting: AmeriNat will report borrower payment activity and status codes to the credit bureaus monthly.4. Confirmation Letters: Contact with borrowers is used to solicit commitments to repay past due amounts. Borrowers are provided an opportunity to bring the loan current immediately, and within six months. Once a commitment is gained, AmeriNat will forward a confirmation letter to document both the call and the commitment. The revised payment plan of no greater than six month’s duration is then implemented. Default under this plan may lead AmeriNat to recommend foreclosure. 5. Additional loss mitigation activities such as skip tracing and door knock services are available upon request. The scope and fees associated with these services will be determined and agreed upon by both the City and AmeriNat.Forbearance Plans: Formal forbearance plans are typically used for defaults of 90+ days. A forbearance plan of less than six months duration is executed by the borrower and immediately implemented by AmeriNat, with notice immediately provided to the City. Formal modifications to promissory note terms and forbearance plans of greater than six months duration are subject to the City pre-approved parameters. Forbearance recommendations outside of the pre-approved parameters require individual City approval if they are to move forward. Approval timeframes are subject to regulatory guidance, and therefore if the City does not respond to requests for approval within the agreed-upon timeframes, AmeriNat will deny the application or request. Once approved, AmeriNat will implement the new payment schedule. Should a borrower default from the new payment schedule without cause, AmeriNat will recommend foreclosure.Forbearance Evaluation Process: A hardship is defined as a situation or set of events or circumstances beyond the normal control of the borrower that prohibits the borrower from adhering to a planned repayment schedule. If a borrower states, either verbally or in writing, that a hardship situation exists, AmeriNat will document the circumstances and provide the following:
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11 i. Letter from borrower requesting the City’s consideration of hardshipii. Nature of the hardshipiii. Expected duration of the hardshipiv. Evidence to substantiate hardshipv. Forbearance Plan ProposalForbearance Plans are executed by AmeriNat in accordance with the pre-approved guidelines established with the City. Forbearance plan recommendations outside of the approved parameters require individual approval by the City. Approval timeframes are subject to regulatory guidance, and therefore if the Citydoes not respond to requests for approval within the agreed-upon timeframes, AmeriNat will deny the application or request. Once the agreement is executed with the borrower, AmeriNat will resume loan servicing under the new payment plan. The file will be tickled for follow-up at the expiration of the temporary plan.Loan Modification Analysis:1. Preliminary Screening: When contact with the borrower indicates a short-term forbearance agreement will not be enough to bring the account current, and initial assessment of the Borrower’s circumstances indicate the Borrower may possibly be eligible for an available loss mitigation option, the borrower will be encouraged to submit a loss mitigation application.2. Application: Upon receipt of a loss mitigation application, AmeriNat will review the application to determine supporting materials are present and that the forms are complete. Support materials may include but are not limited to, paycheck stubs, W-2’s, Federal Tax Returns, bank statements, mortgage statements, property tax bills and insurance policies. Once the application is reviewed and found to be complete, a credit report and escrow analysis are ordered, as applicable, and the application is submitted to underwriting3. Analysis and Recommendation: Underwriting of the application is performed using the City’s eligibility criteria. This analysis will reflect information such as ability to repay or affordability (debt-to-income ratio), status of 1stmortgage, and occupancy. Based on the aforementioned, the recommendation will convey whether it is reasonable to proceed with the modification and what type of modification will best suit the needs of the borrower and the City. If the recommended modification falls outside of AmeriNat’s delegated authority under approved parameters, the recommendation along with the supporting documentation will be sent to the City for approval. Approval timeframes are subject to regulatory guidance, and therefore if the City does not respond to requests for approval within the agreed-upon timeframes, AmeriNat will deny the application or request.4. Approval: Once a loan modification has been approved, AmeriNat shall prepare and forward the required documents to the borrower for signature and recording, unless the City retains these functions. If the City retains approval authority, the City agrees to return the decisioned application within 5 business days of receipt. If no response has been received in 5 days, the modification will be denied. 207
12 After the documents have been executed, originals will be retained by the City and copies will be promptly sent to AmeriNat along with funds required for escrow, legal fees, etc. After receipt of executed modification documents and required funds, AmeriNat will make the appropriate modifications to the loan, send the borrower new payment coupons or billing statements, and electronically notate the account. Respective modification documentation will be retained in the electronic loan file.Loan ForeclosureThe mortgage transaction and collections efforts are predicated on the assumption that the borrower is motivated and able to meet the mortgage obligation. A decision to foreclose is based on an analysis of an individual loan. AmeriNat will look at the borrower with particular emphasis on basic motivation, ability to pay; and attitude or level of cooperation. If a borrower remains delinquent and has been uncooperative, non-responsive, or unwilling to cure the existing default by reasonable means, AmeriNatwill recommend foreclosure. This step is generally not taken until a loan becomes over 120 days delinquent. Upon the City’s approval, and in accordance with respective local, state and federal statutes, AmeriNat will send the borrower a notice of intent to foreclose/demand letter, with a copy to the City. If no response is received within 30 days, AmeriNat will advise the City of the non-response and will proceed to foreclosure. AmeriNat will properly document the steps taken to affect a cure.If the loan is not reinstated or paid off, AmeriNat will continue foreclosure up to and including the sale of the property. If the City desires AmeriNat to perform property management, a third-party property management vendor will be engaged. AmeriNat can identify, track and pay bills related to property preservation, the costs of which remain the responsibility of the City. Upon sale of the property, AmeriNat will return the proceeds of the sale to the City less foreclosure fees and previously un-reimbursed costs incurred.In the event the borrower reinstates the loan, AmeriNat will remit to the City payments received from the borrower. For those loans that are reinstated by the borrower, AmeriNat will resume normal servicing functions.Bankruptcy Administration Services1. Chapter 7 Bankruptcy:a. Upon receipt of notification from a court of law, debtor (borrower), or the City, of a Chapter 7 bankruptcy for a debtor serviced by AmeriNat, AmeriNat will modify the account in preparation for monitoring of payments. Additionally, a Reaffirmation Agreement will be generated and forwarded to the borrower’s attorney (debtor’s counsel) for signature, and to the appropriate court upon receipt of the executed document. This fully enforceable agreement, if executed, will 208
13 retain the lien as secured and will keep the lien from being discharged as part of the Chapter 7 discharge. If the borrower has no legal counsel and has filed their bankruptcy petition "pro se", (on their own behalf) or with the assistance of a licensed paralegal, AmeriNat can communicate directly with the borrower. b. Upon default of borrower’s remittance of payments during the bankruptcy, AmeriNat will notify the borrower’s (debtor’s) counsel and Chapter 7 Trustee advising of the default, but if filed pro se, then the debtor would be notified directly. c. Should the Chapter 7 Trustee determine that assets are available for distribution to creditors, AmeriNat will file a Proof of Claim on behalf of the City. 2. Chapter 13 Bankruptcy:a. Upon receipt of notification from a court of law, debtor (borrower), or the City, of a Chapter 13 bankruptcy for a debtor serviced by AmeriNat, AmeriNat will notify the City of its intention to file a Proof of Claim as well as supporting bankruptcy documentation and will file with the appropriate court. Upon receipt of a returned filed Proof of Claim from the court, AmeriNat will forward a copy of same to the City and will begin monitoring post and pre-petition payments to borrower’s loan account.b. Upon default of borrower in the remittance of post-petition payments, AmeriNat will notify the borrower’s (debtor’s) counsel of the default, instructing that further default will result in the filing of a Motion for Relief. If the borrower has no legal counsel and has filed their bankruptcy petition "pro se", (on their own behalf) or with the assistance of a licensed paralegal, AmeriNat can communicate directly with the borrower. In addition, notification of the default will be forwarded to the Trustee’s office. Should there be a continued default in post-petition payments, and at the instruction of the City, AmeriNat will file the Motion for Relief. Once authorized by the court, and as directed by the City, AmeriNat may then begin foreclosure proceedings.Subordination Processing1. Subordination Request Package: Upon a borrower’s request for a subordination, AmeriNat will send a Subordination Request Package to the borrower or designee (lender or title). The City may require the borrower to pay the cost of the subordination processing at application or the City may pay the cost upon billing from AmeriNat. 2. Review Process: The purpose of the subordination review process is to determine that the new senior loan on the borrower’s property will be made in conformance with the City’s subordination policy and that the City’s title position and security for its note is properly treated. Also, a review of income of the borrower may be performed if there are ongoing restrictions on income levels for the program participant. Documentation typically required for the review may include the following:
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14 a. Letter from borrower with reasons for requesting subordinationb. FNMA 1003 application, or other applicable application, for new senior loanc. Lender’s approval of new senior loand. Title reporte. Appraisalf. Closing instructions and estimated closing statementg. Credit report (if required)h. Tax return or other income documentation (if required)i. Completed Subordination Agreement ready for signaturej. Request for Notice document on new senior loan(s)3. Document Preparation: AmeriNat prepares subordination documents, or can review documents prepared by the new senior lender. These documents generally include:a. Subordination Agreementb. Request for Notice document on new senior loan(s)c. Closing instructions 4. Recommendation: At the completion of the review, a report is forwarded to the City with a recommendation to either approve the request and to execute the Agreement, or to deny the request. The report will contain a recapitulation of pertinent information such as lowered monthly payment amounts, old and new LTV’s, new and old senior debt loan amounts, etc. 5. Approval: Upon the City’s approval of a request for subordination, the City will forward to borrower’s lender or Title Company:a. Completed and executed Subordination Agreement between the City and borrowerb. Closing instructions dictating terms / use of Subordination Agreement documentc. Request for Notice document for new senior loanLoan AssumptionsUpon request from a borrower or authorized representative of a borrower’s estate, AmeriNat will review the loan documents to determine options for loan assumptions. If applicable, AmeriNat will forward an income certification or other documentation to the borrower for evaluation purposes. Recommendations for assumption will be provided to the City for approval if preferred.Review of Loans for Changes in TitleAnnually, loans will be reviewed to determine whether title has been transferred away from the signer. Loans on the delinquency list can be reviewed monthly upon request. The fee matrix provided by the City did not include this service; this fee will be negotiated upon request of service. 210
15 Short Sale RequestsA short-sale form will be provided to a borrower upon request. AmeriNat will review the short sale request and provide a recommendation to the City. If approved, a reduced payoff demand will be prepared. Short sale proceeds will be distributed in accordance with the original loan requirements.Income Re-verifications1. Level One (Income Only):a. In keeping with the provisions of the borrower’s promissory note and/or loan agreement, AmeriNat will forward an income re-verification package to the borrower. The package will contain instructions and forms needed to complete the re-verification.b. If the required information has not been received within two weeks, AmeriNat will send a reminder letter.c. If the borrower fails to respond within the allotted time frame, AmeriNat will notify the City of the borrower’s non-compliance.d. Upon receipt of a completed re-verification package, AmeriNat will perform the following tasks:Verify that forms are complete and proof of income has been received.Calculate the borrower’s income to determine continued compliance with the City’s program requirements for income.Forward re-verification report to the City, with a recommendation for continued deferral or amortization. If the recommendation is to amortize the loan, and the City approves, AmeriNat will prepare necessary loan documents (additional charges will apply). The loan documents will be forwarded to the City for borrower and the City signatures. AmeriNat will record necessary documents and will begin collecting under the new payment schedule.2. Level Two (Income, Debt, and other Program Requirements):Includes level one services plus the following:a. AmeriNat will order credit reports on borrower and will calculate the borrower’s debt to income ratio to determine if borrower has present capacity to make monthly loan repayments;b. AmeriNat will receive documentation (established by the City) to determine that program requirements have been met, e.g. continued occupancy, insurance, etc. 211
16 c. AmeriNat will forward a re-verification report that includes the status of the borrower’s income, capacity for incurring additional monthly note repayments, and compliance with the City’s program requirements.Property Conditions Profile and Residency Verifications1. Property Conditions Profile:a. AmeriNat engages a site visit of the owner’s property to determine the outer condition of the dwelling and the condition of detached structures and grounds. Two photos will be taken to document the condition of the property. NOTE: AmeriNat will not enter upon the owner’s private property.b. Property profiles rate (good, fair, poor) the condition of the property, and also comment on the following: roof type, property type, structure color, neighborhood condition, construction type, environmental hazards, and status of utilities.c. If the dwelling appears vacant or abandoned, it will be noted in the report.d. Property profiles may be ordered by the City for varying frequencies, e.g., once every two years, once every three years, etc.2. Residency Verification: AmeriNat will forward an instructional letter and Affidavit of Owner to the borrower. The Affidavit requires the owner to affirm continued compliance with provisions of the promissory note and/or rehabilitation agreement. Such provisions may include, but are not limited to, the following:Continued residenceTimely payment of property taxesOngoing hazard and flood insurance coverageTimely payment of sums due to superior lien holdersProper maintenance of the propertyNon-subordinationIf no response is received within two weeks, AmeriNat will send a second letter, again requesting owner to sign and return affidavit. AmeriNat will compile responses and will forward original affidavits to the City. ReportsAmeriNat’s standard reports are designed to meet the City’s objectives and funding source requirements. Data reporting is flexible and can be reported in several ways, including program type, funding source and 212
17 funding year. Reports are available to the City online through AmeriNat’s portal. The City has unlimited access to account and portfolio data through the portal and can view the information as well as generate reports that can be downloaded into Excel. 1. Portfolio Status Report: The report provides a comprehensive accounting per loan of the total portfolio on a monthly basis. The report identifies annual payments made, remaining balances, borrower's name and account number, original loan balance, interest rate, and loan term. For those deferred loans accruing interest, the report shows the ongoing accrued interest balance.2. Current Month Reconciliation Report: This monthly report serves as reconciliation for the loan payments remitted by borrowers. 3. Delinquent Aging Report: This report reflects delinquent accounts at the 30, 60, 90, and over 90-day levels as of the end of the month. Borrower accounts moved into the forbearance or foreclosure process are designated.4. Fee Detail Report: This monthly report details AmeriNat’s fees assessed and overall remittances on a per loan basis.5. Escrow Deficit Report: This monthly report details advances made by AmeriNat on borrower accounts with deficient escrow balances and tracks the amount to be included with or deducted from the City’s monthly remittance; a net shortage/negative will be deducted and a net overage/positive will be remitted. 6. Account Information Report: This report provides a borrower profile, loan term and current balance and status information for individual borrower accounts within a client’s portfolio. It includes a vast amount of information on particular accounts within the City’s portfolio. 7. Payment History: This report details transactions on individual accounts for the current year’s activity.8. Payment History with Memos: AmeriNat uses a series of memo codes to help classify various borrower requests or processing activity. Activities subject to memo code classification include, for example, insurance request letters, payoff requests, and other miscellaneous borrower questions. This report summarizes the loan history with identification of these types of activities along with associated comments by AmeriNat personnel. 9. Additional Standard Reports: Borrower with BalancesOpen AccountsClosed AccountsAccount Status ReportInsurance Status ReportAccount Memo Listing Report Borrower Property Information 213
18 Escrow Activity Late Charge ActivityDaily Transactions SummaryManual AdjustmentsLoan Processing, Underwriting, and Document PreparationThrough an affiliate company (included in “Consultant” below), loan processing underwriting and document preparation can be offered to the City.1. Application Submission: Upon receipt of a complete loan application package, documents and supporting materials should be sent to Consultant for processing. An efficient underwriting process is predicated on the file being complete before the review is started. Support materials will be identified in the program description, and we can work with you to develop a checklist for use in file submission. Supporting materials may include but are not limited to, paycheck stubs, W-2's, mortgage statements, property tax bills, and insurance policies when applicable. 2. Preliminary Risk Analysis: Upon receipt of a completed loan application package, Consultant will review the application for accuracy and thoroughness. A Preliminary Risk Analysis (PRA) may be developed to determine that it is reasonable to proceed with processing. The PRA can be developed before incurring outside costs, such as Title Reports and appraisals and can result in avoiding costs being incurred on a loan that cannot be approved. The Preliminary Risk Analysis will include the borrower’s Median Family Income (MFI) and an estimate of the borrower's ability to pay (where applicable) that will address a maximum interest rate conforming to the City’s criteria. The analysis is then sent to the City for approval to proceed. 3. Underwriting Analysis: Upon receipt of an approval to proceed, Consultant will order applicable outside services such as a title report, appraisal, credit report and verifications. Once the firm cost of rehabilitation is known (a contractor bid has been awarded) a final underwriting analysis will be prepared, addressing the following items:Affordability (Debt to Income Ratio Analysis)Current and past credit historyFinancial interest in the property (Loan to Value)Status of title to secure lien positionUpon receipt of verifications and reports, a Final Loan Recommendation (FLR) will be prepared and sent to the City for approval and funding.Loan Document Preparation 214
19 Once a loan has been approved, the City shall forward to Consultant a Request for Loan Documents containing required information to complete the preparation of loan documents. In accordance with the loan document request, Consultant shall prepare and forward the following documents, templates for which are provided by the City, generally within five (5) business days, for the City’s execution:Deed of TrustPromissory NoteTruth in Lending Disclosure StatementRequest for Notice of Default and SaleNotice of Right to CancelControl InstructionsDeclaration of Covenants, Conditions, and Restrictions (CC&Rs)Other documents as agreed to with the CityOnce the documents are executed by the borrower, the Deed of Trust and Request for Notice are returned to Consultant for recordation with the County Recorder. Following the recording of the Deed of Trust, Consultant shall confirm that the City’s lien position is secure by updating title (when approved by the City).Funds DisbursementThe Funds Disbursement service is powered by our affiliate company, American Deposit Management (ADM). ADM’s American Payment Solutions (APS) program in conjunction with one of their liquid accounts becomes a powerful treasury tool to manage projects. Process and Invoice ApprovalApproval and payment protocol will be established between the City and ADM. No payments are made outside of the protocol. Individual contractor payment accounts are established via ADM’s secure client portal. The City approves and inputs each contractor, invoice, and payment into the portal. ADM pays contractor directly on behalf of the City via ACH or wire. Interface for Accounting and Audit ControlA payment file is generated by ADM’s system daily, weekly, or monthly, and the file is fully customizable depending on the City’s need. Easy and straightforward upload process to integrate with the City's financial software (.xml, .csv, or other file types). ADM can also process tax filings and mail Form 1099 to contractors at the end of each year. 215
20 Exceptions:AmeriNat has the following exceptions to the City’s sample contract:V. Termination. Section XI. Ownership of Work: AmeriNat requests that the following language be added to item A.:AmeriNat Portal access. The City agrees to access and use the AmeriNat Portal solely for its own internal use, in compliance with operating instructions provided by the Consultant and the terms of this Agreement, and to designate an authorized individual to serve as the Client Data Security Administrator. The City further agrees to treat the AmeriNat Portal and all associated documentation and processes as Confidential Information.Section XIV.: Item C. AmeriNat requests that the following language be added to the following sentence in item a, “…without the written consent of the other party, which such consent shall not be unreasonably withheld.” Add the following to this section:oLicensing:The Consultant operates under the regulation and jurisdiction of various licensing authorities including those states from which the City intends to originate and/or purchase loans. The requirements of which may vary from time to time. If the Consultant’s authority to service loans in a particular state were revoked or otherwise made unreasonable to continue in the then-current processes and in accordance with the terms of this Agreement due to changes in circumstances or regulation, the Consultant will provide prompt notice of its requirement to modify or terminate services and will modify or terminate services before the latest available date as allowed by regulatory authority. Termination under this provision will not be deemed to be a default by the Consultant, and no liability will exist to reimburse the City for losses incurred as a result of the termination. If services are terminated under this provision the City will not be liable to the Consultant for transfer fees specified in the fee section of this Agreement.oConfidentiality:Confidential Information. "Confidential Information"means information which is proprietary to the Consultant and which relates to its existing or reasonably foreseeable business, including, but not limited to, information contained in: products and product design; business methods and techniques; trade secrets, data, specifications, developments and research activity; marketing and sales strategies, information and techniques; long and short-term plans; business policies; current and prospective customer lists, contacts and information; financial, personnel and information system information; and other information concerning the Consultant’s business, its manner of operation, its plans or other information that is not disclosed to the general public or known in the industry and acquired or learned by the City or 216
21 the City Indemnitees. Confidential Information also includes information about AmeriNat customer or borrowers, including information of the type identified above and including non-public personal identifying information on the same, including but not limited to personal tax identification numbers. Such information shall be treated as Confidential Information irrespective of its source and whether such information is expressly identified as being "confidential" or "trade secret." Nondisclosure. The City agrees, during the duration of this Agreement and at all times thereafter, to hold in strictest confidence and to never disclose, furnish, communicate, make accessible to persons or use for the City’s or another's benefit, Confidential Information. The City also agrees not to permit Confidential Information to be used in competition with the Consultant. The City acknowledges that Confidential Information constitutes a unique and valuable asset of the Consultant, and that disclosure of such Confidential Information would cause irreparable harm to the Consultant for which money damages would not be an inadequate remedy and that, in addition to remedies at law, the Consultant is entitled to equitable relief as a remedy for any such breach. The City agrees to refrain from acts and omissions that would reduce the value of Confidential Information to the Consultant. Required disclosures. The City agrees to provide Consultant notice of disclosures required by a governmental agency, judicial body or law prior to such disclosure being made, or in the event that prior notice cannot practicably be given, simultaneously with the disclosure. The City will cooperate in a reasonable effort to obtain a protective order (at the requesting party’s sole cost and expense) relating to the disclosure of such information. In addition, upon request for the City to mark such information as privileged or confidential when disclosed, the City will cooperate with such request to the extent permitted by law. oCooperation.The City shall cooperate with the Consultant in the execution of the Consultant’s responsibilities under this Agreement. Such cooperation shall include, but not be limited to, the provision of data and information regarding the Loans that is accurate and not in conflict with other information contained in the Loan documents and the timely provision of Loan and collateral documentation necessary for the Consultant to adequately complete its servicing obligations. The City shall update the Consultant with new and relevant information it obtains regarding the Loans being serviced and shall promptly provide updated Loan documentation that is discovered or generated by the City.oCompliance With Late Fees. In order to ensure compliance with respective state statute, the City’s Loans will be boarded and serviced in accordance with the late fee provision in the Loan documents, and where appropriate, said late fee will be reduced to not exceed the maximum amount allowed by law. Loans boarded for servicing that do not contain a late fee provision are subject to an additional monthly servicing fee surcharge. 217
22 oIRS reporting. If the services to be provided under this agreement include the acceptance of loan payments and/or 1099 reporting (1099-Int, 1099-C, etc.), the Consultant shall submit the required 1098 and/or 1099 forms to the Internal Revenue Service as required. If the Loan data provided by the City does not include a valid social security number for a borrower(s), the Consultant shall exercise reasonable means to obtain such valid social security number(s). If the lack of an available and/or valid social security number(s) results in a penalty or fine assessed by the Internal Revenue Service, the City will be notified of the amount of the penalty or fine and will promptly reimburse The Consultant for such penalty or fine paid or to be paid. 218
23 C. Staff Qualifications and Related Experience1. Staff Qualifications and ExperienceAmeriNat considers this information to be proprietary and confidential information, which shall not be disclosed outside the City and shall not be duplicated, used, or disclosed - in whole or part - for any purpose other than to evaluate this offer/proposal.Below are the resumes for AmeriNat’s key staff members who will be assigned to the City’s servicing team. The AmeriNat team has direct experience with loan servicing, loan portfolio management and local city and other government loan programs. AmeriNat provides similar services across the country and extensively throughout California. Adrienne Thorsonserves as Chairwoman and CEO. Adrienne has over 35 years’ experience in financial services, including 26 years at AmeriNat. Prior to coming to AmeriNat, Adrienne was CFO of AmericanaNational Bank, served as Market President of four American Bank branch locations and spent 8 years inpublic accounting at CliftonLarsonAllen LLP as a manager in the audit division overseeing audits of both financial institutions and local government clients. Adrienne holds a bachelor’s degree in accounting from Mankato State University and is a Certified Public Accountant. Adrienne will oversee the performance and service delivery of this contract. Mark Fredericksserves as Chief Operating Officer. Mark has over 24 years’ experience directly related to originating and servicing commercial debt, affordable multifamily real estate finance and Section 42 Low Income Housing Tax Credit equity investments. Prior to AmeriNat, Mark was Vice President forWachovia Bank and Vice President for Bank of America. He holds a bachelor’s degree in accounting from Florida State University.Jody Montgomeryserves as Chief Technology Officer. Jody has over 16 years’ experience in IT. Prior to AmeriNat Jody served as the Vice President of IT for Bank Iowa. Jody has an IT degree from Des Moines Area Community College and has certifications in project management, training, and information security.Jody will oversee the IT needs and address customized technology needs related this contract. Michael Torresserves as Chief Product Officer. Michael has over 35 years’ experience working for AmeriNat. Prior to his employment with AmeriNat, Michael served in the United States Marine Corps. Michael holds a bachelor’s degree in business administration with a concentration in Finance from the University of Phoenix. Mike will oversee the project and service development needs related to this contract.Claudia Herreraserves as Director of Audit and Compliance. Claudia has over 18 years of experience in the financial industry. Prior to AmeriNat, Claudia was the Service Operations Manager at Wells Fargo Bank. Claudia holds a bachelor’s degree in business administration with an HR concentration from Southern New Hampshire University. Claudia will be the City’s key contact for requests and special needs. 219
24 Katie Leeserves as Director of Investor Services. Katie has over 15 years of experience working in financial services. Prior to her role as Director of Client Services, Katie served as AmeriNat’s Compliance and Internal Audit Manager, overseeing regulatory exams and consumer compliance in addition to consulting with the various AmeriNat business units. Katie received her Bachelor of Science degree from St. Cloud State University, where she majored in Finance and minored in International Business. Katie is certified as a Certified Community Bank Compliance Officer by the Independent Community Bankers of America. Katie will oversee the client support team functions and deliverables and will be the key liaison between the City and AmeriNat’s staff/operations. Karen Morseserves as Sr. Manager of Investor Services. Karen has been with AmeriNat since 2003. Prior to her current role, Karen served as the Director of Human Resources. Debbie Vraneshserves as Director of Operations. Debbie has 32 years’ experience working in financial services, including 16 years at AmeriNat, and currently oversees the single-family servicing activities. Previously, Debbie worked with Financial Partners Credit Union. Debbie holds an associate degree from Orange Coast College. Debbie will oversee the servicing activities related to this contract. Andy Olinskiserves as Sr. Manager, Default Services. Andy is a seasoned financial services leader with over 20 years of experience in default servicing. He has a deep functional knowledge of loss mitigation, foreclosure, and bankruptcy as it pertains to the servicing of FNMA, FHLMC, FHA, USDA, VA, FHLB, and conventional loans. Prior to AmeriNat, Andy was the Loss Mitigation Manager for Dovenmuehle Mortgage, Inc. Andy holds a bachelor’s degree in political science from DePaul University.Danielle Wangsnessserves as Sr. Manager, Operations. Danielle has over 18 years of experience in the financial industry. Prior to AmeriNat, Danielle was the Assistant Vice President/Retail Banking Officer at Eastwood Bank. Danielle holds a bachelor’s degrees in communications and German from the College of Saint Benedict/St. John’s University. Danielle oversees the health of the day-to-day operations, which spans customer service, payment processing, taxes and insurance, cashiering, and special loans. LaShonta Brooksserves as Customer Service Manager. LaShonta has over 18 years’ experience in customer service. LaShonta joined AmeriNat in 2023. Prior to AmeriNat, she served as a Call Center Manager. LaShonta holds an associate’s degree from Victor Valley College. Christina Arteagaserves as Loss Mitigation Manager. Christina has over 10 years’ experience in collections. Christina joined AmeriNat in 2022. Christina is currently attending the University of Phoenix to obtain her bachelor’s degree in business management. Lucia Jacksonserves as Collections Manager. Lucia has over 20 years of loan servicing and collections experience. Lucia joined AmeriNat in January 2022. Prior to AmeriNat, Lucia was the Collections Manager for TCF Bank-Gateway One Lending & Finance. Frank Perezserves as Tax and Insurance Manager. Frank has over 20 years of loan servicing experience. Frank joined AmeriNat in 2024. Prior to AmeriNat, Frank was the manager of loan servicing for AmWest Funding Corporation. Frank has a Network Technology Certificate from the United Education Institute. 220
25 Cynthia Mendezserves as Cashiering Manager. Cynthia has over 20 years of accounting experience, including 10 years at AmeriNat. Cynthia has been with AmeriNat since 2012. Prior to AmeriNat, Cynthia was an Accountant II for Citi Residential Lending. Estella Villalobosserves as Payoff Manager. Estella has been with AmeriNat since 1998. She has extensive experience in loan administration and customer service. Jason Rembertserves as Quality Control Manager. Jason has over 25 years of experience in customer service and 15 years in the financial industry. Prior to AmeriNat, Jason was an Enterprise Estate Unit Team Member at Bank of America. Jason holds a bachelor’s degree in business management from California State University, Fullerton. Jason will maintain quality control over various activities related to this contract. Micki Abelserves as VP of Business Development. Micki has over 20 years’ experience working in salesfor AmeriNat. Prior to AmeriNat, Micki held various positions in banking and insurance. Micki holds abachelor's degree in finance from Ball State University.2. Related ExperienceAmeriNat has unparalleled experience in the affordable housing industry. AmeriNat has 50 years of experience servicing loans. Working with approximately 300 clients nationwide, AmeriNat services over 50,000 loans with a principal balance of approximately $11 billion, the majority of which were generated by cities like the City of Visalia, to promote affordable housing and economic development. For all 50 years, municipal clients have been a significant part of AmeriNat’s portfolio management activities.AmeriNat has also underwritten multiple thousands of single-family affordable housing loans and has over 300 actively reporting multifamily affordable housing developments ranging in size from $500,000 to $20,000,000. AmeriNat was instrumental in processing and underwriting loans under the Hardest Hit Fund program and has worked with multiple state and local agencies processing and underwriting Homeowner Assistance Fund and Emergency Rental Assistance Programs. AmeriNat has decisioned over 115,000 files under the HAF programs, approving over $1 billion disbursed to homeowners.In addition, AmeriNat monitors over 30,000 units for affordability and maintenance that are restricted under affordable housing programs including LIHTC and HOME. AmeriNat has also provided state and federal prevailing wage (Davis Bacon) compliance monitoring for over 350 developments throughout the nation.

AMERINAT SERVICING EXPERIENCE AT A GLANCE50 years of loan servicing experience300 clients nationwide, including over 100municipalitiesServicing over 50,000 loans with a principal balance of approx. $11 billion 221
26 AmeriNat manages portfolios of single family, multifamily and commercial/economic development loans with widely varying structures. These loans are originated under multiple funding arenas including CDBG, HOME, HHF, ARRA, NSP, HOPE, EECBG, tax-exempt and other developer bond funds and other common federal, state and local sources including redevelopment funds and are insured by FHA, VA, RD, and private insurers. They include first and junior lien loans. AmeriNat is also extensively familiar with the LIHTC program. AmeriNat is an approved servicer for: FHA, VA, Fannie Mae, Freddie Mac, Federal Home Loan Bank, and USDA.AmeriNat’s key strengths and qualifications are evident from its history of operations. The City can rely on AmeriNat for:Industry ExpertiseAmeriNat offers substantial lending and servicing knowledge of varying loan types and portfolios that often require extensive and unique portfolio management requirements not found in conventional lending environments. AmeriNat’s expertise includes residential and commercial rehab loans, “blended loans” with multiple funding sources, deferred loans, due on sales loans, forgivable loans, and equity share provisions of first-time home buyer loans. In addition, AmeriNat has a breadth of experience with government clients that allows it to meet needs beyond traditional loan servicing, such as targeting loans to federally-sponsored assistance programs. Advanced Information Technology CapabilitiesAmeriNat’s information technology tools have been customized for the affordable housing industry. Reporting is extensive and highly flexible, and information accessibility is a key tenet to the platforms. Borrowers have access to their loan data online, and the City can access borrower data and reports online, real-time, 24/7/365. This same information can be downloaded into Excel for further manipulation and analysis. FlexibilityAmeriNat has a proven history and vast resources but isnot a “big-box” firm with rigid requirements. AmeriNat staff provide personal, high-touch service, adhering to uniformly accepted servicing standards and best practices in the industry, but also customizing servicing steps to meet program requirements and goals. Particularly in the area of delinquency management, AmeriNat deploys a range of different tools designed to meet client objectives. AmeriNat works 1-on-1 with clients, as their partners in service delivery.Commitment to Excellence in Client ServiceAmeriNat follows through on itscommitment to service excellence through ongoing communication with its clients. AmeriNat has two support centers –one for clients and one for borrowers – to maintain the “hands on” approach clients appreciate. A dedicated representative from the Investor Services department will be the City’s first point of contact for questions and needs. Theywill connect with other personnel throughout the firm as needed to respond quickly and fully. In addition, City staff has direct contact information for AmeriNat managers, including senior leadership, who are dedicated to a productive and beneficial servicing relationship. 222
27 Service Overview:AmeriNat offers a comprehensive menu of services that has been customized to meet the special requirements of clients, including: LOAN SERVICING AmeriNat provides comprehensive loan administration across single family, multifamily and commercial asset classes for a wide variety of clients. AmeriNat is licensed in states throughout the nation and Puerto Rico, and is approved by FHA/VA, USDA, Fannie Maeand Freddie Mac. AmeriNat’s “client-centric” culture emphasizes portfolio performance goals, data transparency and an agile work philosophy designed to bring high value to customers.LOSS MITIGATION AmeriNat’s loss mitigation teams are experienced with a broad range of borrowers under multiple types of investor programs. Frequent outreach and encouragement of non-judicial debt resolution serve as the foundation for AmeriNat’s collections activities. The AmeriNat teams also manage loan relationships through bankruptcies, foreclosures, judicial remedies, asset liquidation, REO management, and claim reporting.COMMERCIAL PACE MANAGEMENTAmeriNat offers property tax management services to the Commercial PACE (C-PACE) industry. This service is offered on a stand-alone basis and complementary to C-PACE loan servicing activities. AmeriNat manages assessment enrollment, payment receipt, and investor remittances, provides payoff calculations, works directly with the taxing jurisdictions to reconcile assessments, and provides extensive investor reporting. AmeriNat is also able to direct-bill assessments to the property owner/borrower.DEPOSIT MANAGEMENT SERVICESPowered by our affiliate company, American Deposit Management (ADM), AmeriNat provides nationally recognized, award-winning, deposit management services, with over $6 billion in assets under management. The development of ADM’s proprietary Financial Technology (FinTech) has allowed us to provide our clients access to exclusive rates and unlimited deposit protection through a network of 600+ financial institutions. This offers clients the safety, security, and liquidity needed for all their deposits. Our clients are our number one priority and everything we do is with them in mind. 223
28 LocationsThe locations in which AmeriNat either performs work or has offices are indicated on the map on the following page. AmeriNat’s staff are also remote work enabled, meaning that in times of local or national emergency situations, work continues in uninterrupted fashion.

Operating PrincipalsAmeriNat’s operations are based upon sound business principles and a dedication to the markets that it serves, consistently applied over 45 years. Key pillars to the company’s operation include:
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29 LeadershipAmeriNat’s CEO and the team of officers and staff are skilled and committed to keeping the client’s interest at the center of AmeriNat’s operations. AmeriNat’s Board of Directors sets a tone from the top for leadership and accountability, as well as compliance with laws and regulation. Leadership is further supplemented by a board-appointed audit committee that assists with oversight of integrity of financial reporting as well as compliance with legal and regulatory requirements. AmeriNat’s Board of Directors include:Adrienne Thorson, Chairwoman and CEOAdrienne Thorson serves as Chairwoman and CEO. Adrienne has over 30 years’experience in financial services, including 25 years at AmeriNat. Prior to coming toAmeriNat, Adrienne served as Market President and CFO at Americana National Bank and successor banks and spent 8 years in public accounting at CliftonLarsonAllen LLP as a manager in the audit division overseeing audits of both financial institutions and local government clients. Adrienne holds a BS in Accounting from Mankato StateUniversity and is a Certified Public Accountant.E. Gerald (Jerry) O’Brien, Board MemberJerry O’Brien serves as CEO and CIO for O’Brien-Staley Partners and has over 25 years of experience. Formerly senior partner and head of global loan portfolios for CarVal Investors. 17 years of experience across all aspects of financial businesses for Cargill and CarVal. Early career with Chemical Bank and DG Investment Bank in New York. MBA in analytical finance and marketing from University of Chicago and AB in economics from University of Michigan.Adam Bernier, Board MemberAdam Bernier serves as Managing Director and Chief Operating Officer for O’Brien-Staley Partners and has over 25 years of experience. 21 years of experience for Cargill spanning investment management, internal audit and controllership for both investment business and operating units. Certified Management Accountant & BS in accounting & finance from Minnesota State University - Moorhead.AmeriNat’s leadership is further supplemented by a board-appointed audit committee that assists with oversight of integrity of financial reporting as well as compliance with legal and regulatory requirements. AmeriNat’s audit committee members include:

AmeriNat has an experienced and tenured leadership, management, and governance team, many of whom have worked together for over 25 years. 225
30 Adam Bernier, ChairAdam Bernier serves as Managing Director and Chief Operating Officer for O’Brien-Staley Partners and has over 25 years of experience. 21 years of experience for Cargill spanning investment management, internal audit and controllership for both investment business and operating units. Certified Management Accountant & BS in accounting & finance from Minnesota State University - Moorhead.Jacqui Dorsey, MemberJacquie is a Shareholder at Hvistendahl, Moersch, Dorsey & Hahn, P.A., law firm in Northfield, Minnesota. She has over 20 years’ legal experience in Minnesota, Beverly Hills, Los Angeles, Seattle and Phoenix, involving corporate management, commercial real estate and insurance defense. Jacqui holds a BS in Business Administration from the University of Southern California and a JD from the William Mitchell College of Law.Adrienne Thorson, MemberAdrienne Thorson serves as Chairwoman and CEO. Adrienne has over 35 years’experience in financial services, including 26 years at AmeriNat. Prior to coming toAmeriNat, Adrienne served as Market President and CFO at Americana National Bank and successor banks and spent 8 years in public accounting at CliftonLarsonAllen LLP as a manager in the audit division overseeing audits of both financial institutions and local government clients. Adrienne holds a BS in Accounting from Mankato StateUniversity and is a Certified Public Accountant.Ethics & IntegrityAmeriNat has built a foundation that emphasizes sustainability, integrity of operations, and successful outcomes for clients as well as employees and shareholders. AmeriNat operates in a fiscally responsible manner across operations and meets or exceeds the financial requirements of regulatory agencies. The company has an extensive system of internal controls designed to support the accuracy and integrity of operations and financial reporting. AmeriNat has always operated within a heavily regulated industry and its infrastructure emphasizes compliance with local, state and federal laws and regulations. AmeriNat holds the appropriate licenses for jurisdictions in which it operates. Employees operate under a Code of Ethics that has been established by the Board of Directors. The policy reinforces the high standards of conduct underlying operations. A Compliance Committee composed of senior line managers maintains a strong and consistent focus on ethical and regulatory compliant operations.AmeriNat also adheres to a rigorous audit program that operates under the jurisdiction of an independent audit committee. Audits conducted include:
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31 Annual audited financial statement and report on internal controlsAnnual SSAE 18 audit, SOC 1 and SOC 2Annual HUD auditAnnual FNMA audit procedures and monthly/quarterly loan auditsAnnual to 18-month compliance audits over pertinent federal regulationsAnnual to 18-month SAFE and BSA auditsOutsourced internal audits based on annual risk assessmentIn addition, AmeriNat maintains a broad package of insurance coverage including business and umbrella liability, management liability, workers compensation, cyber, automobile, personal property and other standard coverages along with errors and omission policies satisfying applicable servicing requirements and a standard Mortgage Banker's Blanket Bond.Investor and Borrower ServicesAmeriNat’s Investor Services Department has been separated and elevated in the organization in alignment with AmeriNat’s emphasis on client engagement, responsiveness, and attentiveness. The Investor Services team is available for regular meetings with the City, will review portfolio reports on a routine basis, is familiar with the status of delinquencies and claims and is the City’s first and final stop for questions and needs.Borrowers can reach borrower service staff via email and the toll-free phone numbers published on the AmeriNat website. Continuous access to loan account information is also provided during normal working hours through toll-free customer service telephone lines. Additionally, borrowers have 24-hour electronic access to their loan information via AmeriNat’s website at www.amerinat.com, and are also able to view their loan information via the AmeriNat app.AmeriNat emphasizes tracking inbound call stats, specifically the percentage of calls answered, average speed to answer and abandonment rate. AmeriNat recently deployed an automatic callback feature that allows a caller to choose to be called back rather than wait in the phone queue and borrowers have expressed their appreciation for this added feature. AmeriNat’s bilingual borrower service team is second to none with customer service ratings, as measured by Google, Wallet-hub and other industry sources, consistently exceeding those of its competitors by nearly 200%! AmeriNat’s excellence in customer serviceis evidenced through great reviews as shown below:
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32 Technology & InnovationAmeriNat considers this information to be proprietary and confidential information, which shall not be disclosed outside the City and shall not be duplicated, used, or disclosed - in whole or part - for any purpose other than to evaluate this offer/proposal.AmeriNat customizes its technology platforms based on the markets in which it operates and its clients’ needs. The IT department within AmeriNat, which is supplemented through outside third-party vendors for areas requiring a unique technology or expertise, utilizes a “continual improvement” model of operations. Ongoing upgrades and enhancements, which are driven by clients and staff members, align with the company’s commitment to providing superior service for clients. AmeriNat works towards the National Institute of Standards and Technology (NIST) cybersecurity framework. AmeriNat has an information security risk management program in place including risk assessments and audits, a third-party vendor management program, an incident response program and a comprehensive training program for security awareness. AmeriNat also has a tested Business Continuity Plan in place that is designed to recover critical business functions in its locations. This includes the engagement of a third-party vendor to provide turnkey disaster recovery procedures, backup and recovery strategies over critical data, off site storage and processing, data redundancy on a continual operating basis, and robust privacy and IT controls throughout the firm. The disaster recovery plan is tested annually through a formulated disaster scenario. AmeriNat system controls include multifactor authentication, out-of-band communication requirements for external fund transfers, and ongoing network monitoring, alerting and reporting. 228
33 AmeriNat PortalAmeriNat’s servicing platform is complemented by a proprietary data warehouse and investor loan access system. Custom reports and other requested data are loaded directly on the portal, for secure and convenient access.Homepage with graphic and summary displays of portfolioDrill-down links to detail loan data from homepage with 1-click functionalityComprehensive portfolio reports, including the portfolio trial balance and delinquency reports, all easily downloaded into excel or CSV.Notification when newly populated reports are available Filter and sort ability on report data for quick on-screen customizationDisplay and download customization through column selection, with ability to save custom views for future log-onsFile sharing – Two-way file sharing for secure and convenient access of custom reports and other requested data Investor portalOngoing enhancements to the AmeriNat portal are led by the Investor Services team, supported by the technology team. Future enhancements will include Investor management of the portal’s user access and enhanced API services. 229
34 Importantly, there are no user, data or access charges for the AmeriNat portal. Our team believes data availability should be imbedded within the loan servicing deliverable and views the AmeriNat portal as the information delivery component of “excellence in loan servicing”.Borrower websiteBorrowers have an access tool via the AmeriNat website providing a modern and mobile-friendly portal. In addition, AmeriNat’s mobile app provides borrowers another convenient tool (and fully integrating with popular consumer finance applications, such as Mint, TurboTax and QuickBooks).

Comparable ProjectsAmeriNat considers its project and client lists confidential and proprietary, as it consists of our entire organization’s business livelihood. In addition to the references listed in Section A above, AmeriNat would be happy to provide a further detailed listing of our clients to the City, under confidential cover, upon request. 230
35 D. Proposed Fee Structure and SchedulesAmeriNat considers this information to be proprietary and confidential information, which shall not be disclosed outside the City and shall not be duplicated, used, or disclosed - in whole or part - for any purpose other than to evaluate this offer/proposal.AmeriNat’s proposed fee structure is under separate, sealed cover. 231
36 E. Conflict of InterestAmeriNat does not have any financial, business or other relationships with the City or any member of the City staff that may have an impact on the outcome of the project. AmeriNat does not have any current clients who may have a financial interest in the outcome of the program. 232
37 F. Required FormsAttached are the following required forms:Attachment A – Loan Portfolio Management Fee Structure (under separate, sealed cover)Non-Collusion AffidavitWorker’s Compensation Insurance CertificateEqual Employment Opportunity Compliance CertificateBidder’s Statement on Previous Contracts Subject to EEOCAmericans with Disabilities Act Compliance CertificateOwnership Disclosure for Contractors and ConsultantsDrug-Free Workplace CertificateIran Contracting ActRFP Addenda, if applicable. 233
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RFP-24-25-20
Loan Servicing

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Visalia City CouncilMay 5, 2025

Visalia City Council
May 5, 2025